Jump to content


  • Tweets

  • Posts

    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
  • Our picks

Most Recent Legislation - yellow lines and zig zags


Please note that this topic has not had any new posts for the last 3999 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have been looking through the 'Traffic Signs Regulations and General Directions 2002 (SI 2002/3113)'[1], but I was after even more information!

 

1. Does anyone know if SI 2002/3113 been superseded by any legislation?

 

2. Also, SI 2002/3113 talks about the physical description of road markings and signs, and which signs go with which markings, etc.; but I would like to know which legislation actually covers the definition of being parked, so that I can see exactly what it says about being parked on yellow lines, etc. Is it simply the Highway Code or do you know if there is specific legislation?

 

Why?

 

I am planning to challenge a PCN, but want to be sure of my facts first.

 

Background: My PCN includes photos taken by a CCTV operator (?) 'served by post on the basis of a record produced by an approved device'! My car was parked on a single yellow line [2]. There were not any of the required 'no parking' signs [3] displayed by the side of the road. The confusion lies, because either side of the 'normal' single yellow line, there are two separate school site entrances, each of which have a separate set of yellow zig-zag lines, which are complete entities in themeselves as defined in [4]. The reason given for the PCN is "Stopped in a restricted area outside a school". I think the CCTV operator has seen all of the yellow zig zags and assumed that I was parked on one. For completeness, the signs next to school zig zags [5] clearly refer to 'entrance markings' [4]. Nevertheless, I wonder whether or not it is relevant that the PCN refers to being 'stopped ina restricted area outside a school' whereas the road markings and signs refer to parking restrictions on the 'school entrance markings'.

 

NB: I am not trying to get off a PCN on a technicality. I would never park on a school zig zag. My first thought when I got the PCN through the post was the embarrassment of having not realised I had been parking illegally outside a school. My second thought has been, "Wait a second, I can park there, can't I?"

 

Thanks for your comments!

 

[1] The Traffic Signs Regulations and General Directions 2002

[2] Diagram 1017 in [1]

[3] Diagrams 637.2, 639, 639.1B or 650.3 in [1]

[4] Diagram 1027.1 in [1]

[5] Diagram 642.2A in [1]

Link to post
Share on other sites

If you were in a CPZ no sign is needed for the yellow lines.

 

In any event some simple photos to show the fact that you were not on a zig zag but on a SYL will show that you did not commit the alleged contravention. A simple "the contravention did not occur" challenge is all that is required.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

Bernie-the-Bolt: Thanks for the advice. I will keep it simple:

 

"The photographs show that the alleged contrevention did not occur."

 

May I ask one more question. Is a Controlled Parking Zone an area indicated by a sign as you drive into it - or is a controlled parking zone something else? I'm a bit confused about single yellow lines being allowed without a sign because how would one know what times parking was restricted?

Link to post
Share on other sites
You should take some pictures and post them here as well.

 

I will try to post pictures - I think I read somewhere that I have to open a flikr account. Will try.

Link to post
Share on other sites
some sign is that have since become withdrawn. you also have to check the updates since TSGRD http://www.dft.gov.uk/pgr/roads/tss/workingdrawings/listofdrawingswithdrawnupdat4319

 

Lamma, the link didn't work for me.

 

But I did find this Traffic signs legislation

but ... I can't tell whether or not it is a summary of SI 2003/3113 or something different.

Link to post
Share on other sites
Is a Controlled Parking Zone an area indicated by a sign as you drive into it - or is a controlled parking zone something else? I'm a bit confused about single yellow lines being allowed without a sign because how would one know what times parking was restricted?

 

It's the bit in bold. That will specify the times of operation of the SYLs (unless they are individually signed to the contrary). DYLs require no signage as they apply "at any time".

 

Outside a CPZ SYLs must have their times of operation individually signed.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

I have uploaded photos to flikr.

 

Do I simply post them here by clicking on the photo button and then entering the web address of my photos?

 

But ... wouldn't this give you guys access to all my photos?

 

What is the secure/recommended way of uploading the photos?

Link to post
Share on other sites
I have uploaded photos to flikr.

 

Do I simply post them here by clicking on the photo button and then entering the web address of my photos?

 

But ... wouldn't this give you guys access to all my photos?

 

What is the secure/recommended way of uploading the photos?

 

Use tinypic.com its simple, takes a few minutes and you dont have to waste time registering.

Link to post
Share on other sites
Lamma, the link didn't work for me.

 

But I did find this Traffic signs legislation

but ... I can't tell whether or not it is a summary of SI 2003/3113 or something different.

 

They changed the site. I tested the link when I posted it. suggest Traffic Signs and Signals also a good place to start contains this Signs no longer prescribed by TSRGD plus other good information

Link to post
Share on other sites

Please help me with linking photos from flikr. (I have looked for the answer in the FAQs here and on Flikr.)

 

I clicked "share it" on Flikr, which gave me a link. I logged out of flikr and then clicked the link and it asked for a password. Does that mean the picture won't be accessible here on my thread?

 

If so, this might be obvious, but it is probably because I selected - don't share my photos. Is this the only way to proceed?

 

But, if I have to make my photo visible to all, then, what if I want to share photos about one thing with one forum, and photos about another thing on another forum, without necessarily linking the photos together (assuming that people can click on the link to the photo and then see all of my shared photos). I might be worrying a bit too much, but if someone can explain the way to go about uploading pics, I would be v grateful.

 

PS. Other users have asked me to upload pics!

