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sailor sam

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Everything posted by sailor sam

  1. Not at all, I couldn't give a toss personally. BUT if it had happened to me exactly as the OP describes (although I wouldn't be parked in a loading bay in the first place) and I had it 'captured', I would be taking it further. The fact it was a female would be irrelevant.
  2. Really? Are you a member of the Royal Family or something? Even BB holders cannot park in loading bays so do enlighten us.
  3. Yes, I would agree but i'm concerned about the alleged assault. Assuming the OPs version of events is correct, I would certainly take it further. Discretion yes, but pushing someone is surely not allowed?
  4. Did he not suggest that they call the insurer and check verbally?
  5. Well you should NOT of paid a contribution to the original fault in the first place UNLESS they were intending on putting a brand new (or newer engine with less miles) in. So at the very least, you should ask for that money back. As for the current problem, you are now out of the 6 months where the seller has to prove that the defect wasn't present at the point of sale (as per Sales of Goods Act 1979 as amended). However, if you can show that the replacement engine was faulty or poorly fitted (causing the oil leak) then the seller would be responsible. I'm assuming that the replacement engine would come with some kind of warranty. My advice is to report the matter to the seller at the earliest opportunity and tell them what the Renault garage has said. Ask them for their intentions and also inform them that you now realise that you were not liable to contribute £1000 towards the replacement engine unless it was regarded as betterment (meaning that they were in fact making the car better than it was before by fitting either a brand new or newer component). Please come back and tell us how it develops.
  6. There are a couple of issues here. Firstly loading bays (depending on the signage) are just that; for loading/un-loading and not to carry out work at a property. The LA issue permits for that kind of thing. So in fact both vans should of been ticketed. But I'm more concerned with your claim that the CEO 'pushed' you. That in fact constitutes assault and you should either report the incident to the police with your 'recorded' evidence or personally visit the LA offices to speak to the relevant manager and invite him/her to cancel the ticket following the awful behaviour of the CEO. Make sure that they understand that as far as you are concerned, you were assaulted and you may consider taking things further. Based on your account, I certainly would NOT pay OR appeal.
  7. Bent drive shaft AND buckled wheel?? Obviously impact damage (as Oddjob says probably kerbing). Not sure why you would of felt this through the pedals though, I would of thought you would of detected it through the steering and felt a vibration through the car at speed. Has someone else driven the car without you being in it since you had it perhaps?
  8. The police will of seized the car under sec 165 of the RTA and by the sounds of it, carried out their obligations under said act to exhaust their inquiries to ascertain the insurance status of the vehicle and driver. The matter therefore is now between your brother-in-law and his insurers. If the insurers are at fault, then they should cover the losses. I assume that they are aware of the plight they have put your brother-in-law in? The police will not release the car until an insurance certificate covering the driver who collects the car is provided and the required charges are paid. If it were me (and assuming your account is correct), I would be banging on the door of the insurance co first thing tomorrow morning.
  9. I think they have had more than reasonable opportunity to rectify this. I think you should now consider taking advice from trading standards via CAB due to the time scale. I would like to think that you could formally reject the car and ask for a full refund plus any consequential losses. But as I say, i'm not sure on the legal position due to the time scale involved.
  10. Lol, loved the way you jumped the que! Mind you, the cars behind had an opportunity to use the pump so hey ho. But seriously I watched it closely 3 times and I couldn't detect your car 'moving' as if it had been struck. Also, you did not seem to react in a way I would of expected had you had felt an impact while fueling. So to me, not blatantly obvious at all so i can't be a 'reasonable person' then. If however it happened as you described then I would agree with Ericsbrother's advice and take the matter to court. But send an LBA direct to the third party warning him of your intentions. Suggest he sends a copy to his insurers as well. Also. you could of informed the police as the other driver failed to stop after an accident. RTA would apply to a petrol station as it has un-restricted public access. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  11. Well so far the seller seems to have fulfilled his obligation to you and is agreeing to rectify the outstanding issue on receipt of a new part plus offered you sensible advice. However, I think I would of asked for the advisories to be put right prior to purchase. I'm not sure that the seller would be obliged to accept a formal rejection at this stage. He should have reasonable opportunity to inspect and rectify in the first instance. I suppose he could of advised you about the fuel gauge being 'suspect' but then again, he may not of known himself. Obviously it's your prerogative to have the car inspected (which you could of done pre-purchase), but I don't see any point in writing to the seller with ultimatums at this stage. Your statutory rights will still be intact if any further inherent faults come to light. Providing they allow you to keep your old car while waiting for the repair to be carried out, I don't see a problem so far.
  12. If i'm brutality honest, I think it's a bad place to park in the first place. It maybe the case (as in many other red routes) that there could be CCTV enforcement by the LA. BUT we still need to establish whether or not the area is in fact a public or private road. If public the Council will confirm whether the red route is official or not and if it is, the PPC have no lawful authority to issue parking charge notices as the OP confirms they are not acting for the council. If it is not, then the OP simply appeals to POPLA unless there is no reference to POPLA on the notice. In which case the notice is invalid anyway.
  13. But that is not what the ticket was issued for. Although if it were me, I wouldn't of parked there anyway due to the box junction markings. After all, you are basically parking on a round-a-bout.
  14. I think the big red signs refer to the bus station access. I'm concerned that the turning circle (the area we are talking about) MAY be part of a public road. The red route signs etc seem to be 'official'. The rest of the area may well be private so I would stick to my previous advice and check with Birmingham Council for any red routes in the area. If they confirm that it is a real red route then next question is to ask if the PPC are acting on their behalf. I would of thought that their charge notice would reflect this.
