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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      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
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      By notodebt · Posted

      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 
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      By L33noa · Posted

      filed the defence at same time as suggested @dx100uk
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      By HP Mum · Posted

      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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      By CydneyCoco · Posted

      Good idea Kyosanto, will give it a try.

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Car resprayed, then STOLEN by car sprayer!!!

jimruffle

By jimruffle
in Garage services

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jimruffle

jimruffle

Posted
Posted

Hi,

 

In May this year, I took my vehicle to a local car sprayer for a complete respray. I got a written quote from them for £2000.

 

8 weeks later, he returned the car to me and upon inspection, I realised that the work was less than sub-standard. I voiced my concerns to the trader who claimed all of which was unfounded. Two days later, he and 9 others arrived and took my car away by force and by threat. I informed the police but they explained that it was a civil matter and not criminal. At this point I had not parted with any money. The next day, I receive an invoice (undated) from the trader for the sum of £4700+VAT+ £30 a day storage fees!

 

Having done checks on this company, I have since found out that this company is in fact declared as Dormant (non-trading) and have been for 3 years.

 

I have issued a return of goods order for the vehicle but the trader has counterclaimed for non payment of invoice to the tune of £9000 including interest, storage, extra work etc.

 

Any advice would be gratefully received.

 

Many Thanks,

 

J Ruffle

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sequenci

sequenci

Posted
Posted
Hello,

 

yes I've reported it to trading standards who have advised me that he does not have a legal lien on the vehicle and they advised me to issue a return of goods order which I have done.

 

Have they said that they will investigate this firm for their trading practices?

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Dragons Dennis

Dragons Dennis

Posted
Posted

I would bring the police in for theft.

 

If you contarcted a garage to do work, then refused to pay they are within their rights to hold your goods until payment. HOWEVER, in this case the goods (car) were returned to you and you accepted posssesion back. They turned up two days later and effectively forceably took your car. That is not allowed and is actually theft and I would suggest could consitue theft with menaces.

 

The police civilian you first speak with will almost certainly tell youy it is a civil matter. Insist on speaking with the duty inspector and insist a crime is recorded as the vehicle has been taken without consent.

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sequenci

sequenci

Posted
Posted

The police civilian you first speak with will almost certainly tell youy it is a civil matter. Insist on speaking with the duty inspector and insist a crime is recorded as the vehicle has been taken without consent.

 

Excellent advice.

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jimruffle

jimruffle

Posted
  • Author
Posted

hi all,

 

Thanks for your help on this. I did contact the police at the time and the office gave me a crime number. He wasn't prepared to deal with it though as it isn't "motor vehicle theft", it's a technicality on a TWOC.

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jimruffle

jimruffle

Posted
  • Author
Posted

He has given me some advice regarding the defendants rights to keep hold of the car, which seems that he doesn't have any, as he surrendoured control of the vehicle when he dropped it off to me.

 

Today, I instructed him to write a letter to the company to try and negotiate an out of court settlement.

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Surfer01

Surfer01

Posted
Posted

What are the police doing about it as theft with menaces seems to have taken place and it is not civil? What has the solicitor advised on this aspect? The solicitor should be using the police to recover the vehicle but as that is the cheapest option and less income for the solicitor they will probably avoid it.

Do you happen to know any one else that has had the car re-sprayed by the garage? TS may be able to tell you if they have had any other complaints but will not be able to give you details.

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Dragons Dennis

Dragons Dennis

Posted
Posted

TWOC? That is the same as theft except is the modern trendy way of the namby pamby British police handling things. I once had my wallet removed from my possession without giving permission. (Stolen) and when I was young, someone placed a stone on the inside of my Dad's greenhouse via the pane of glass without asking if he would mind (smashed a winow).

 

This company has stolen your car. That is theft. They can call it anything they like, but it is theft.

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mightymouse_69

mightymouse_69

Posted
Posted

TWOC is slightly different to theft and so long as the car was driven away, is the correct offence for this situation.

 

Twoc isn't a "modern" thing either - it appears in the same 1968 Act as the offence of theft!

 

To the OP:

 

Tell the solicitor in no uncertain terms that you want the car back. Ask him for a detailed explanation of your options.

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biggeorge

biggeorge

Posted
Posted

"Two days later, he and 9 others arrived and took my car away by force and by threat..."

 

Why didn't you ring 999 and tell the police someone is taking your car away and there is 10 blokes there

and your too afraid to comfront them.

 

Plain and simple theft of your property and the police should have acted and arrested those responsible.

 

George

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Surfer01

Surfer01

Posted
Posted

I hate to say thsi but theya re both WRONG! I suggest you escalate this to the commanding officer at the local police station poiting out the error of their ways. the car was removed from yu by intimidation and without a court order. It is theft!

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