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(See the link to DVLA’s INF188/6 document I posted above, page 4 as cited) “I have a new medical condition that I have told the DVLA about on my recent application. Can I drive? As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria, you may drive. It is important that you are satisfied that the medical condition you have declared on your application does not stop you from driving. If you are unsure, check with your doctor or healthcare professional before you make a decision. You can also look up your condition in the ‘Assessing fitness to drive’ guide, which you can find at www.gov.uk/dvla/fitnesstodrive to see whether you meet the medical standards for driving. As this guide is intended for healthcare professionals, it can be complicated. Your doctor or healthcare professional should be able to help you if necessary." It seems that DVLA think that S.88 does apply for applications disclosing a new medical condition after all. Why might this be so, and what of “qualifying application" and "relevant disability"? S. 92(1) imposes on the driver a requirement to disclose a relevant disability. S.92(3) requires the Secretary of State to refuse such an application disclosing a relevant disability ….. EXCEPT S.92(4) requires the Secretary of State to grant such an application if the relevant disability is “adequately controlled”. Hence my belief S.88 can apply for medical conditions (if the driver meets the medical standard of fitness to drive) as the application remains a qualifying application IF the driver meets the medical standard of fitness to drive, until DVLA (on behalf of the Secretary of State) say it doesn’t, provided the driver believes they meet the (medical) standard. Additionally, at (or before) June 2013 (as noted in my previous post) the medical standard for fitness to drive for conditions involving excessive daytime sleepiness was changed from “completely controlled” to "adequately controlled". -
Anyway, I've asked my Booking.com flat-rent-out-bloke what needs to be done on the Booking.com portal to cancel a reservation. I got a late message "I'll let you know tomorrow". -
I see that at the start of your thread you said they hadn't sent a Letter of Claim. And in fact in all the uploaded material there is no LoC. This is great news. Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR. Are you sure about this? Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus). I'm not being pernickety, this will be important for your Witness Statement further down the line.
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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-
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A2Dominion - Housing Association property flooding - damning ombudsman report
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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