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BazzaS last won the day on February 18

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About BazzaS

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  1. You will be relying on their driver a) believing they are at fault, (otherwise, what have they got to lose if their dashcam shows they weren’t moving, or if “the dashcam was off, so I must have had the ignition off, it shows the time I stopped, and the time the ignition was restarted after”) and ALSO b) hoping you won’t contact the company. Even if it was their fault, they are less likely to face a disciplinary for telling the company than not, in case you contact the company. So likelihood they’ll have told their company. Once the company are involved, you can bet the police will be informed there was an accident & details weren’t exchanged. Hence my conclusion of “only way to be sure you are on safe ground : notify the police & your insurers”.
  2. Unless their driver “gets the retaliation in first”. ”I went to speak to her after she hit the van. I told her she had hit my van. She seemed quite aggressive : then she started taking photos. I thought that’d mean she was wanting to exchange details but then she got in her car & drove off (her driving off whilst I was stationary is there to see on my dashcam......)” Road Traffic Act 1988 s 170 (2) 2 things are key : 1) was there any damage (even minor / to the bumper) of their van 2) Have they reported it to the police (which you won’t know until you get asked “they notified it within 24 hours, why didn’t you?” only way to be sure you are on safe ground : notify the police & your insurers.
  3. They'll look at that, see the obvious flaw, and (probably) say "ohh, look, its got a copy of a line from the letter we first saw in Nov 2012". There is no "magic bullet" letter, but I'd suggest: a) Not saying something that they'll immediately say "well, that doesn't seem strictly true" b) by all means use "themes" from letters you have seen on the internet, but don't straight copy : not only does it risk you saying something not appropriate to your situation, but they'll have seen it before, and your own words will 'ring true' and be more persuasive than direct copying from internet forums.
  4. Is the other property (that you are using as a price comparator) freehold or leasehold? if leasehold : are the terms (duration remaining) of the 2 leases identical?
  5. BazzaS

    Cabot - HSBC CC

    What is that? Does it have a DSM-5 (or ICD-11) coding?
  6. If you don’t tell your insurer and the delivery company do, you can invalidate your next insurance renewal unless you declare it then. if you are planning on declaring it then : may as well declare it now!.
  7. A number of potential issues. A) if the van driver says you turned into the back of their van, how will you show they reversed into you? There may be dashcam footage : it could show if they reversed at all. B) Why would you NOT exchange details? if the driver claims they asked you for details and you then drove off, how would you show that you were never asked. Report the incident to the police. Report the incident to your insurers. That way you reduce the risk to you, making it more likely the worst that can happen is your premium rises. Do you have a dashcam? Save any footage if you do.
  8. BazzaS


