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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
    I certainly wouldn't fill out any forms upon request by a solicitor acting for the 'respondent'. I think you should contact the court office to see what happened about the application to have judgement set aside. At the same time, tell them about the letter and the fact you are aware that the respondent as registered another company at the same address. It is obvious he has done this to avoid these proceedings and as such, you would like to know what the judge thinks.
  2. sailor sam
    Did you follow my previous advice? If so, what happened?
  3. sailor sam
    Not sure pics are required for a parking contravention. Doubt if an appeal would succeed on the basis of the poor quality of the pics alone. However, the general advice is to always appeal within the discounted period. I suggest you scan and post up the PCN (after obscuring any identifying info) so it can be checked for any possible fatalities. Also, what about the markings and signage... was it all compliant? 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.
  4. sailor sam
    From the position of your car in the image suggests that your intended route was not the right hand turn. Had you of intended to turn right, you would not of had to stop within the box as the right lane is actually empty. So if you rely on your version of events alone, I would say that an appeal would fail. However, as G&M has noticed (and I knew he would), the location given on the PCN is vague and as such, there are good grounds to appeal on that. 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.
  5. sailor sam
    Is that you emerging from the side road or are you the car directly stopped across the path of the vehicle emerging from the side 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.
  6. sailor sam
    That would depend on the wording of your "agreement". But you would still need to send him a reasonable written warning to cover your back. Obviously we can only give you advice which is within the law so no one should really be talking about "sending the heavies in". However, it it was me, I would go round and confront him myself... 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.
  7. sailor sam
    Some interesting comments, some sensible... some not so sensible. I fully agree with the one about the police tend to ignore cyclists committing obvious offences. It's clear that there are some cyclists who are reckless (just like there are drivers). But the reckless driver is more likely to get stopped and adequately punished than a cyclist is. This kind of proves the point; http://www.mirror.co.uk/news/uk-news/cyclist-pictured-riding-down-m1-2369567 The cyclist was not punished and you have to ask yourself "why not"? In instances like this, where a cyclist would continue to break the law if allowed to carry on, the bike should be seized just as a car is and the rider prosecuted just as a driver is. No if's or buts. And if the rider happens to be a child, then prosecute the parents. There are far too many kids riding around at night without lights these days. 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.
  8. sailor sam
    G&M is the expert when it comes to the actual PCN but I think he will want to see the actual scan of it. Can you scan it, obscure any personal info (VRM and your address details etc) and then post it up on 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.
  9. sailor sam
    Short answer is to your question is "no" i'm afraid. If you have the "agreement in writing", send him a default letter indicating that he has 7 working days to pay the outstanding balance as per the agreement. Indicate in the letter that you may make an application to the small claims court if he dosn't comply. When the time limit of that runs out, you would need then to send a 'final letter before action' (LBA) before you could make an application to the court which you can do here; https://www.moneyclaim.gov.uk/web/mcol/welcome Unfortunately there is no legal way to get this sorted before Christmas if he dosn't keep to the agreement.. 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.
  10. sailor sam
    Ere, no... not without seeing it. 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. sailor sam
    You don't just get one letter before the bailiff comes a-knocking. You get about 3 different notices (AFAIK) so it would be odd if you hadn't had any of them unless your address dosn't match the RK's as stated on your V5. But in any event, this isn't going to go away and you would be wasting your time trying to get the council involved at this stage. You need to contact the TEC; http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre to get the charge certificate (or warrant) suspended. This should 're-wind' the process back to the PCN stage. 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.
  12. sailor sam
    Hmm. IMHO the road prior to the junction is wide enough for you to manoeuvre into the straight ahead lane without getting stuck behind traffic intending to turn right. Further more the box junction is quite a way back from the traffic lights anyway so I can't see how traffic turning right could signifitantly impede traffic carrying straight on unless it was qued back into the box itself. If there was any traffic stationary in the box and it did prevent you from exiting, then it must of been encroaching into your lane. Had that been the case, your exit route was not clear. But that is just my opinion based on the street view images so I may not be interpreting you circumstances correctly. 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.
