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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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    • 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
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Doing 60 in a temp 50 on M4


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Some posts on this thread seem, in some way to be offering some sort of excuse or reason why people seem to suddenly stumble upon a lower speed limit for roadworks etc. And to say that, 'it was 2am' or 'there was nobody else on the road' or 'nobody was working at the roadworks at the time', is just pure arrogance. Limits are there for a reason and nobody is exempt.

On most roads and particularly motorways, plenty of advance warning is given that roadworks are taking place in 1 mile, 1/2 mile, and so on. So you know that there is a good chance of a lower speed limit when you get to them.

Then, on the other hand, there are those drivers who respect the limit, but do 45 or 46 in a 50 limit, but sit in the middle lane. And for some unknown reason will not move into the inside lane. Tossers.

I'm sick of hearing people going on about cameras being money making machines. There is a simple answer to this problem....dont speed.....dont speed. If people didnt speed, they wouldn't make any money, so they would have to think of some other charge to bang on motorists ever increasing driving costs. So I say carry on speeding and filling the police/government coffers.

Driving demands 100% concentration, 100% of the time.

At the end of the day, its all down to people being crap drivers, simple as that.

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Danny; 'You say limits are there for a reason, except you don't take into account that those limits need not apply at certain times of day and are only kept in force because THE POLICE WANT TO MAKE MONEY!'

Speed limits are there for a reason, there is nothing else to take into account.

Michael B; 'Central Lane Residents Association members are my personal bete noire,especially at weekends when effectively they turn a 3 lane motorway into a dual carriageway'

Agreed.

'You seem to be in a bit of a quandary, is the advice to slow down or speed up?

I'm making both points really. If you dont speed, then they wouldn't make any money, but, having said that, they would only think of another money making scheme to fleece the motorist, so carry on speeding!!!

Wheelergeezer;'What exactly is safe about people slamming on their brakes to go from 90 to 60 then straight back to 90 afterwards?

As I said in my post earlier mate; 'its all down to people being crap drivers' and I stand by that. There is still, I think, a debate on increasing the speed limit on motorways to 80mph. I think this would be a mistake. Yes, roads and safety features on them (particularly high speed highways) have improved, vehicle technology and safety features have improved, but, here's the crucial point, driving standards have not. If anything, they have got worse, in my opinion. To prove my point, go and stand at a roundabout on a busy road for half an hour and count how many people use their indicators entering, going round and exiting the roundabout. Very few. Crap driving! You, Wheelergeezer, are in a small group of people who's driving skills and opinions I respect, but, unfortunately, the minute people pass their tests, all that you have learnt them seems to go out of the window.

Dx; 'its a speed LIMIT not a compulsory target.

drivers dont have to travel at that speed.

I absolutely agree mate, but why can't the tossers move back into the inside lane? There is also a minimum speed limit on a motorway, I think its 40mph.

'good mail though.'

Thanks.

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Crem; I am sure there is a minimum speed limit on a motorway, but I would stand corrected if I saw anything in writing stating there wasn't.

And I wouldn't consider it careless driving, I would consider it dangerous driving, but thats only my opinion.

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Crem; 'IMO Dangerous driving is much more difficult to establish with proof than careless driving. Unless an actual crash takes place which can be attributed to this low speed I would suggest the police would not find much mileage in being able to bring this case. Careless driving can require very littel evidence and may even just need the opinion of the officer to be accepted by the court.'

Fair point crem, I accept that.

Callumsgran; 'And i agree with Danny about unnecessary speed limits at night on motorways, the restrictions could easily be changed at 10pm'

There can be many reasons why a motorway has a restricted speed limit at night.

Approaching an accident or incident.

Setting out road works. (lots of work on motorways takes place on a night for obvious reasons.)

Clearing the road after roadworks.

Clearing debris after an incident like a HGV puncture etc.

Police car chase.

I could go on......

I drive 50 to 60 thousand miles a year, at night and during the day, and I have seen allsorts of incidents. Experience tells me that there is a reason to be cautious if there is reduced limit up ahead. So, for you to say that the restrictions could easily be changed after 10pm just goes to show that you have not got a clue what you are talking about.

I dont mean to be confrontational, but crap driving is a particular hate of mine, and there are plenty of crap drivers on the road today.

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Danny; 'Mr.I'm the perfect text book driver.'

I'm far from being the perfect text book driver, just careful and observant.

 

'When I grow up I want to be like you'

(edit) And if you were more like me, you wouldn't be on here telling us all youv'e just been caught speeding, would you?