    Sorry to hear of your cancer diagnosis. Whilst it may seem unemotional, I'm going to focus on the legal picture surrounding the events. I'm not sure I fully agree with EB. While some of the BRCA genes are associated only with increased risk of breast cancer, the most common (BRCA1 and 2) do increase the risk of ovarian cancer, and if they should know this puts an extra onus on the doctors. For there to be negligence (including clinical negligence), a number of steps must exist: a) The negligent party must owe a duty of care b) there must be a breach of that duty of care, c) harm must result, and d) there mustn't be an intervening act that was the cause of the harm rather than the harm being from the breach of duty of care. a) you may need to get advice on which clinician (it may be both!) was responsible for managing the ovarian cancer risk side of your BRCA gene (if your gene increase your risk of ovarian cancer: if it is one that doesn't then there will likely not be a breach of duty of care) b) Did whichever doctor was responsible for following up any increased risk of ovarian cancer do all that they should? Was the initial scan correctly reported? Should there have been a repeat scan / imaging at any stage if there was an increased risk? c) This follows on from b), c) i ) if you would have developed your ovarian cancer anyway (AND it wouldn't have been diagnosed earlier, Or even if it had been diagnosed earlier your prognosis wasn't altered by the lack of earlier diagnosis) : no additional harm beyond what would have happened anyway if things had gone with ideal follow-up, so no harm RESULTING from the breach of care c) ii) should you have been offered preventative surgery either breast, (although the breast surgeon may say: not breast cancer, no harm from lack of breast surgery) , AND/OR ovarian removal (was that offered? that may also be influenced by how old you are / if you are post-menopausal). I think these are reasonable questions for you to be asking (or have someone ask) the clinicians. Given that you have said this was BRCA1 gene, and the geneticist advised a referral for surgery: I would certainly be asking for an explanation: if everything went as it should you need to know that, as much as you need to know if things didn't go as they should.
  9. I think it is fine to highlight that the effect of a conviction could be disproportionate for you because of the profession / employment side of things, just do so factually without 'laying it on thick'.
  10. Note my previous advice “don’t over-egg the pudding”. So, I’m going to be blunt. They’ve heard all of this (and more) before. Are you you looking to have them decide to offer an alternative to prosecution? There will still be a financial cost, and it’ll be expected as a lump sum (you only get “instalments” with a court fine and that’d mean a conviction). or do you want to risk it looking to them that you want them to decide it’s OK for you to evade your fare, arrange a refund for your wife’s Oyster, and have a whip-round in the prosecution office to knock a bit off your credit card debt while seeing if they can sort you another ticket to Canada?? You still need to come across as contrite, not as if you are looking for sympathy and offering excuses.
  11. What harm have you suffered? What outcome do you want?. All the original GP needs to say is that they were delayed anyway, (since it appears this was the case, since you were told this!) and they were concerned that due to your previous complaint, and the ongoing delay that day, that they thought it best you were seen by a colleague instead, not only to reduce your delay, but also to avoid an uneasy interaction that might have made it harder for you to receive good care. If they hadn't had arranged for a colleague to see you, or you'd been denied being seen by them if they were dealing with emergency appointments and there was no-one else available for emergency appointments, then you'd have grounds to complain: on the basis that your care had been impacted. If the GP is able to present it as "care not impacted, in fact it was done to ensure quickest & best available care": you'd have to show harm (and not just the delay, which may have been present no matter what, and may even have been reduced by you seeing someone else if the original GP was running late due to dealing with an emergency). The receptionist mentioned an emergency, and it isn't surprising they won't give details of another patient. Do you have any grounds to suggest that not only has the original GP said "I won't see them" but that the receptionist has colluded by lying about there having been an emergency? If there was an emergency: you are on to a non-starter. If you are claiming there wasn't an emergency : not only are you going to have trouble proving it, but why would the receptionist risk their own career by colluding?.
  12. Gross oversimplification, since although (if a record goes onto PNC, it stays there for life), it may not go onto PNC in the first place, and even if it does, it may become 'spent' or 'filtered" for the purpose of employment checks..... A) Not all offences are "recordable", so some summary offences aren't recorded on PNC, but may be hold on "local records" only. Local records MIGHT show on an eDBS, but not a basic check. B) Are you talking only about the PNC, or about DBS / employer checks?. Even if a recordable offence, The Rehabilitation of Offenders (RofO) Legislation applies. Records become "spent" for employment purposes unless an exemption to RofO applies (like a post that attracts an enhanced DBS / e-DBS, or an overseas matter like a Visa application where I wouldn't advise relying on RofO). Take a look at regarding recordable vs non recordable, and http://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/ regarding 'filtering'
  13. The relevant case law is Browning v Floyd (1946) KB 597 (funnily enough, a husband using his wife's non-transferable ticket). The fact that a fare (her fare) was paid didn't mean that HIS fare was paid .... So, the risk is that you'll in effect be saying (since this was an annual Pass): "Dear TfL, I evaded my fare for months, using my wife's Student Annual Oyster. (It doesn't matter that I'd paid for her Oyster, as that was for HER fare, but I didn't pay MY fare). So, it is bad, but not as bad as Freedom Pass abuse, so you shouldn't take me to court." The fact that freedom pass abuse is "worse" doesn't equate to them having to offer an administrative settlement, and how are you going to get past any discrepancy between what you are saying, and the RPI's notes (given that you have said here you lied to the RPI). Additionally, Freedom Pass abuse might be on multiple occasions, but might be just the one event, and if they go looking, they might see your use was multiple times over months ... so the two aren't directly comparable. I suggest you tread warily. By all mean stress that the result of a conviction may be disproportionate for you, but I wouldn't try to suggest that because Freedom Pass abuse is worse they are obliged to offer you an administrative settlement. You also want to try (as far as possible, while being truthful) to not bring in anything that the RPI's notes contradict ... you don't have to own up to anything they aren't asking you about, but don't get caught in a (further) lie, either.
  14. It fits perfectly : they were so sleep deprived they forgot all the other times they’d used it!. What I’m not sure about is at what point ([for someone who clearly has been offending repeatedly!] having heard all the reasons for non-prosecution: loss of job, sole income for family, UK residence visa status, effect on visa for USA or Canada or [wherever]), the letter crosses from ”hey, that’s a reason not to prosecute” into “hey, with so many reasons why they shouldn’t risk fare dodging, yet they chose to anyway, why do they think they deserve more leniency” ? Don't over-egg the pudding.
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