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pivn

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  1. The notice says "manned equipment" but I only saw a van when I came back that way, not an officer with a device. I have completed the form to confirm I was the driver, now I have the Offer of a Fixed Penalty... I assume I have the right at this stage to write to the police to ask for a review of the photos? Or can this only happen if it goes to court? I have Motor Legal Protection on my policy, but as it will be my word and no evidence against that of a police officer with evidence I don't see how I have a case. I was going to contest it on principle but that would just make things harder for myself.
  2. Road signs, then sat nav as it's in my field of vision more than the speedometer - my work takes me to different locations and I've just relocated so I use the sat nav for most journeys. They match closely, the difference between them is only noticable at higher speeds, at its most on the motorway doing 70mph, the speedometer tends to show a speed around 3-5mph less than the sat nav.
  3. I have been sent a fixed penalty notice to say I was travelling at 46mph on a 40mph road. I was really surprised when I received this and more so when I saw the date and road the offence is alleged to have taken place. Here goes: I had the sat nav on all day, was doing a 200 mile round trip and know for certain that I didn't exceed the limit. The reason I am sure I was not speeding is that at the time I was on the road in question there were a series of incidents that made it stick in my mind: I turned off the motorway and was tail-gated by a van for a couple of miles yet I refused to exceed the 40mph limit (and yes, I checked the road signs tallied with the sat nav and always do), the van eventually took a turning; after this I remembered a conversation with a friend from the day before who said it's impossible to stick to the limits on empty roads due to other drivers going fast and the natural tendency is to go faster without thinking - this was one of those roads, but I cruised just on/slightly below the speed limit as is my normal habit when driving; the road in question was close to where I had to pick someone up, on the way back I noticed the police van and thought back to the one occasion I was caught speeding, I was smug that since that incident I no longer exceed the limit so knew I would not be caught this time; finally I drive an old banger with a tiny engine and it's not worth my while to accelerate sharply, which is what I would have to have done in this case as the road is punctuated with roundabouts every so often. I am 100% certain I did not commit the offence. In 25 years of driving I have been caught once exceeding the limit - again by a police van doing 50mph in a section of road that dropped from 60 to 40 - the lights ahead were green and I should have slowed down more. I've always been a cautious driver though before I was caught did speed if I thought it was safe to do so. But I did the speed awareness course, fully accepted the lessons it taught and have been a bit of an advocate of it telling other motorists to drive more carefully. Also as a self-employed person on a low income I knew I could not afford to get a fine and points. So I am one of those drivers who tends to annoy the racers by sticking to the limits, driving at 28mph on 30mph roads and stubbornly refusing to drive over the speed limit, I've just moved from West London where I was often tail-gated and cut up by impatient drivers. Anyway that's the long story, had to get it off my chest. Looking at my situation - just my memory verses a penalty notice from the police, my only option to go to court to contest it - I can hardly see my case being taken seriously! Is there any other way to investigate the speed camera's calibration other than going to court? And for the future if I can find out a way of recording my speed on journeys would that be sufficient to contest a fine?
  4. Just posting to say this situation was happily resolved... despite the lack of help from the insurance company. My partner was told by the insurers that as there was no evidence to suggest the other motorist was in the wrong she would have to settle for a 50/50. My partner found out who the police officer was who was at the scene after the accident and contacted him. He wrote a letter detailing that the CCTV evidence from the bus travelling in the lane next to that my partner clearly shows the other motorist jumping a red light, the officer detailed how my partner was not liable in any way. I thought the reason we paid insurance companies was so they could carry out these investigations? It's also sickening that the other motorist told an outright lie to cover herself and put my partner through a very tough time.
  5. Thanks Darfyddi, really helpful information. At the moment my partner's solicitors have requested the police report and we're looking into what possible CCTV footage is available. I'll let you know the outcome.
  6. Cheers Ganymede - we've requested the police report so I think that will shed a lot of light on determining liability. The accident was reported by a bus driver in parallel lane to my partner and from what she said I'm sure there will be other witnesses too. In terms of injuries, my partner suffered superficial physical damages - bruising, headache, temporary neck ache, cut lip - and was examined by her doctor as a precaution just after the accident. Photographs were taken. It forced her to miss 3 days of work. Her depression was worsened since the incident, with all the stress dealing of dealing with events, and her medication has been increased - as this was a pre-existing condition I don't know if she can make a claim for this? I thought with all the phone calls, letters and hassle the insurers are giving her, a solicitor might be best to deal with getting the full compensation for her, but if it's only injury claims they deal with then so be it.
