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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Speeding in a Van over 2 Tonnes


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While most drivers are clear about what a motorway is, some are confused about the definition of a dual carriageway. For a road to be classed as a dual carriageway, the two directions of traffic flow must be physically separated by a central reservation. A road where the two directions of flow are separated only by lines painted on the road surface is a single carriageway, regardless of the number of traffic lanes that may be available to the traffic in each direction. So a road with three or four lanes is not a dual carriageway if there is no central reservation.:D

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I have never heard of or come across a 3 lane "dual" carriageway.

 

3 lanes in each direction.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I always thought that "dual" meant two and not three. You learn something new everyday.

 

Yes it does. In this context it means one carriageway going one way and a second going the other.

 

It's not a "duallaneway".

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I would like to point out that, although the speed limit for HGV`s on a motorway is 60MPH they are mechanically restricted to 90 KMH ( 56 MPH ) and I personally think all vehicles should be restricted but that’s another story.

 

Only vehicles built after a certain date (1988 ish was it?). I have fond memories of driving a Leyland Cruiser breakdown truck along a motorway overtaking all the lorries...

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Yes there is a cut off date but I think (don’t know for sure) that if it’s used for hire and reward then it must have a limiter fitted. If it’s purely a show vehicle then its not.

As I say I’m not 100 % sure but I will find out.

If my comments have been helpful please click my scales

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One thing I have never been 100% sure of -if a road has only one lane in each direction but is divided by a central reservation I assume that would be classed as a dual carriageway and increased speed limits apply?

 

Yes, unless lower limits are (properly) signed.

 

It is the existence of the central reservation that makes it a DC, not the number of lanes in the carriageway

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Only vehicles built after a certain date (1988 ish was it?). I have fond memories of driving a Leyland Cruiser breakdown truck along a motorway overtaking all the lorries...

 

Breakdown/recovery trucks are exempt all sorts of things.

 

Driver's hours; using outside lane of M-way; etc.

 

I think that they also don't need tachographs

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Breakdown/recovery trucks are exempt all sorts of things.

 

Driver's hours; using outside lane of M-way; etc.

 

I think that they also don't need tachographs

True until April this year, then only specialised breakdown vehicles operating within a 100Km radius of their base are exempt.

The drivers of breakdown vehicles have always been subject to UK domestic hour rules.

If my comments have been helpful please click my scales

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Yes there is a cut off date but I think (don’t know for sure) that if it’s used for hire and reward then it must have a limiter fitted. If it’s purely a show vehicle then its not.

 

As I say I’m not 100 % sure but I will find out.

 

Use is irrelevant, its the date the vehicle was constructed that dictates whether or it needs a limiter.

 

Show vehicle/private vehicle would still need a limiter and tachograph (calibrated) if it was dated for example 1990.

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At present Directive 92/6/EEC requires speed limiters to be fitted to:

  • all passenger carrying vehicles with a maximum mass exceeding 10 tonnes; and,
  • all goods carrying vehicles with a maximum mass exceeding 12 tonnes.

Limiters have to be set at 100kmh, and to restrict speed to 90kmh, respectively. The provisions are incorporated into regulations 36A(2) and 36B(2) of the Regulations, respectively.

Existing GB legislation goes wider than EC legislation and in practice requires speed limiters to be fitted additionally to:

  • all passenger carrying vehicles with a maximum mass exceeding 7.5 tonnes; and,
  • all goods carrying vehicles with a maximum mass exceeding 7.5 tonnes.

Limiters have to be set at 100kmh (113kmh in the case of vehicles first used prior to 1 January 1988), and to restrict speed to 60mph, respectively. The provisions are incorporated into regulations 36A(1) and (2), and 36B(1) of the Regulations, respectively.

When Directive 2002/85/EC is fully implemented - after all the relevant transitional provisions have expired - limiters will be required by EC law to be fitted to:

  • All passenger vehicles with more than eight passenger seats; and
  • All goods vehicles with a maximum mass exceeding 3.5 tonnes.

Limiters will have to be set at 100kmh, and to restrict speed to 90kmh, respectively.

The provisions of Directive 2002/85/EC apply to all 'in-scope' vehicles first used on or after 1 January 2005. However, provided they are used solely for national transport operations, passenger carrying vehicles with a mass not exceeding 5 tonnes, and goods carrying vehicles with a mass not exceeding 7.5 tonnes, will not have to be fitted with limiters until 1 January 2008.

Limiters will also have to be fitted to 'in-scope' diesel-engined vehicles first used between 1 October 2001 and 1 January 2005. These vehicles will need to be fitted retrospectively with limiters by 1 January 2006, unless they are used solely for national transport operations in which case they do not need to be fitted until 1 January 2007.

 

It seems that constuction date not longer matters.What does matter is the weight and if it is used for hire and reward.

 

A truck not used for hire or reward ( ie: show truck ) is not required to be fitted with a tachograph but does need a limiter.

If my comments have been helpful please click my scales

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