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    • again a quick google search states   Appeal a DVLA fine - GOV.UK WWW.GOV.UK How to appeal a fine you've had from DVLA because your vehicle was not taxed, insured, or you did not tell DVLA you no longer have the vehicle i would not be appealing. they have 6mts. see where they go. dx  
    • There are a number of reasons why you may not have been issued a notice in the post within 14 days. If you were stopped by the police it may have been given verbally. In the case of speeding offences, the police may issue you with a conditional offer of a fixed penalty of 3 points and £100.00 fine by post or an offer of a speed awareness course. If the offence is considered too serious for a speed awareness course or fixed penalty you may be charged with an offence which normally occurs by way of the issue of a Single Justice Procedure Notice. If the vehicle within which the alleged offence took place was registered to another person or company there is technically no need for a notice to be issued to the driver. After the police have obtained details of the nominated the driver, they will normally send the notice to them, although there are no time limits within which they must do so (provided that the notice was received within 14 days by the registered keeper of the vehicle). In such circumstances, a person may receive a notice several months after the alleged offence too place but still be prosecuted. A Guide to a Notice of Intended Prosecution | Motoring Offence Lawyers the above copy n paste link has purely been copy n pasted here to inform you of the regs, which you could have done yourself by, as this is, a google search......... we do not ever recommend using such offered webservices! dont dx    
    • all DYL's are subject to a TRO. looking at this newish, ever increasing as old ind units have gotten removed, estate, there are only lines on one side, on the other there is a parking lane with traffic calming through which you mention. i seriously doubt your mate has any clue what he is talking about.!! its not a private housing assoc estate. so its a public council owned road. no construction co can just decide to draw their graffiti on a road. the DYLs are certainly there pre 2016 even before his home was built. now ive had a quick look to see if the main access to royal park road has signs. there is no royle park road even on your map but there is a royal barn road which leads to where you are parked royal road has a restriction sign on the pole by the fence of the electric substation jnc with gipsy lane there does not appear to be one leading in from the other end - tesco petrol station
    • Hi All. I was driving in Stevenage down a 40 road after coming off the motor way, i noticed my car felt a little "weird" i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intolerant on date night, we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i haven't received anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. Should i query the ticket as i don't want to miss any deadlines (if so who do i check with?) OR should i keep quiet. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the beginning 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, however he 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 (i have a copy of this).  She didnt mention she hadnt received any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her mail until last week. She received a letter dated 09/04/2024 stating she had failed to insure the vehicle and there was a £100 fine which could be reduced to £50 if she responds by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
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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.

      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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My Cca From Mbna Please Look


ANDREAMOUR
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Don't know if that's good yet or not, haven't used this solicitor before and have not heard anyone else using them ... but they are free! I'm going to keep track of this myself so that I agree with what they are doing every step of the way.

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I mean they operate a no win no fee arrangement, they don't take any money up front and don't take any of your compensation, so in practice they are free. Actually I didn't go with them because they were putting all their unenforceability cases on hold until one of the test cases gets decided, they are only doing harrassment injunctions at the mo. But they also said they were only in the business of taking lenders to court, but not defending if a lender takes me to court - because they say they have too many cases and have limited themselves to that.

 

But I am consulting with another free solicitors to see if they will take my cases, just faxed them my agreements. It took a bit of guesswork to google the right terms and I got a few just on google. What matters most to me is the barrister they appoint.

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Well here's an update after speaking with the solicitor (in particular the solicitor who audits agreements to see if they can be challenged).

 

On the illegible agreements provided, she told me that I should write to Abbey and Virgin under Section 136 of the CCA. I have to get out the legislation and read it, or maybe there is a template letter on this site somewhere:???: Anyway, what I understood by this is that it would be asking Abbey or Virgin to admit the agreement is unenforceable because they could not produce a legible copy. Then they either have to produce a legible one or accept its unenforcibility.

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136. The court may in an order made by it under this Act include such provision as it considers just for amending any agreement or security in consequence of a term of the order.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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section 136 provides that an agreement may be amended as a consequence of a time order - for example, by reducing the rate of interest or extending the term of the agreement.

 

The consumer can apply for a time order following receipt of a default notice, or a notice of enforcement action under the Act. The court can also make a time order as part of proceedings brought by the lender for enforcement of the agreement or to recover possession of goods or land (for example, mortgage repossession).

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Not quite sure how this has any bearing on your agreement??? Giving you extra time to pay or reducing the interest is not forcing their hand in getting them to admit that it is unenforceable

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Abbey or Virgin to admit the agreement is unenforceable because they could not produce a legible copy. Then they either have to produce a legible one or accept its unenforcibility.

 

Just had a look at the letter mbna sent me and they stated that the original agreement wasnt that clear but the best they could give me

so thats accepting that is ellegible!

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We are also fighting MBNA for a dubious agreement missing prescribed terms and T&Cs. interestingly, though, I found the T&C they sent when they sent the actual card through and they are vastly different from what appears on the reverse of the application form which MBNA claim constitutes the agreement in conjunction with the T&Cs which they haven't been able to produce.

 

They have also just sent an intended Default Notice, so am gonna hit them with as much as I can. Andreamour, they also stated that they were aware the copy they sent was difficult to read but it was the best copy they could provide!

 

One question I don't know if anyone can help with - their statement about Cancellation is woolly at best, and I have been searching for any regulations about what should be contained within this section, but can't find anything. Can anyone point me in the right direction?

 

Interesting too about the mole - seriously, not content with terrifying us with all their other methods they now try to infiltrate our support network! I wonder how they sleep at night?

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Hi ANDREAMOUR,

 

Sorry about the irrelevance but what are you using to paste your documents, I'm desperately trying to enlarge my CCA's in the post

If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

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