  7. No the insurance company did not bother to obtain copy of the accident report. We're in the process now of getting it from the police. I'm guessing that will also have the witness statements the insurers are claiming don't exist... I'm finding their conduct staggering. They've just sat on this case for 4 months and done nothing. They've also outright lied about there being a lack of evidence. Am I right in thinking that if this went to court it would be a civil case and therefore the judgement would be based on the balance of probabilities, rather than beyond all reasonable doubt? So the court would find in our favour if we have a police report, witness statements and given my partner was going through a green light on a straight road and was hit by a car doing a right turn? I'm thinking the best thing to do might be to go with a no-win-no-fee accident claim lawyer?
  8. Something similar happened to my partner. Ask them to provide photographic evidence before and after, this is to confirm that the car had not been previously damaged and they failed to notice this in previous inspections. Ask for the exact time the damage was noticed and evidence that the car was not damaged in the 3 hours between them taking the car from you and when they noticed the damage. Did you sign anything when you returned the car? If not ask for a copy of the inspection report. With my partner, we asked all of these questions and they dropped their claim very soon afterwards.
  9. Hi All My partner was involved in a road traffic accident in March 2013. It seems an obvious case where the other driver was at fault, yet the insurers have just decided that liability cannot be proved so have recommended a 50/50 settlement. These photos that show the approach to the junction where the accident happened: http://s511.photobucket.com/user/rk1974/library/Road%20Photographs pictures 1-3 show my partner's approach to the junction (heading north), picture 4 shows the other driver's approach (heading south). Here's what happended: My partner was driving on the road shown above, on the right hand (inside) lane, driving northbound. She noticed the light was green so proceeded throught the junction. In a split second she noticed another car pulling in front of her, but it was too late, the next thing she remembers is her head hitting the air bag. The other driver was coming from the other direction (southbound) and had made a right turn attempting to cut across two lanes of oncoming traffic. She hit the right-side of my partner's car at the front, the other driver suffered damage to the front of her car. The cars rested on the road and blocked the northbound traffic (in photos 1-3, on the left side of the road). Given the damage caused to both vehicles, where they ended up on the road and the laws of motion, this situation could only have been caused by the other driver driving into my partner's car. Now I thought in these cases the standard response was to find the other driver at fault since she caused the accident by driving into a flow of oncoming traffic? The police were called to the scene and the drivers were helped from their cars. My partner remembers a bus was in the left lane travelling in the same direction as she was when the accident happened. She was told by the police the bus driver reported the accident. My partner also remembers an off duty police officer arrived at the scene immediately and checked her condition. The police later contacted my partner to say the other driver was given a formal warning about her driving. The other driver claimed she was not liable and claimed she was stationary when the accident happened. We thought this was laughable and simply a standard case of not admitting liability until all the facts were evident. If you look at photo 4: http://s511.photobucket.com/user/rk1974/media/Road%20Photographs/road4_reverse_zpsb820d3a9.png.html?sort=4&o=3 the other driver could not have been stationary. To be in a safe position she would have to be in the right lane on her side of the road waiting for the filter light to turn green. Even if she had pulled out ready to turn you can see that there is plenty of space just left of the box junction for her to have been in a safe position that does not obstruct the oncoming traffic. Given the positions the cars rested in, if she was actually stationary her car would have to be positioned sideways (she would have had to been static in the box junction with cars oncoming!) and my partner would have had to swerved left then back to the right to cause the damage to the cars! The insurance companies have determined as the police warned rather than prosecuted the other driver liability is not certain. My partner was asked by the police what course of action she recommended. As she thought the other driver would suffer enough financially if she was found liable, she recommended a warning. If my partner recommended a prosecution would this have influenced the police's decision? The insurance company are also claiming there were no witnesses. This is something we will investigate further by contacting the police for copies of statements and Transport for London for the bus driver's testimony. CCTV cameras were also not in use at the time of the accident. Can we also request a detailed breakdown of the other driver's counter-claim as what we have been told so far seems frivolous? And a full breakdown of how the insurers reached their decision (Data Protection Act - Subject Access Request)? My partner's insurance company wrote to her to say that liability cannot be determined. It could be in court, but they recommend against that. So they've decided it's a 50/50. Thanks if you've taken the time to read all of this, any help in this matter would be greatly appreciated. Cheers, P.