  15. My thinking is that its is pretty obvious you shouldn't stop there. I'm not sure whether it is a private road or not. The 'red route' signs look proper ones to me. If it turns out to be a public road then the 'parking charge notice' would need to bear some evidence that the PPC were acting on behalf of the LA I would of thought. But as you say, you could appeal on the basis that the lines were in poor condition. Having said the above, if the PPC arn't acting on behalf of the LA and it IS public road, then they have no legal authority to 'enforce' their speculative invoice anyway. If the road IS private, the charge notice should give details on how to appeal to POPLA. If it dosn't then it isn't valid anyway and can safely be ignored. My advice would be to find out if the road is subject to a red route with the LA (Birmingham City Council I assume). If yes, then check to see if the PPC acts on their behalf. If not, check the notice to see if it mentions POPLA. If not, then ignore it.
  16. Was it here? https://maps.google.co.uk/maps?q=One+Stop+Shopping+Centre+in+Perry+Barr,+Birmingham.&hl=en&ll=52.516717,-1.902394&spn=0.008944,0.022724&sll=53.800651,-4.064941&sspn=8.895518,23.269043&t=m&z=16&layer=c&cbll=52.516684,-1.902624&panoid=_E5jKtKSdxn-wTV0P3fqSw&cbp=12,32.68,,0,5.85
  17. Are you sure? Minimum tariff is 12 month ban but if offered the rehab course it reduces it down to 9 (on completion). I have never heard of an 8 month ban for D&D. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  18. Hi and welcome to CAG. Having worked in the rental industry, I can't offer you much good news. I assume that your licence is restricted to driving an automatic and ultimately thats what they provided. I think you will find that their t & c's will state that they can substitute your requested car for another if your first choice is not available. It also appears that they gave you a significantly higher 'group' spec car for no extra cost, something most customers would be more than happy with. I don't think you can use the 'inappropriate size' of the car as an argument to get any refund. HOWEVER they can only charge you what ever the agreed excess is as stated on the rental agreement. AFAIK the excess is normally around £600 which can be reduced by taking out CDW (damage waiver) which you apparently didn't. My advice is to check your agreement to see what the excess is. I would be surprised if it was as much as £2000. Even if the excess is that much, they should still provide you with a break down of the repair cost. Please let us know what the excess is. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  19. SIGH! I struggle to understand why people will travel hundreds of miles to buy a used car. When things go wrong, you have got to get the car back to the seller in most cases! First thing I would do is try and establish 100% whether in fact the seller is indeed private. If it turns out that he/she is a trader, then the situation will change dramatically. As it stands, you have to prove that the seller deliberately or knowingly falsely advertised or described the car. Otherwise SOGA will not apply. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  20. I'm all for tackling middle lane hoggers who tootle along under the speed limit. After all, they reduce a 3 lane motorway down to a two lane one. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  21. If you are still within the discounted period I would deffo appeal using the lines I suggested in my previous post. You could point out that you personally were not gaining any advantage by using the bus lane... but your passenger may of done (just as he/she would had they been in a 'taxi'). If it is rejected then you need to decide whether to take it to the adjudicator or take the hit. I would be inclined to have a word with your base operator (assuming you rent your car from a company) to see what they think. I'm sure they would rather see some clarification on this as well. Maybe the only way is for someone to take it all the way, but i'm not going to advise you to do that as it's not my money! Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  22. That is correct. But as I said, there are a few grey areas to how the vehicle is being used to whether it is strictly a 'bus'. For example, the national concessionary free travel scheme for the over 60's entitles pass holders to have free off peak travel on any stage carriage service. That of course could be operated by a coach. BUT the scheme does not extend to buses being used on tourist services (such as open top tours) which would be operated by a bus. Point is it depends how the vehicle is being defined and it appears that this can vary from area to area. As I said, in Wolverhampton PHVs (mini-cabs) could use bus lanes only when carrying a fare even though the signs stated 'except taxis' or had 'taxi' included on the bus/cycle symbol. But it dosn't necessarily follow that all towns/cities will have the same arrangements/exceptions. Personally I think there should be a UK set rule as there is no way knowing (unless you research before hand) what rules apply to where. There is also the possibility the camera operator did not identify your vehicle as being licensed PH. Do you have a roof sign for example? Or is your rear mounted 'plate' obviously visible? While I agree with G & M in saying that a PHV is not technically a taxi, I think you should appeal on the basis of the differing exemptions between your 'home' town and that of Leeds. Simply state that you assumed that the rules would be the same being as though you were in fact within the same county and grovel a bit. It should be noted though, that ignorance of the law is not normally a valid defense. But sometimes common sense has to come into it. After all, you are providing a service to the public in the same way that a taxi does. Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
  23. The title of the thread says "double yellow lines". This is a no waiting restriction that has boarding and alighting exemptions, can the OP clarify that he/she was on DYLs and to what signage there was (in addition to my previous post).
  24. If it's from a private company who are not acting on behalf of a by law or lawful authority (such as the police) then you should be able to appeal via POPLA. There should be information on the ticket. It maybe an idea for you to scan (both sides) the ticket and post it on here so we can see it. Please obscure any personal info such as your VRM.
  25. TS should investigate this anyway. It is illegal for a trader to pose as a private seller. With the extra info you have provided, you should walk this in court. But be warned, if he is a rogue, he will know how to play the system so you may be faced with a long drawn out case. Ultimately when you get your judgement and he still won't pay, you can apply to the high court these days and have the sheriffs collect for you. Cost is £60 I believe but you have to go through the system first. P.S. DON'T FORGET TO CLAIM THE INTEREST! Please Note The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only. I would always urge to seek face to face professional advice for clarification prior to taking any action. Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.
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