http://www.dailymail.co.uk/news/article-2541739/More-11-000-cyclists-caught-running-red-lights-riding-pavements-just-one-year.html

It won't do any harm in you writing down an explanation to which you can refer to in the interview. Important thing is to admit that you made the mistake and that you won't do it again. If you have no previous, than I would say there is a good chance they will treat you sympathetically.

Hi and welcome to CAG. No doubt the "pass" (which ever type it is) will clearly state in it's T & C's that it is not transferable. Also, ignorance of the rules is not normally a valid defence. Having cleared that up, you should simply write a grovelling letter pointing out that this is you one and only travel "offence". It is important that you admit the offence and now understand the rules and that you will never do it again. I'm sure that unless you have a previous history of doing something similar, that they will apply an official caution against prosecution.

I would be interested to know how this has panned out please?

I'm not sure you should say anything at all. Providing you get all your money back, how the car is recovered isn't really your concern. After all, he is a trader so he should be aware of the RTA in respect of recovering an un-roadworthy car.

With respect, you don't know that for sure as it wasn't tested in court. I repeat my opinions of how it was resolved in post #14.

Apart from the "we will not release unless he trailers it away" bit, yes. If you intend to charge storage fees, you have to give advanced warning anyway. All you need state is that he would be responsible as far as the RTA is concerned for the recovery of the car. As he is a trader, i' not sure that you could prevent him taking it using the argument of it being un-road worthy.

I know exactly where your coming from Mike and I have been trying to say the same thing. Problem is it seems to be going over some people's heads. Its quite simple really. When the seller was made aware of the defects by the "expert", he should of withdrawn it from a retail sale even if the OP wished to buy it. The seller is the one who is deemed qualified to decide whether a car he is selling is drive-able or not (meaning road legal), not the customer.

Good news Duksey (so far)! I did say earlier in the thread that you should win BUT also that the seller probably knows how to play the system so he can drag things out as long as he can. Seems he has done just that. I wonder what the judge thinks off the seller clearly flouting the law in respect of attempting to pose as a private seller? Personally I think that the seller will not pay in the given time. So on the 29th day, I would pass it to the sheriffs. Keep us posted!

This applies to faults which wouldn't render the car as un-roadworthy or unsafe. That is the key issue here. 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.

I'm not putting any "spin" on the story at all. I cannot see any exemptions in the legislation saying that you can sell car which is described as drive-able to a member of the public which is, in fact un-roadworthy. The fact that the OP had an "expert" with her is pretty irrelevant and dosn't mean that normal retail rules of selling a car retail, can be put to one side. Only exemptions I can think of is if selling for "spares or repair" in which case the car shouldn't be driven away and the sale should be clearly described as such. As far as I can tell, this wasn't the case here. If indeed it was, then that could be a completely different situation. 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.

I think you ought to read this George; http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf I think you will find that as Scaniaman points out, when selling to a normal retail customer, the trader is responsible to ensure it is fully road legal and roadworthy. 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.

Ok, let's put the definition of a dual carriageway to one side as that is irrelevant to your problem. The fact of the matter is that you were travelling at 56mph along a 30mph stretch of road. It matters not what type of road it was as it's fairly clear that the speed limit is 30mph because of the lack of signs saying otherwise and that there are street lights less than 200 yards apart. Ignorance of the law isn't normally accepted as a valid defence. 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.

Maybe if you had come here when you got pulled, you may of saved yourself all that hassle! 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.

But it sin't as there is only ONE lane available to normal traffic... how many more times? 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.

But there was a restriction in place... in the absence of any maximum speed limit signs (or any other), the speed limit on any road with street lights no less than 200 yards apart, is 30mph. As I pointed out previously, the road isn't a dual carriageway as there is only ONE carriageway available to normal traffic. The other carriageway is a bus lane which is "live" all the time. 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.

Clearly you haven't done a speed awareness course as you are totally incorrect. The maximum speed limit (70mph) only applies where there is signage saying so. (circular sign with white back ground with a diagonal black band through it). If those (or any other) signs are not present, then the speed limit is 30mph. The road in question is not by definition a dual carriageway as there is only a single lane in each direction available to normal traffic. The presence of the central reservation is irrelevant. 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.

As far as I can see, the speed limit is 30mph. Your argument about the police will no doubt get you no where. Unfortunately we all are governed by the same laws, police included. 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.

Assuming that you were travelling along the section from the traffic round-a-bout junction with the A62, the road has the appearance of a dual carriageway but in fact it is part bus lane thus meaning only one lane is available to normal traffic. Not 100% sure, but I think that could make it a single carriageway as the bus lane appears to be live at all times. In the absence of speed restriction signs, the speed limit would be 30mph providing that the street lights are no more than 200 yards apart. Section 82(1)(a) (of the Road Traffic Regulation Act 1984 (RTRA 1984)) defines a restricted road in England and Wales as a road which is provided with “a system of street lighting furnished by means of lamps placed not more than 200 yards apart”. Section 81 specifically makes it an offence for a person to drive a motor vehicle at a speed of more than 30 mph on a restricted road. 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.

The road appears to be quite long so can you be a bit more specific? Nearest road junction will help. 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.

Hmm. I am going to ignore the fact that you obviously have a bee in your bonnet and are possibly of the opinion that you are absolutely correct. Any advice given here will be based on the information you provide and our knowledge of the traffic laws. But I stress that ultimately you should seek professional face to face legal advice (if you haven't already done so). Clearly the matter is at an advanced stage so it is important that we first of all know the EXACT location of where the alleged offence was committed. 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.

Exactly steampowered. I was also thinking of stuff like gold, silver and other similar materials. Popeye claimed earlier in the thread that he could post a link to legislation which specifically excluded car sales. I invited him to post such a link but so far, he hasn't done so. He has simply attempted to turn the thread into a pathetic point scoring match which serves no assistance to the OP at all.

Can I just point out a couple of things: Firstly, I did not ask for any of your posts to be removed. What I did ask is why MY posts had been removed. You say; "I am as entitled to an opinion on this forum as any other user". The problem was that you were not just expressing an opinion, you were attempting to shoot down in flames everyone else'es contribution WITHOUT offering the OP any advice what-so-ever. You specifically stated that car sales are not subject to DSRs which is nonsense. Cars (used or otherwise) are not specifically excluded from DSRs. See here; http://www.out-law.com/en/topics/tmt--sourcing/e-commerce/the-uks-distance-selling-regulations/ It is true that certain goods affected by fluctuations in "financial markets" would not be subject to DSRs. But that dosn't necessarily apply to cars. In any event, the OP had only paid a deposit thus meaning that the sale had not been completed. I am not for one minute saying that the seller is not entitled to retain some of the deposit to cover his losses, but those losses should be proportionate and reasonable and the seller should be expected to justify them. Your biggest problem is the fact that I cannot recall you offering the OP any advice what-so-ever. Not even that he should seek face to face legal advice. You seem to simply maintain your position as pro-car trader and offer no support for the consumer at all. Sorry, I don't think this is what this site is all about. If you come here simply to defend car traders rather than offer constructed advice, then I am not sure what contribution you make to the forum. BTW, that's just my opinion.

Well it would be un-wise to commence proceedings without sending an LBA first which should be your next move.

Did you send the LBA?