  10. I opened a saver account with Scottish Widows and was asked to send a current account statement as proof of the account which direct debits will be called from. This I did. I just got a letter from another SW customer who was sent my statement and he kindly returned it. Apart from closing my SW account, as I am not confident of their ability to securely hold my private information, should I take any further action? ie report to ombudsman, etc? I'm not looking to make any gain, just to report this in case such carelessness is endemic. Cheers
  11. Thanks for the replies. To solent68: I haven't examined the complaints procedures, that's something that I'll look into. I contacted the Office of the Independent Adjudicator at the outset but they can only assist with degree courses. My greatest concern was that I was not going to pass by April/May. If I did not enrol at another centre quickly I faced the prospect of waiting until the winter to resume studies, this was simply not an option as I had made a number of very big plans for 2008/09. I could not afford to wait around for this issue to be resolved by the university. When I complained to the course leader he agreed with everything I said over the phone and informed me the entire class had complained. Unfortunately I have no written evidence, I contacted the rest of the group by email but only one person replied, whose details I have retained. I wonder if an inaccurate email list was another symptom of the disorganisation? I did communicate with another student for a period until I realised he wasn't even on my course! I wrote to the university finance department in March upon my withdrawal. I contacted them later (April) to check they had the letter, they claimed not so I emailed it. In the email replies I have received I have been told (twice) that my request has been passed on to the finance manager, who needs to authorise it - emails have been retained. As far as I know the rest of the class remained with the tutor. I received an email from the course leader on 28 March to state that the tutor had subsequently been replaced - indicating further disruption. The thing with CIMA classes is that the exams are taken at the student's choosing at any designated centre and no feedback to the university occurs. Westminster does not have CIMA Quality Partner status so can teach the modules without the standards that apply to other colleges. My thinking was that if I put in a claim of £195 via MCOL I would not be liable for court costs as it's less than £5000?
  12. Hi I started a course at Westminster University (WU) - not a degree but an accounting course (CIMA) leading to a professional qualification. I took 4 modules at WU without any problems. However the 5th module that I studied was badly run, the tutor was very poor and disorganised culminating in the entire class complaining to the course leader. I left after 4 lessons with this tutor, enrolled at another institute, passed the course and got my qualification. As the course only runs at certain times of the year I was eager to pass in April/May. I have written to WU to complain but keep being told that it is being dealt with. As I first wrote to them in March I am eager to get my refund. Anyone know if I would be successful at the Small Claims Court? The amount I'll be claiming is £195.
  13. pivn

    hsbc help

    Righto, cheers for that couldn't find the 2nd link you posted when I was browsing yesterday. So we just carry on as normal? I've just started my 3rd and 4th claims for £150 (HSBC - again! Charges were imposed days after they settled a £2400 claim!!!) and £155 (Abbey) so I was hoping to avoid all the court malarky...
  14. Hi there, sorry if this has already been posted, I trawled through the threads but couldn't find the information I wanted. I've reclaimed charges from HSBC (on behalf of my girlfriend, court action filed) and Co-op in the past. HSBC refunded the charges of £2500 and then charged my gf £150 again for an unauthorised overdraft! - In my case I was recently charged £150 by Abbey. I haven't been following the latest developments but sent off my letters (preliminary requests for refunds) a week ago and both of us got replies stating that due to the OFT case we cannot pursue the banks to the courts to reclaim our money, any legal action will be refered to this case, have to await the outcome, etc. What I have read on the sticky thread suggests that I should continue with my claim? Is the above merely another delaying tactic by the banks or should I continue as before and threaten court action - I'm hoping as it's only £150 in both cases I won't have to go through the court malarky again...
  15. Thanks Lateralus. They've offered £2332.19, which is almost the full amount. Charges = £1743 interest = about £460 (the exact figure is on my work PC) court fees/AQ charge = £220 Total (about) = £2423, so only £70 odd short, but if I've gone this far I might as well get the rest. I'll send the following letter (with the schedule of charges, etc) and hold out for the full amount (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html): Dear [named sender or Sirs] Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of £xxxx.xx as settlement of my claim. My claim is for £XXXX.XX as outlined in my Particulars of Claim, plus court costs of £XXX.XX, and this claim will continue until payment is made in full. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled. I trust this clarifies my position.
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