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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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    • If you are buying a used car – you need to read this survival guide.
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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.

      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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Much has been made in a lot of threads about Form 4 complaints and allowing the Bailiff/Company to put any wrongs right. It has also been noted that whilst doing this you leave yourself open to costs against you by the defending parties. Whilst I see some of these complaints are from just aggrieved "customers" who want to cause an inconvenience there are plainly others that have legitimate concerns.

 

Why can't we circumnavigate the Form 4 and just issue a claim against them instead. As another recent poster has said he queried the "unlawful" charges, they hung up on the phone and gave the correct fees. In instances like these I believe we should also be making a claim against the "enemy" for blatant overcharging.

 

Maybe once a few of these have gone through, the "enemy" may get the message and start to play fair. But there again so many of them are too thick to understand.

 

PT

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I have long stated that the people are like cattle and if they remain reluctant to take any kind of a stance against these low life pieces of vermin , then they deserve what they get. What is it about some people who let themselves get trampled all over , and show no bottle whatsoever in fighting back ?. Are these the same sad people who were bullied unmercifully in the school playground , and went home blubbering to mummy ?. I really do have no sympathy for these sad individuals who just lay back and say " give me more ".

Light travels faster than sound...............that's why some people appear bright until you hear them speak.

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Much has been made in a lot of threads about Form 4 complaints and allowing the Bailiff/Company to put any wrongs right. It has also been noted that whilst doing this you leave yourself open to costs against you by the defending parties. Whilst I see some of these complaints are from just aggrieved "customers" who want to cause an inconvenience there are plainly others that have legitimate concerns.

 

Why can't we circumnavigate the Form 4 and just issue a claim against them instead. As another recent poster has said he queried the "unlawful" charges, they hung up on the phone and gave the correct fees. In instances like these I believe we should also be making a claim against the "enemy" for blatant overcharging.

 

Maybe once a few of these have gone through, the "enemy" may get the message and start to play fair. But there again so many of them are too thick to understand.

 

PT

 

If collected together, all the notices that can be identified to contain unlawful charges can be collated. It will certainly identify the most frequent offenders and give plenty of ammo to take to the approptiate authorities.

 

Yes it will be a huge task but if half a dozen people offered to undertake the task for various area's then it would be possible.

 

So to answer the post..... Yes it is time we started to fight back..

and here is the 1st volunteer to get that fight started.

 

WD

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I think are local councils are also partly to blame in matters of council tax and parking fines, they need to be re-educated in how to deal with people who get into a position when a bailiff is called for. They need to provide more information to the public when dealing with bailiffs. Because at the end of the day its Joe public who pays their wages and keeps them in their jobs.

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I agree with council tax but not parking - people are responsible for their own actions, if you park wrongly pay the price (before the need for bailiffs arises).

Not entirely true, councils are known to make mistakes with regards to PCN's but never think they do and are far to quick to send out a bailiff before investigating. I understood that in this country we are innocent until proved guilty, the councils look at it the opposite way

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There is plenty of opportunity to appeal a parking ticket - we are not going to agree on this one :)

not when they send it to the wrong address and you have no knowledge that a PCN has been issued,

Councils can also set up a payment plan for people who cant afford to pay it off in one lump sum, but most choose not too. They would rather send in the bailiffs who then charge outrageous fees and place the debtor into more debt.

 

No relation to High Court Enforcer are you, because your sounding a little like him here

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not when they send it to the wrong address and you have no knowledge that a PCN has been issued,

Councils can also set up a payment plan for people who cant afford to pay it off in one lump sum, but most choose not too. They would rather send in the bailiffs who then charge outrageous fees and place the debtor into more debt.

 

No relation to High Court Enforcer are you, because your sounding a little like him here

Fluffy Bunny

I am inclined to agree on this, as you have never posted on the forum you obviously have not had a "bad " experience with bailiffs etc, for which you need advice from caggers therefore may I ask what draws your interest to this forum?

 

WD

Edited by wonkeydonkey
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If collected together, all the notices that can be identified to contain unlawful charges can be collated. It will certainly identify the most frequent offenders and give plenty of ammo to take to the approptiate authorities.

 

Yes it will be a huge task but if half a dozen people offered to undertake the task for various area's then it would be possible.

 

So to answer the post..... Yes it is time we started to fight back..

and here is the 1st volunteer to get that fight started.

 

WD

 

You can count us as your 2nd volunteers :) Something needs doing and as individuals we probably won't get very far but as a collective we have a very very good chance of the Authorities listening and taking action.

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You can count us as your 2nd volunteers :) Something needs doing and as individuals we probably won't get very far but as a collective we have a very very good chance of the Authorities listening and taking action.

