Jump to content


  • Tweets

  • Posts

    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • 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

summons for driving and Mobile


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5670 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there,

A few months back i got pulled in London for driving whilst using the mobi.

 

The police officer was a decent bloke and after the checks etc.. he issued me with a form to sign and told me "it's 3 points and a fine, and don't forget to produce at your local nick" with that i was on my merry way.

 

needless to say, i completly forgot to produce and pay - until today that is!!!!

 

Along came a sumons to a magistrates court in a few weeks in the south:( sorry for being vague but with it still on going i think it best not to put all the specifics in.

 

Anyway, i'm just about to fill it in and was going to tick "guilty" accept my fine and points, pay up and move on.

 

But..... I was stationary at the time (stuck in a jam in London - very easy to substantiate:D) however my engine was on.

Is it for the police to prove i had ignition on or for me to prove it was off. I image this would be very difficult for them to prove even if they have CCTV in their car as i was stationary!

 

I'm not trying to play down the seriousness of driving and using a mobile - but i was sat there with handbrake on and clutch up and had been so for a few mins.

 

P.S if i plead guilty and save myself a trip down south what penalty do you think i'll get?

 

also, i have to submit my driving licence, no problem for the plastic bit but the paper counterpart was destroyed in a house fire a while back - if i show them evidence of the fire do you think they won't suspend my licence until the DVLA stop dragging there heals and send me a new one?

Edited by Chris1933
spelling
Link to post
Share on other sites

Being stationary is no defence against the use of mobile charge AFAIK as you were in charge of the motor vehicle and it was not pulled over off the carrigeway for you to use the phone.

  • Haha 1
Link to post
Share on other sites

You have to be parked, not just stationary, with the engine turned off.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

 

But..... I was stationary at the time (stuck in a jam in London - very easy to substantiate:D) however my engine was on.

 

I'm not trying to play down the seriousness of driving and using a mobile - but i was sat there with handbrake on and clutch up and had been so for a few mins.

 

 

Hi Crem & thank you for reply

 

I wasn't trying to imply that it was a defence nor reduce the seriousness.

 

However, it is a fact that if the engine isn't on then no offence is commited. I was questioning how easy would it be for the police to prove that my engine was on as i understand that just being stationary isn't a defence but putting things into perspective i wasn't a danger to any other road users so i am in two minds as to what to do.

Edited by Chris1933
Link to post
Share on other sites

But..... I was stationary at the time (stuck in a jam in London
Therefore you were not parked.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Hmmm - not really much of a defence then - bugger

 

Time to pay up and shut up i think:(

 

Thanks for help Rooster n Crem

 

Any thoughts on paper counterpart? or am i stuffed there as well - what a bloody day eh

Link to post
Share on other sites

I hope I'm wrong, but I think failing to surrender your DL; both parts; is a seperate offence again, irelavent as to why you couldn't, so they might add another little fine onto you for that as well.

Link to post
Share on other sites

Simply to humour me, would somebody care to "have a go" at defining the term "parked"?

 

Sam the Eagle

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

I believe when they first introduced the "using a mobile" offence, anything that involved you sitting in the drivers seat would have qualified as being "the driver" at the time. i.e. to avoid the offence you would have had to park, and change seats away from the driver's seat to use the phone. I get the impression that either that sillyness was removed, or at least is not the way the police apply it. (I see enough police using it that way as well)

 

Parked for me would be pulled into a layby or to the kerbside in town with the engine turned off. i.e. somewhere where it is reasonable that you could step out of the car legally and leave it "parked". :)

Link to post
Share on other sites

I hope I'm wrong, but I think failing to surrender your DL; both parts; is a seperate offence again, irelavent as to why you couldn't, so they might add another little fine onto you for that as well.

 

As you have a photocard licence, you can order (and pay for) a replacement on-line and have it in a 3 or 4 days.

Link to post
Share on other sites

I believe when they first introduced the "using a mobile" offence, anything that involved you sitting in the drivers seat would have qualified as being "the driver" at the time. i.e. to avoid the offence you would have had to park, and change seats away from the driver's seat to use the phone. I get the impression that either that sillyness was removed, or at least is not the way the police apply it. (I see enough police using it that way as well)

 

Parked for me would be pulled into a layby or to the kerbside in town with the engine turned off. i.e. somewhere where it is reasonable that you could step out of the car legally and leave it "parked". :)

 

There is nothing in law about having the engine switched off; it is simply part of the definition put into police policy.

 

I for one, would not switch the engine off in current weather in order to keep the heater running (conversely on a hot day to keep the a/c running).

 

I am not aware that there was ever any definition that included the driver's seat. The reason being that the prohibition also applies to a passenger if acting to supervise a learner driver.

Link to post
Share on other sites

I normally pull off the road if safe to do so, but leave the engine running while taking a call. Every time you start a vehicle your battery gets a bit of a thrash plus your emmissions are initially slightly higher than average.

Link to post
Share on other sites

I normally pull off the road if safe to do so, but leave the engine running while taking a call. Every time you start a vehicle your battery gets a bit of a thrash plus your emmissions are initially slightly higher than average.

 

Regulation 98 of the Road vehicles construction and use regs 1986 makes it an offence to run the engine whilst parked without good reason so you could get fined twice! :-D

Link to post
Share on other sites

As you have a photocard licence, you can order (and pay for) a replacement on-line and have it in a 3 or 4 days.

 

Thanks Patdavies,

 

Done it today and it was £17.50, like you say should have it soon, DVLA state they will ship within 48 hours.

 

Summons is on 15th, gonna plead quilty by post. Reading the above it's clear that it's not quite that black and white, but i havn't the time or the money to challange it with arguing semantics.

 

Gonna write a very polite letter with it and see if that helps - doubt it though.

 

Is it a gauranteed fine and points or is it at the magistrates discretion?

Link to post
Share on other sites

 

Parked for me would be pulled into a layby or to the kerbside in town with the engine turned off. i.e. somewhere where it is reasonable that you could step out of the car legally and leave it "parked". :)

 

London is 1 big carpark:D

Link to post
Share on other sites

Chris1933, why are so many people useing hand held mobile phones? I got a hands free kit in filling station for under a fiver and it works great. Just press green button on phone to answer incomming call. Always pull off road in odd occasion of outgoing call.

Link to post
Share on other sites

Chris1933, why are so many people useing hand held mobile phones? I got a hands free kit in filling station for under a fiver and it works great. Just press green button on phone to answer incomming call. Always pull off road in odd occasion of outgoing call.

 

Hi scaniaman,

 

Can't speak for anyone else, but for me i simply just don't answer when i'm "driving" - It's one of the reasons i love driving, i get some peace and quiet and its one of the very few times i can be in a world of my own. i can drive from leeds to london on autopilot:)

 

The day i got pulled however, i wasn't moving and it was a personal call so i took it - wish i hadn't now though:D

Link to post
Share on other sites

Chris--Sound like a man after my own heart, love driving as a form of self expression. Unfortunately, up here in Scotland we mostly have farm tracks, which don't lend themselves to "Drivers", especially when they are overcrowded. Seems like years since I had a good burn up on the M6.

Mobile phonecalls are not so bad, but i would permanently revoke a persons license who was doing this text thing--that is really criminal. Best of luck.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...