  13. sailor sam
    Unless there any yellow signs which support the zig-zag markings, it isn't actually an offence to stop on them. They would merely be advisory.
  14. sailor sam
    Sorry but i'm not following this bit; "I moved foreward ,I stopped for a short period as I couldn't move foreward, but I moved over and I then exited via the clear (at all times during this time) right turn lane , which is alongside the straight ahead lane , so my 'exit route' was clear all of the time" . What traffic caused you to stop "for a short period" and where did it come from? When you entered the box, was there any traffic immediately in front of you? 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.
  15. sailor sam
    Your opinion of the fine being "unjust" is irrelevant. Fixed penalty is currently £100. Maximum fine is £500. So you could challenge it by having your day in court and see if they will send you on a 'course'. That though, may cost almost the same as the penalty itself PLUS you run the risk of no being given that option and the process costing you more. I would check with a solicitor to see if there is any likelihood of a course being offered. It would of course be nice if we could all decide on our own penalties but unfortunately it doesn't work like that.
  16. sailor sam
    Yes if you entered the box when the exit you were intending to take was clear. 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.
  17. sailor sam
    That's the bit you aren't getting... you had "stopped" on a red route which is a "no stopping" contravention meaning that even a CEO would of issued you with a ticket simply by you getting out of the car. Because to do so, you would have to be "stopped" first. It's like pulling up and getting out on pedestrian zig zag markings... as soon as you open a door, the "offence" is 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.
  18. sailor sam
    So you need a course to be shown how to put a seat belt on??
  19. sailor sam
    Further to the above, i've just read the rest of the thread and noted the location/signage. CCTV enforcement signs aren't necessary. Are you going to say to the adjudicator (assuming that you take it that far), that you would of only obeyed the red route restriction if you had known there was a camera there? Personally I would pay the fine at the discounted rate as previously advised. Your further appeal will surely fail and cost you the full amount. 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. sailor sam
    Attachment isn't working. Can I ask what ground your appeal was based? Was the red route 'live' at the time you stopped? 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. sailor sam
    You have created another thread on this which will cause confusion. I'll ask the site team to merge them. 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. sailor sam
    Street view could be out of date so it will difficult to give you a definitive answer unless you have up to date pic which you can post. If the street is a pedestrian zone, it probably would not require advance signs as there should not be any traffic driving through there anyway. However, if normal traffic is permitted down there at certain times then yes, there should be advanced warning signs of an impending restriction before the junction (or in this case, traffic island) informing the driver of the restriction(s) to each exit after the island ahead plus showing the alternative route that the driver can take to escape the bus lane(s). If there is no such advanced signage, it is highly likely that any PCN issued could be appealed on the grounds of inadequate signage warning of the contravention. Do I take it that you have been issued with a PCN... if so, was it via CCTV enforcement? 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. sailor sam
    Not sure I entirely agree with the above. However, we need to consider what part the garage who did the cam belt plays in this. Has the OP contacted them? Also, isn't the OP entitled to at least have the opportunity to inspect the car himself? How do we know that the breakdown wasn't caused by the driver?
  24. sailor sam
    Can't quite believe that this thread is still rambling on. The OP's question has surely been answered and should be confirmed by an appeal (taking it all the way to the adjudicator if necessary).
  25. sailor sam
    Not so sure this is a good idea, not having anything on display to prove the legality of a vehicle being on the road. I think it will give an opportunity for more drivers not to bother to tax their cars which, in turn, means the possibility of them not being insured either. There are those among us who lie to see whether a car is taxed or not. If we can see that a disc is significantly out of date, it follows that the car is probably uninsured as well. This is useful to know if you are unlucky enough to be involved in an accident where you can visibly check for yourself if the other driver is driving legitimately. Without anything on the screen at all, this is going to be difficult.

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