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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hubby done for speeding 6MPH over limit


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My husband has just got a letter saying he is going to be prosecuted for speeding. He was 6MPH over limit,allegedly, he says he was not so we are going to fight this on a matter of principle. Thanks to CAG I am not afraid of courts now but would like some honest advice.He had been driving for 41 years and has always had a clean licence. He said that he saw the mobile speed camera which clocked him. If you think we will be wasting our time please be honest and say so. regards Hils

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There's also a site called something like 'pepipoo.com' or co.uk - not sure - that specialises in speeding/parking fines.

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Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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No friendly mod, so you'll have to make do with me! :lol: Thread moved to the traffic forum.

 

The site Dave refers to is PePiPoo: Helping the motorist to get justice, Hilary and they have a wizard you fill in with the details and based on your answer, it gives you the best way to proceed. Good forum to use. ;-)

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Guest interesting

Bookworm and/or other mods.

This is a forum about Parking Tickets/Traffic Wardens, why is this message still in here and even more to the point, why after seeing it havent you moved it to somewhere more appropiate ? (surely the website, if you have moved it will remove the message thread as well !!)

Surely as Mods, you understand the role and/or get the website doing what it should.

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Since at the moment, we haven't a forum for traffic itself, this is the closest relevant one, which is why I have moved it in here from where it was (in the Bear Garden). If in the future, the forum owners decide to create a traffic section, then I will move this type of thread in it. Thank you for your concern.

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Since at the moment, we haven't a forum for traffic itself, this is the closest relevant one, which is why I have moved it in here from where it was (in the Bear Garden). If in the future, the forum owners decide to create a traffic section, then I will move this type of thread in it. Thank you for your concern.

 

I think you have competition for your job as moderator!

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Stopped for Speeding

 

An French priest is driving to Paris and gets stopped for speeding in Lyon.

The gendarme smells alcohol on the priest's breath and then sees an empty wine bottle on the floor of the car.

 

He says,"Sir, have you been drinking?"

 

"Just water," says the priest.

 

The gendarme says, "Then why do I smell wine?"

 

The priest looks at the bottle and says, "Good Lord! He's done it again!"

 

Apologies to the OP

...Just couldn't resist the co-incidence to previous Posts in the Thread!...lol...:D

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Oh, gods, but then I have to nitpick because private tickets aren't offences as they're not criminal, and some Councils operate under decriminalised schemes...sorry Auntie Bookie... :o

 

PS - why does 'interesting' even care?? :D

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Click the scales if I've been useful! :)

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Rivetting though this debate is, it doesn't anawer the OP's original question.

 

Speeding is an absolute offence; there is no leeway - you are breaking the law at 1 mph over the posted limit. To be 'clocked' at 36 mph, I would suspect that the car's speedometer was reading welll above the limit.

 

Police guidelines are not to prosecute for speeds below Limit+10%+2 mph (ie 35 in a 30; 46 in a 40, etc.). However, they are only guidelines.

 

Bookie's first post on the thread supplies the best advice: go over to Pepipoo and ask the experts there. I would hazard that most speeding cases are won on an official screw-up in procedure rather than actual measurement.

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  • 2 weeks later...

Well it has taken me ages to find this thread! I thought it had been deleted, thank you all for your advice, We bought a rahter nice Jag at the begining of the year and after all the abuse we have had and now this I dont think it is worth having something "different" Life was a lot more simple when we had a beat up old car. I am not sure what we are going to do, hubby now thinks he ought to take it on the chin and just pay up.

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Hi HilaryF.. you may find this link interesting:

 

BBC Inside Out - Mobile speed cameras

 

People it seems are starting to question the accuracy of mobile (and fixed) cameras. I watched the bbc program on this and it made a lot of sense.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

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