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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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      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.  

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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.

      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.
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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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Box Junction PCN - New Kings Road j/w Bagleys Lane


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.... unless they do have a photo of you IN the box AND that stop in the box is contrary to the HC guidance,.

 

ForestChav please lets not do the thread on people being in contravention of HIGHWAY CODE GUIDANCE again!

 

The contravention would be contrary to the TSRGD regs section 10(1) and 29(2) as shown below HC rule 174

 

 

 

 

174

 

Box junctions. These have criss-cross yellow lines painted on the road (see 'Road markings'). You MUST NOT enter the box until your exit road or lane is clear. However, you may enter the box and wait when you want to turn right, and are only stopped from doing so by oncoming traffic, or by other vehicles waiting to turn right. At signalled roundabouts you MUST NOT enter the box unless you can cross over it completely without stopping.

 

(Law TSRGD regs 10(1) & 29(2))

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Learn to read. For someone who is such a nit picker I'm surprised you can't. In the second post on this thread, I said the contravention is stopping in a box junction when your exit road is not clear and your movement is not blocked by oncoming traffic. You have taken that sentence completely out of context, making you look like an idiot.

 

except the offence IS NOT "stopping in a box junction". The offence is more correctly as stated by G&M. "ENTERING and STOPPING in a box junction".

 

i.e. the offence only occurs if your exit is not free PRIOR to you entering the box. So if you enter the box with your exit clear, and something occurs beyond your control which now blocks your exit forcing you to stop within the box, then no offence has occurred.

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Which is exactly what I said it was. It's stopping a box junction when your exit is not clear and no oncoming traffic is preventing you from leaving. You can't stop in it without entering.

 

.. but you can ENTER the box when your exit is clear, and then be prevented from leaving because something now occurs AFTER you have ENTERED the box causing you to STOP WITHIN THE BOX which means no contravention occurred.

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Regardless of the intricacies of what the actual offence is,

urmm, I think it is extremely relevant what the actual offence is, don't you?

or what should be on a PCN, or anything else which isn't relevant only for the purposes of being pedantic (yeah, they're not exactly the same, but how relevant really is that when we don't even know if he did break the law)

once again ForestChav, like on the last thread when you accused us of being pedantic, we are not. We are trying to be accurate with the law and advise accordingly.

, he needs advising whether or not to appeal.

perhaps we could all get to that point quicker if you stop misquoting the law

The photo didn't help show any entering or stopping in a box - a single still wouldn't show this anyway - he can't recall doing it, there's probably more supporting evidence,

as several of us have already stated, there WILL be further evidence available, i.e. the CCTV footage

they usually allow you to see it if there is, which is exactly what I would do.

hence my post at #9 advising the council should have advised how he may view the CCTV footage. Some councils make the CCTV available on-line, others he may have to visit the council office to view

Anything else really isn't helpful...

I'm glad you finally realise that ForestChav :)

 

..

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You and crem decided to turn it into two pages of waffle by nitpicking on the exact wording of box junction violations

 

you mean more the case that it became 2 pages long because you once again misquote law which can be nothing but misleading, then refuse to be corrected. We all make mistakes within this forum, that is why all posts are in the open forum so everyone can see them, and point out when we make a mistake from which we can learn.

 

We are all learning on here every day by reading good posts and adding them to our own knowledge. Please feel free to do the same.

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Without the benefit fo the arial view from the camera, I am not sure that the OP at the point of the first photo at 27sec, could have had any way of knowing that the traffic in front of him, which clearly was moving, would come to a stop preventing him from clearly the box. I also agree with BTB that, should it have happened to me, my reaction would have been to move into the (clear) inside lane, however, the bike and car passing on the nearside prevented the OP from carrying out that manouvre.

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