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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
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      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.
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Welcome finance CAR HAS BEEN CLAMPED .. now claim form from IND


zaidey
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Zaidey

 

Ive Been Down This Road Before And The Cagger Was Awarded 8 Grand From Welcome

 

Celebrate

 

Its Not Often We Have An Easy Victory Over Welcome

 

lol i love you lot....

 

so my understanding is... i get to keep the car and get to sue for all monies i have paid for the car....or is one or other if you catch my drift????

 

im smiling love god love welcome hey,,, happy days:)

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91 Consequences of breach of s 90

If goods are recovered by the creditor in contravention of section 90—

(a) the regulated agreement, if not previously terminated, shall terminate, and

(b) the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

now that is interesting,

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(a) the regulated agreement, if not previously terminated, shall terminate,

"this bit is even more interesting".

correct me if im wrong,

even if previously terminated is it still game, set, and match.

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im still trying to find definate proof that clamping is total repocession as welcome would probably say we only clamped your car and didnt remove it???

 

the notice left on my car tho clarly states that the agents are repocession agents etc so this would mean a repocession has taken place......

 

hmmm got me thinking tho i should check with the sia if the p@a recievables are registered as clamping agents as they have to be by law.....???

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By Employing The Repo Agents, Its On The Document They Gave You, And By Clamping The Car, Denying You The Use Of It, They Have In Effect Terminated It

The Notice Did State Repo, Just Because They Clamped It First Makes No Difference

The Fact That They Did Is Good Enough

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By Employing The Repo Agents, Its On The Document They Gave You, And By Clamping The Car, Denying You The Use Of It, They Have In Effect Terminated It

The Notice Did State Repo, Just Because They Clamped It First Makes No Difference

The Fact That They Did Is Good Enough

 

 

:D

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Ime Surprised You Are The Only One To Have This Problem.

I Realised With The State Of Cattles That Welcome Would Be Going For Repo And Auction Asap Because Of The Cash Prob

 

They Need To Find Cag Quicker Me Thinks

 

No Doubt Meny More Out There To Help And Believe Me

 

Its Very Much My Pleasure Where Welcome Are Concerned

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the guy who clamped my car must be registered with the sia for clamping purpose his name is brendan fisher can you find him on this link

 

Register of Licence Holders - Security Industry Authority

 

also on the repo form it clearly states certified bailiff preston courts etc...this is also subject to a register (link below)

 

Certificated Bailiff

 

guess what nothing found

 

hmmm welcome sending unregistered illegal clampers claiming they a certified bailiff ouch!!!!!!!

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the guy who clamped my car must be registered with the sia for clamping purpose his name is brendan fisher can you find him on this link nope

 

Register of Licence Holders - Security Industry Authority

 

they all give you that impression but there usually not.make the complaint it only puts another tick in your box for future reference.

also on the repo form it clearly states certified bailiff preston courts etc...this is also subject to a register (link below)

 

Certificated Bailiff

 

guess what nothing found.

certicated baliffs and court baliffs are worlds apart

 

hmmm welcome sending unregistered illegal clampers claiming they a certified bailiff ouch!!!!!!! agree

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An update ...

 

sent my letter to complaince to deal with and today i had a response from them....

 

in the letter they have forwarded my complaint to my local collection office (great?????) who i have been speaking with for about 9 months including about 5 other local offices...who seem to know nothing and all they want is money and dont know about whats happening etc....

 

so im back to square 1 again....

 

the last time i spoke to my local collection office the women argued with me because i wasnt paying...she explained to me that im an idoit because she paid her car hp and i shouldnt be allowed to get away with paying mine...(nice isnt she)...this si the same women who the complaince letter has been sent to and she is now dealing with my case......:???:

 

so anyways i now contact the fos and explained whats happened??

 

and thoughts?????

 

Just to add my vindictive tuppence worth

 

You REALLy want to know if the muppet you spoke to in your local collections arranged this repossesion ;)....and you need a copy of the notice

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Here are P + A REceivables.....note the complete LACK of info on the notice you were given. You should get a complaint into them and demand to know what they were instructed, why you cannot find them or Brendan Fisher on the Court Service regsiter.

 

Address it to the director for that 'division', hes on the website. They are at it too :mad:

 

P&A Receivables Services plc : Debt collection, Debt recovery, Asset recovery, Commercial finance, Business finance

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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For the avoidance of doubt Welcome ARE liable for the actions of their agents who have acted within the parameters of their job. In fact if their agents were misled by Welcome as to the validity of the claim they may also have a cause of action against Welcome & at the very least able to pass the buck to them

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For the avoidance of doubt Welcome ARE liable for the actions of their agents who have acted within the parameters of their job. In fact if their agents were misled by Welcome as to the validity of the claim they may also have a cause of action against Welcome & at the very least able to pass the buck to them

 

"nice one"

this is the prediciment iam in at the moment.

sent sar to creditor but they will not supply me with the instructions they sent to the agents. lba sent recorded delivery, im just being ignored, and time has ran out ???

 

cab

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