 

Conniff; Ok, there might not be a minimum speed limit, but you wouldn't go on a motorway and, under normal driving conditions, travel at 30 or 35mph would you? It would be unsafe to do so.

Edited by freakyleaky
Personal attacks/insults will be removed. Read the site rules please.
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Freakyleaky; I apologise if my comments have been taken as personal insults, I was only replying to what I thought was a sarcastic remark to me.

 

Danny; On reflection, I shouldn't have used my 'tossers' remark, I take it back.

I dont want to make personal attacks on anyone, but you were the one who made the sarcastic remark.

I dont patronize people and I'm sorry you feel that way, and it's never my intention to put people down.

I dont think that you doing 60 in a 50 limit at 2am is driving irresponsibly, if you were doing 100, then yes, thats irresponsible, even dangerous.

The point is that discretion will never be used in a case like this, you are either speeding, or you're not speeding, simple. The police will prosecute a speeding motorist, they will not say 'just a minute, lets see if there was a reason for him/her to be going that fast, we might just let them off with a warning'. It's not going to happen, is it?

 

And i've never been on a high horse, only a little one.

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High Horses can be dangerous. Especially at high speed. You are well advised to stick to the smaller ones where possible.:lol:

 

:lol::lol::lol: I think I will freakyleaky, and I definitely won't go on a motorway with one.:lol::lol::lol:

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I would suggest, S & C, that when the OP was doing 60 at that time of the morning with no other vehicles around, then no, its not irresponsible, but change the circumstances,ie, poor weather, rush hour traffic etc, then that could be deemed as irresponsible. It obviously depends on the prevailing conditions at the time, surely. But the authorities are not interested in that, you are either speeding or you're not.

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Danny.

I've just been reading some of your previous threads!!!

The message I want to get across is; please dont slag me off for having higher moral standards than you. It seems that if you dont get the answers you want to hear, you will give the posters a hard time. It wont work with me.

If you want to carry on with this discussion, pm me. I'm not prepared to lose my membership on here arguing with you.

Edited by jed52
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All, new to the forum and a serving traffic officer (police) I've read with interest everyone's view.

 

2. Discretion

 

I full understand where the OP is coming from here. Were he likely to be stopped by police he may well have got a ticking off, or still the EFPN. The point is the officers could show discretion under the circumstances. But here then we have inconsistency. One officer could let you off with a warning and a slap on the wrist, the other issue the fixed penalty, everybody reads things differently. One only needs to look at situations and speeds you perceived as hazardous when you passed your test compared to those you perceive as hazardous now. Or maybe review the range of opinion on this matter on here. It's vast and the police are no different, since its made up of individuals. May be the answer is to have no discretion? But thats the position the OP found himself in in the first place.'

 

Hi,TD27, at last, a post from somebody on the front line, so to speak.

 

The problem with discretion, as you rightly say, is fraught with too many variable factors. Do we really want the police's time taken up by sifting through every similar case to see if there was any mitigating circumstance's? I dont think so. And discretion could only be exercised by officers that have actually stopped you surely, not by fixed cameras.

 

Also, I dont buy into this 'revenue making' thing. I think this is something that somebody thought up because they were miffed at being caught.

 

The point is, if you get caught speeding, tough, dont speed.

Good post TD27.

jed

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I agree TD27,about mindset, but does it go further? There would seem to me, to be two types of mindset when somebody gets caught speeding. One will take it on the chin and say, ok, I got caught, fair cop. And the other one will wriggle like a worm on a hook. Is it something to do with a dislike of authority or control? 'Why should I do 50, when it looks perfectly safe to do 70 or 80?

(I am not one of the latter, I hasten to add.)

 

I have been driving HGV's for nearly 32 years, and am quite proud of the fact that I have got only one speeding conviction in that time. But, sadly, I think that the attitude nowadays is completely different. Points on your licence seem to be some sort of 'Badge of Honour'. I find this a strange way of looking at things, after all, more points on your licence inevitably means more money coming out of your pocket for the fine and increase in insurance premiums etc.

 

Education is, I think the way forward, but do you not think that you are banging your head against a brick wall sometimes TD27?

jed

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Cal37, I have used the A9 hundreds of times over the years and it can be frustrating for other motorists to get stuck behind a HGV doing 40, and yes I have been guilty of doing 50 on there, purely to keep the traffic flowing freely, but I use the laybys to pull over and let queues clear. There are not too many cameras on the stretch between Perth and Inverness, and those that are there dont have weight sensors, so they will be set at 60 (as far as I know, I haven't been up there for a good few months now.)

 

By the way, have you got any jobs going? I need one desperately.:-)

jed

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