 

 

Thanks scorpion

I agree we will be able to fire a few rounds in the right direction if we all get together.

 

It can be done but we will need a few more volunteers so I hope those who have suffered, posted their anguish, had good advice and found resolve will step forward.

 

wd

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Thanks scorpion

I agree we will be able to fire a few rounds in the right direction if we all get together.

 

It can be done but we will need a few more volunteers so I hope those who have suffered, posted their anguish, had good advice and found resolve will step forward.

 

wd

count me in :D

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I have long stated that the people are like cattle and if they remain reluctant to take any kind of a stance against these low life pieces of vermin , then they deserve what they get. What is it about some people who let themselves get trampled all over , and show no bottle whatsoever in fighting back ?. Are these the same sad people who were bullied unmercifully in the school playground , and went home blubbering to mummy ?. I really do have no sympathy for these sad individuals who just lay back and say " give me more ".

 

OMG, i find this so offensive, there's a difference to being ignorant and not knowing your rights.... you obviously have no compassion.

x

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I agree with council tax but not parking - people are responsible for their own actions, if you park wrongly pay the price (before the need for bailiffs arises).

 

 

 

What C*ap!!! Don't you drive??!!!

 

"If you park wrongly you pay the price"

 

Right. O.k Best advice ever. Thanks so much.

 

I'll tell all my drivers in C. London that they must have parked wrongly to get a ticket.

 

Bull*hite my love.

 

About 85% of tickets issued to my firm are fraudulently issued - (this is because the officers are on 'perks' linked to the amount of tickets they issue) each one with proof all day long, and after more hassle in letter writing we get them cancelled, so they can't have parked wrongly then can they?

 

What planet are you on??

 

p.s "I agree with council tax?" you need medical help

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OMG, i find this so offensive, there's a difference to being ignorant and not knowing your rights.... you obviously have no compassion.

x

 

Ref china.blue: Thankyou HH, you beat me to it - teach me to be a night owl!

 

Regarding the OP, not sure what I can do but always willing to help...

 

Rae.

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Much has been made in a lot of threads about Form 4 complaints and allowing the Bailiff/Company to put any wrongs right. It has also been noted that whilst doing this you leave yourself open to costs against you by the defending parties. Whilst I see some of these complaints are from just aggrieved "customers" who want to cause an inconvenience there are plainly others that have legitimate concerns.

 

Why can't we circumnavigate the Form 4 and just issue a claim against them instead. As another recent poster has said he queried the "unlawful" charges, they hung up on the phone and gave the correct fees. In instances like these I believe we should also be making a claim against the "enemy" for blatant overcharging.

 

Maybe once a few of these have gone through, the "enemy" may get the message and start to play fair. But there again so many of them are too thick to understand.

 

PT

 

Until such time as the matter of costs is decided one way or another, I would NOT recommended this route, in particular if the complaint is regarding overcharging by a bailiff.

 

A far simpler route is for an N1 Claim Form to be issued in the Small Claims Track. This is a simple claim and the form can be downloaded and completed on line.

 

It is vitally important to ensure that BEFORE going this route that you obtain a screen shot of your account. In that way you will be able to identify where any overcharging has taken place.

 

With overcharging for PCN recovery, it is a simple matter to refer to the Judgment in the case of Anthony Culligan v Marston Group.

 

PS: I forgot to mention. With a Form 4 you could be looking at months before the complaint is heard. With a Form 4 the bailiff company have only 30 days to either pay the claim or dispute it.

In addition, with a small claim case, you will not have court costs in the event that you lose.

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Until such time as the matter of costs is decided one way or another, I would NOT recommended this route, in particular if the complaint is regarding overcharging by a bailiff.

 

A far simpler route is for an N1 Claim Form to be issued in the Small Claims Track. This is a simple claim and the form can be downloaded and completed on line.

 

It is vitally important to ensure that BEFORE going this route that you obtain a screen shot of your account. In that way you will be able to identify where any overcharging has taken place.

 

With overcharging for PCN recovery, it is a simple matter to refer to the Judgment in the case of Anthony Culligan v Marston Group.

 

PS: I forgot to mention. With a Form 4 you could be looking at months before the complaint is heard. With a Form 4 the bailiff company have only 30 days to either pay the claim or dispute it.

In addition, with a small claim case, you will not have court costs in the event that you lose.

 

Thanks for the input as it was really the N1 route I meant, as it appears the only thing that a lot of companies only understand £££s and if everyone started hitting them in the pocket - along with CCJ's & costs they may decide to play fair. Once enough have been done then some may find it hard to function if they have a few Judgments against them.

 

PT

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