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    • Funding concerns are expected to see Saudi Arabia reduce its giant building schemes.View the full article
    • Why the former Fujitsu engineer is such a key figure in the Post Office scandal.View the full article
    • next time dont panic and wet yourself and offer payment !! Date of issue – 14 june 2024 date for aos - 2nd july  date to file defence - 16th july      other than the CCA/CRP and if it ever gets that far..a witness statement, you send them NOTHING and dont ever instigate comms with them. esp by email.. i would be sending one final email in reply to theirs above. PLEASE NOTE: email is NOT to be used for any comms with regard to our mutual court claim. else they'll be sending a whole forest of faked agreements/documents to you one minute before a court deadline removing your shace to object/pull them apart as unenforceable etc. dx        
    • The EU and China still disagree about the import taxes, but have agreed to discuss them further.View the full article
    • Unbelievably I can't find it, I will have a really good look for it when I have a bit more time on my day off this week. AS a side note, I emailed them offering a token payment to settle the account and avoid court action, which unsurprisingly they have declined. However their reply states:  A Claim was accepted on 19 June 2024 which means we cannot set up a payment plan just yet. You should have received a claims pack from the Court. We would ask for this to be completed with your offer of repayment and returned to either ourselves or the Court.  You have 21 days for this to be completed and returned in order to avoid a Judgment by Default. This means we would need to receive this by 10 July 2024. I was under the impression it was 19 days from date on the claim form. which was the 14th, which would be 3rd July. Could I use this against them as it seems like they are giving me false information in the hope of getting a judgement by default?
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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Car on axle stands?


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I have heard if you have your car up on axle stands and sorn (i.e 4 wheels not touching the ground) that the dvla can not touch it as it isn't on a public road. The reason I ask is my car's tax and mot have just run out, the timing belt broke a few weeks ago and Im in the process of getting the cylinder head sorted. Theres no chance of me getting the car tested and taxed within the next 3 weeks, the car is sitting out side my house in a parking bay which is classed as public highway. I was going to sorn the car but they can still clamp it as its on the public highway, if I put it up on axle stands will I be ok?

 

thanks in advance.

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Sorry but you have been mislead.

 

When the wheels attached to the car are on the road, so is the car. If the car is up on stands, the car is attached to the stands and is therefore still on the road.

DVLA won't miss a chance like this to earn themselves £80.

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So what option do you have in my position? Like I say, there is no chance of me getting the car mot'd and taxed within the next 3 weeks, I cant drive the car anywhere as the cylinderhead is off at the minute.

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The options are quite straightforward: tax it, or remove it from the road.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Put it on a trailer.

 

Seriously. A trailer does not require either VED or MoT and its load is irrelevant.

 

Mind you, it must be a trailer that allows for the vehicle to have all 4 car wheels on it and not just a two-wheeled towing dolly.

 

Otherwise, as Barracad says, get it off the public road (as you cannot tax it at the moment) Get the repairing garage to recover it to their workshops (and make sure they know it's not to be left on the public roads)

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A good idea the trailer if you can get hold of one for a while.

 

What about your front garden, do you have a hedge or fence that you could make a hole in and push it onto?

It doesn't matter about your mum or partner complaining, the £80 you could lose will take care of repairing that.

 

The idea isn't to avoid the penalty, the idea is to make DVLA have as miserable a Christmas as possible.

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I have a wall around my garden, I'm going to try and get the cylinder head back on the car and driving on saturday, I will declare it sorn now and hopefully drive it to a mates yard on saturday.

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I hope you get it moved in time before some snoop happens along.

 

If you can't get it going on Sat, ask your mate for a tow to his yard, but remember the brakes will be harder with no engine assist.

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I hope you get it moved in time before some snoop happens along.

 

If you can't get it going on Sat, ask your mate for a tow to his yard, but remember the brakes will be harder with no engine assist.

 

 

I nearly ran into the back of my father when he towed me home after the belt broke! Had to use the hand brake.

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The brakes are just as effective, it just means you have to press a lot harder on the pedal to get the same effect.

 

You've had a practice and didn't hit your dad so should be ok next time.

 

Just something to keep in mind. I wouldn't want someone to go home with a smile on their face - 'got another one love, should get a good bonus this year'.

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I hope you get it moved in time before some snoop happens along.

 

If you can't get it going on Sat, ask your mate for a tow to his yard, but remember the brakes will be harder with no engine assist.

 

Just bear in mind that even to be towed, the car should be taxed ans tested, so beware of any ANPR cameras en route. Best make sure that your number plate is fully obscured (innocently, of course!) by the trailer board or on tow sign.

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  • 1 month later...
Put it on a trailer.

 

Seriously. A trailer does not require either VED or MoT and its load is irrelevant.

 

Mind you, it must be a trailer that allows for the vehicle to have all 4 car wheels on it and not just a two-wheeled towing dolly.

 

I like the idea.

 

I see that the contents of a trailer are irrelevant, but how would such a trailer stand with respect of parking zones, yellow lines etc or even Congestion Charging Zone?

 

Does a trailer not have to carry a registration number of a 'controlling' vehicle, whether connected to it or not?

If a controlling vehicle (and its number) is not attached to the trailer is it then not part of a motor vehicle and could it not be considered as 'litter' or abandoned and be removed by authorities?

 

Serious questions.

TIA for informed answers.

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It's really quite sad that you should have to resort to such measures - I mean, a bit of common sense wouldn't go amiss in a situation like this - sadly, with the DVLA being 'promoted' to an arm of HMRC and with the 'snoop factor' being instilled in everyone, you have to be seriously inconvenienced.

 

OF course, this idea of "them and us" that they seem to revel in creating in us all does them no favours at all.

 

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I like the idea.

 

I see that the contents of a trailer are irrelevant, but how would such a trailer stand with respect of parking zones, yellow lines etc or even Congestion Charging Zone?

 

Does a trailer not have to carry a registration number of a 'controlling' vehicle, whether connected to it or not?

If a controlling vehicle (and its number) is not attached to the trailer is it then not part of a motor vehicle and could it not be considered as 'litter' or abandoned and be removed by authorities?

 

Serious questions.

TIA for informed answers.

 

In law, it is treated in exactly the same way as a skip or other exempt (and therefore unregistered) vehicle.

 

The requirement for a trailer to display a VRM only applies whilst it is being towed. Note the number of artic trailer units parked up with no VRM - the tractor unit driver puts the correct VRM plate into a slot on the trailer as part of the hook-up procedure.

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