Link to post
Share on other sites
Please help me with linking photos from flikr. (I have looked for the answer in the FAQs here and on Flikr.)

 

I clicked "share it" on Flikr, which gave me a link. I logged out of flikr and then clicked the link and it asked for a password. Does that mean the picture won't be accessible here on my thread?

 

If so, this might be obvious, but it is probably because I selected - don't share my photos. Is this the only way to proceed?

 

But, if I have to make my photo visible to all, then, what if I want to share photos about one thing with one forum, and photos about another thing on another forum, without necessarily linking the photos together (assuming that people can click on the link to the photo and then see all of my shared photos). I might be worrying a bit too much, but if someone can explain the way to go about uploading pics, I would be v grateful.

 

PS. Other users have asked me to upload pics!

 

Use tinypic.com its simple, takes a few minutes and you dont have to waste time registering!!

Link to post
Share on other sites
You should take some pictures and post them here as well.

 

First attempt! (Apparently the trick was to use a Guest Pass.)

 

Zoomed-in showing parked on single yellow - not part of the zig zag indicating a school entrance.

nEZ1gj

ZoMN3Q

 

Zoomed-out, just about showing that there are two separate school entrances, each with zig zags. Also, there is parking on the other side of the road, so I suspect that it is not a CPZ.

 

k18J56

 

k18J56

Edited by Creon
Photos didn't appear - trying typing text and overwriting this when I click on the photo button
Link to post
Share on other sites
Use tinypic.com its simple, takes a few minutes and you dont have to waste time registering!!

 

Thanks for the advice. To be honest, all I could find on Tinipic.com was links to other websites.

 

I'll keep plugging away at flikr or keep looking for other options.

Link to post
Share on other sites
Photo 1:

 

1212wdz.jpg

 

Seems reasonably clear to me. (With corrected coding.)

 

Crucially the yellow line between the two sets of zig-zags is placed in the conventional place for a yellow line and not at the mid-point of the zig-zag stroke, the words "school" or "children" "keep clear" have been left off and from what I can see the zig-zag stroke closest to your car is perpendicular to the kerb.

 

This all indicates that these are two sets of zig-zags not one.

Edited by Bernie_the_Bolt

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

Photo 1: (showing car parked on single yellow line)

 

1212wdz.jpg

 

Photo 2: Just about showing that there are 2 separate school entrance markings (i.e. zigzags). Also, other cars indicate that it is not a CPZ.

 

2jxhs3.jpg

 

Background: There is no sign indicating a parking restriction (as required, I think) by the single yellow line. (I wouldn't park on a yellow zigzag!)

Link to post
Share on other sites

Your photo 2 shows what I was attempting to describe above. Park over the words and that is a contravention at signed times.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites
In any event some simple photos to show the fact that you were not on a zig zag but on a SYL will show that you did not commit the alleged contravention. A simple "the contravention did not occur" challenge is all that is required.

 

It is a bit weird that legislation relates zigzags to entrances (schools, fire stations, etc), whereas the PCN does not use the work "entrance".

 

Do you think that I should also mention the lack of sign linked to the single yellow line in case their reason for issuing the PCN "Stopped in a restricted area outside a school" includes both zigzags and single yellow lines that happen to be on school roads?

Link to post
Share on other sites
It is a bit weird that legislation relates zigzags to entrances (schools, fire stations, etc), whereas the PCN does not use the work "entrance".

 

Not sure it does but I should not worry about it here.

 

Do you think that I should also mention the lack of sign linked to the single yellow line in case their reason for issuing the PCN "Stopped in a restricted area outside a school" includes both zigzags and single yellow lines that happen to be on school roads?

 

Only if you are sure you were not in a CPZ. But in any event the contravention you have been issued a PCN for is not a SYL contravention. I would simply say that you were not stopped within the restricted area as clearly shown on the photos.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites
Your photo 2 shows what I was attempting to describe above. Park over the words and that is a contravention at signed times.

 

Are are you saying the No Stopping on Entrance Markings sign invokes a Controlled Parking Zone, which automatically includes any single yellow lines. If so, how far does the CPZ extend, because there are yellow lines either side of both the sets of zigzags too?

 

If not, just to clarify, I haven't parked over the words, yellow zig zags look like this. (Link.) i.e. each set of zigzag markings includes words with zigzags at each end. There are two sets of zigzag markings on this road, each with words in the middle. Also, the yellow line (with the words) which link the two zigzags runs along the middle of the zigzags rather than along the edge of the road. My car isn't parked on either set of zigzags - which includes the words.

 

The sign in the photo should say something like this. (Left hand immage on link.)

 

Also sub-paragraph 22(3) of the Traffic Signs Regulations and General Directions 2002 (SI 2003/3113) states:

 

(3) The road marking shown in diagram 1017 or 1018.1 shall not be placed on a road on which is placed -

 

(a) the marking shown in diagram 1025.1, 1025.3, 1025.4 or 1028.2 (in conjunction with the sign shown in diagram 650.1); or

 

(b) the marking shown in diagram 1027.1 in conjunction with the sign shown in diagram 642.2A, unless there are times at which the restrictions to be indicated by the marking shown in diagram 1017 or 1018.1 apply and those indicated by that sign do not.

Link to post
Share on other sites
Only if you are sure you were not in a CPZ.

 

I will have to go back and double-check for CPZs, but I do know for certain that the cars on the other side of the road are parked legally, which is why I suspect it is not a CPZ.

 

I really appreciate the time and advice that you have give on this. Thanks.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...