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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

sailor sam

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Everything posted by sailor sam

  1. sailor sam
    Pardon the pun but I'm not sure that there is much mileage in your complaint. As long as the car is fitted with the appropriate tyres and the tyres are in a fully road legal condition, I doubt you have any come back. Remember It's a used car even though it only has 2.5k on the clock and as such, does not benefit from the same protection under the SOGA that a brand new one has. My advice would be to check the ratings of the tyres and that they match those as stated in the manufacturer's specifications. IF they don't, then you MAY have a case. But I think not if only going on the fact they are budget tyres.
  2. sailor sam
    First off, they don't trace you from your driving licence via a speed camera... it's the VRM which identifies the RK of the vehicle. So I am assuming that it was your V5C you didn't update "for a few weeks". Secondly AFAIK, it is the RK's responsibility to identify the driver and not the police's. If you want to plead not guilty to the failing to identify the driver charge then I think you will have to attend.
  3. sailor sam
    Lets be realistic here... they won't fix it if the engine is "done". If it were me, I would be expecting a replacement engine and that cost would exceed the price of the car. There is no legal obligation for a dealer to provide a warranty. However, the SOGA will apply and states that it is for the seller to prove that the car had no inherent faults which lead to the failure at the point of sale. That stipulation continues for up to 6 months from the date of purchase. Yes, the OP should give the seller reasonable opportunity to inspect and rectify but I doubt that will resolve this. After that process has been exhausted, the OP should formally reject the car and ask for a full refund.
  4. sailor sam
    I stand by my comments in post #8 on this. I think someone needs to appeal and take it all the way to an independent adjudicator to 'test' the legalities of the signage.
  5. sailor sam
    Can you expand on the high-lighted bit? So if your oyster wasn't 'registered', what happens when you swipe it? Does it 'pay' for the journey taken or not?
  6. sailor sam
    No. Cars get onto pavements by sub-standard driving. But even in those circumstances, you rarely see cars being driven at length along pavements like cyclists do. Well, not in my country anyway.
  7. sailor sam
    Lol! Clearly I must do!
  8. sailor sam
    The police won't be interested providing that you exchanged details (names and addresses) and the incident wasn't the result of a traffic offence. The latter would need someone to make a formal statement accusing you of such. As I see it you have a couple of options. You could call his bluff by saying that you have made what you believe to be a reasonable offer and if he isn't prepared to accept this, you invite him to take you to the small claims court. Obviously your pictures of the state of the fence will assist the judge in deciding what level (if any) of repair you should pay for. Or you could source a local fencing contractor and ask him to do an estimate to repair the section of fencing which you damaged. He would be able to assess the general state of the fence and include an 'opinion' of this in his written estimate. Make sure he is aware that his attention is limited to only the damaged section. Your pictures may be good enough for him to assess it without actually visiting the site. Your legal obligation is to put the owner back into the position he was in before the incident, nothing more, nothing less.
  9. sailor sam
    So what are you trying to prove by driving in the middle lane at 70? Are you trying to 'police' the speed limit? If so, why not go the whole hog by sitting in the third (or outside) lane and stick to 70?
  10. sailor sam
    Only way of challenging an FPN is by going to court.
  11. sailor sam
    Too right because your claim is ridiculous without proof. Your are saying that the majority of drivers "do things wrong". And apart from speeding once in a while, I seriously disagree but if you have the stats to back up your comment then feel free to prove me wrong. Also, if we are going to compare the two modes of transport, then it maybe a good idea to stick to offences that both are able to commit so the comparison is on an equal footing. For example, you mention motorists "hogging the middle lane". And although that is one of my top hates, you cannot use that particular example against a cyclist because they can't realistically commit the same offence. Stick to offences like jumping red lights, riding at night without lights, one way street offences and riding through pedestrian areas when prohibited. "Most drivers" do not commit these offences as you seem to be claiming.
  12. sailor sam
    AFAIK legally you only have to provide your name and address to anyone with reasonable grounds to ask for it.
  13. sailor sam
    Without some for of evidence, nothing you can do.
  14. sailor sam
    If it was me I would offer to pay for the damage I caused. If the TP isn't happy with that, I would invite them to take me to court. BUT I would make sure I have as many pictures of the fence as possible to use as evidence to defend the claim.
  15. sailor sam
    Not sure this is appropriate without some information backing up your 'warning'.
  16. sailor sam
    Really? Have you any stats to back this up? I see more cyclists flouting the law on a regular basis than I do motorists. Yes, there are those motorists that break the speed limit and your'e probably quite right, most will break that one particular law at some point. BUT, I doubt that there are that many (when compared to cyclists) who jump red lights, travel the wrong way down one-way streets, ride along pavements and pedestrian areas where signs say it is prohibited.... etc etc. I was recently almost hit from behind in Regent Street, Gt Yarmouth (which is pedestrianized) by a cyclist, despite there being 'cycling prohibited' signs along there.
  17. sailor sam
    Hang on... lets hear the response to MaisyMouse's question first. It could make all the difference.
  18. sailor sam
    Ok well that makes the situation more clear. No doubt CAB told you of your options which include rejection. As for the police involvement, it goes without saying that while the car is with the seller, it is his responsibility so i'm still not sure why you have felt it necessary to inform the police. I would be surprised if they will be interested unless you have proof of criminal intent.
  19. sailor sam
    Just simply do what the OP has been advised to do.
  20. sailor sam
    Going on your information, this seems to have escalated into an un-necessary situation quite quickly. For a start, I don't understand why you have involved the police? Perhaps you can clarify what you have asked them to investigate. As I see it, the process should of been quite straight forward. According to the SOGA, the seller has the right to inspect and rectify in the first instance. He should be given reasonable opportunity to do so. If he refuses, you then create a trail of evidence by writing to him at least twice before formally informing him of legal action which is done by the civil court process using the SOGA. Your account seems to suggest that you have not allowed that process to be exhausted and as such, any claim at the moment will surely be easily defended. My advice would be to re-wind to formally writing to the seller asking him to rectify the inherent fault and the damage to the passenger door at no expence to yourself within 7 days and take it from there. If he refuses, you can then write to him again informing him that you will get the car repaired and then pursue him for the cost. The alternative is to reject the car and ask for a full refund.
  21. sailor sam
    Here is another option. http://thesheriffsoffice.com/?gclid=CKf21KePrboCFRIPtAodNAoA8w
  22. sailor sam
    If you wern't aware that your son had taken it, you tick stolen, surely?
  23. sailor sam
    A disclaimer sign does not remove the OP's statutory rights. Providing the OP followed the instructions provided by the operator and that the car was suitable to take through the car wash, then the operator is liable. As previously stated, the contract is with the site operator or franchisee and the OP should write a formal letter of complaint clearly stating what the OP requires as settlement giving the franchisee 7 days to respond. If the OP has already done this, then a LBA (letter before action) should be sent. I would advise that when sending the LBA to suggest that a copy is forwarded to the franchisee's insurers. The LBA should be sent by recorded delivery.
  24. sailor sam
    Well according to TS (your post #24), he can't do that. Go back to them to see what they say.
  25. sailor sam
    Will do!

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