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    • Hi All. My other halfs car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online.   She then cancelled her road tax at the end of March (i think) as she was paying by DD. Unfortunately, as we where travelling we missed all the post until last week. We recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i dug out the documents and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
    • you made it very confusing, though i doubt any of it was ever read by the delivery franchise for DPD. your saving grace might well be you didn't select your own address (though if you are all the same postcode..??) and neither mentioned a safe space other than another neighbour. but with the actual delivery address on the parcel, it appears the driver had a choice of 3 addresses, all under the same post code with differing house numbers. so chose the label one but left it on your doorstep. play it carefully and along with the photo and the retailers requirement you should be ok.   dx  
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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.

      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.
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      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
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full hgv morph into provisional


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I have today received a reply from them.

 

Dear Mr Wood

I refer to your recent query regarding your driving licence.

I have checked our records carefully but cannot confirm that you previously held full LGV entitlement. Before we can consider issuing you with that entitlement you will need to provide evidence of previously holding full LGV entitlement since 1st April 1986. Sufficient evidence would be, for example, a copy of a previous LGV licence or a letter from someone, preferably an employer, who can confirm seeing your most recent LGV licence, giving the class of vehicle that you were covered to drive and the dates shown on your most recent licence.

Any information that you can supply will be given urgent and sympathetic consideration.

Please note if your last licence expired before 1st April 1986, we would now be unable to renew it.

A pre-paid envelope is enclosed for your reply.

Yours sincerely

Michelle Small

 

 

 

 

problem is, I have been self employed for the last 4 years and my previous 3 employers have all gone bust!

any ideas, or am I stuffed on this one?

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"Before we can consider issuing you with that entitlement you will need to provide evidence of previously holding full LGV entitlement since 1st April 1986"

could this be construed as an admission that their information is not correct?

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It could be an admission that their methods of retaining data relating to test passes is not up to scratch, but it is also their usual tactic of putting the onus on you to prove you have passed the test. Given that the only proof that you get is the test pass certificate, which then has to be sent to DVLA, then that is pretty difficult.

 

That's why I would do a SAR under the Data Protection Act and find out exactly what information they hold on you. From the DVLA website:-

 

Release of information about yourself - Driver Register

Enquiries of the Driver Licence Record should be addressed to DCS (Data Subject Enquiries), D4, DVLA, Swansea SA6 7JL. You should give details of your address, driver number or full name and date of birth and reason for request. A fee of £5 is payable.

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I have just been in contact with them, and was told if I could get a letter from the employer I worked for 9 years ago, that would probably sort it.

she also confirmed when I mentioned that this wasnt an isolated case and happens all the time.

she said if I had a certificate I could send that in, what certificate that would be is beyond me, as I told her the test certificate was sent in years ago! she said she was just trying to help me, what a laugh!

funny really, they could accept a letter off a former employer, but I myself was until recently an employer, yet they cannot accept a letter off me.

s.a.r and more research I think.

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right sent off sar, and wrote to them again explaining the difficulties in providing what they have asked for, I have also stated that since this is their cock up that it is up to them to find evidence that I did not hold the categories, and gave them 7 days to come up with the evidence or reinstate the categories.

that was 7 days ago and guess what, no reply at all!

can I complain about the speed (or lack of) with which they handle complaints? or is that just going too far?

I have also written to a few choice mp's that are meant to oversee this department.

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another reply from michelle small today, basically the same rubbish I ve already had, telling me how she has investigated fully etc. but in the opening line she even spelt my name wrong!

 

I have mailed back asking for it to be escalated to a more senior member of staff.

i have asked by what right she call me a liar and that I am prepared to issue proceedings for defamation of character.

I have again mentioned the amount of other similar cases that have come to my attention, and asked why most should be drawn into an argument with a communist like department where you are guilty until proven innocent, while some just have there categories reinstated straight away.

 

still havent received sar.

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If these cats are on your old license, then they must have had proof ie certificate etc at the time, and are they now saying they made a mistake by having those cats on there?

 

They have made a boob either way, they had the cert and added it or they didn't have the cert and still added it.

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had a letter this morning, which basically says this is our final answer, we will not reinstate without evidence being provided, the dsa only hold records for 2 years, and that I should have informed them earlier.

what else can I do?

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had a letter this morning, which basically says this is our final answer, we will not reinstate without evidence being provided, the dsa only hold records for 2 years, and that I should have informed them earlier.

what else can I do?

 

 

Who gave you that response, is that as a result of going through the various stages of their complaints procedure?

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had sar back, no record of test on it!

at my wits end with this, I think I should just admit defeat, so I am looking for a loan now to pay to retake the test(s), 4 of them in all, think of all those test fees.

 

I just dont know what else I can do, as I dont think they are going to budge.

If anyone has any more ideas, please let me know.

 

thanks for all the help.

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