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    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
    • absolute rubbish, whomever told you that lied to make them sound important. no stores are using face recognition, they are not allowed too it's not been generally licenced by the gov't. it's only in a very few stores in central london. and they most certainly would never waste staff time searching old CCTV they dont even have. it should be wiped by GDPR laws etc after 30days. if you get any silly letters BIN THEM. go see your GP ASAP 
    • Thank you both so much for the reply. I am worried because they told me they have face detection systems in place, that they go back through the CCTV from their other stores and find out I've shoplifted from them before. How likely is this? Also they did not mention anything about DWF solicitors or retail loss prevention. Should I still expect a letter from them? 
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Faulty car bought from local dealer.


azza87
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azza, Just because I am not giving you the response you would like to hear doesn't mean I'm wrong. You are more than welcome to ignore my (correct)interpretation of the law. You will find out the truth if you do decide to take it to court.

 

Sam, other than typing insults I will again ask. What qualifications in consumer law in particular used vehicle sales do you have?

 

I'll give you the answer you want to hear; NONE. However, both Conniff and Helio know that isn't actually true but I have wasted enough time and energy with you as it is. Take a look at the little green squares in my profile window, they indicate how many acknowledgements I've had off people who I have assisted so far. And no, each square does not represent 1 acknowledgement. I'm sure though you have heard of a FCATS certificate.

 

I have nothing to prove to you. I am sorry however, that the OP has possibly been confused and miss-lead by the arguments that have occured during this thread which is why I have openly (more than once) suggested that the OP takes advice from ACTUAL qualified sorces (such as Trading Standards) so he can decide for himself whose advice he chooses to follow. Clearly the OP has satisfied himself that the advice i am giving is a tad more accurate and reliable than yours. The OP has further indicated to you that he no longer requires your input so I would sugest that you respect that which has been also requested by the site team.

 

Our conversation is at an end Jeepstar.

 

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Out of interest, what were the MoT failures mentioned?

 

Sorry, I missed this out on my last quote reply. The MoT failures were:

 

Reason(s) for refusal to issue Certificate

Nearside Rear Rear position lamp(s) not working (1.1.A.2b) **DANGEROUS**

Nearside Front Side repeater incorrect colour (1.4.A.2d) **DANGEROUS**

Nearside Front Windscreen washer provides insufficient washer liquid (8.2.3) **DANGEROUS**

Nearside Rear Brake load sensing valve linkage seized (3.6.E.4) **DANGEROUS**

Rear Exhaust has a major leak of exhaust gases (7.1.2a)

Nearside Rear Exhaust emissions carbon monoxide content after 2nd fast idle excessive (7.3.D.2b)

Advisory Notice issued

N\s\inner c/v/boot leaking slight air leak on servo

 

 

It must have had the problems above sorted out as it passed it's MoT the following day, but with the same advisory notice attached.

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Load sensing valve needing freeing off is B****y dangerous especially on a wet road. The fact that it was seized warrants a red ticket.

 

It would therefore appear that the standard of the test carried out 10 months ago is very iffy indeed. Two safety system items here. 1 advisory which should have been an immeadiate fail and 2. a seized load sensing valve where frankly if not changed by the MOT garage should have required the car either trailering away or being towed.

 

Other items are not realy dangerous but are a requirement that they work.

 

And before jeepstar starts blowing hot air about it being ok to free off, bare in mind why it seized in the first place. Freeing off never gets them back to full working condition and really should have been replaced. Check to see if it looks newish.

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OK jeepstar. Get me same said type of car and I'll lock LSV valve as though it seized, then put a leak into the servo. I'll put a load equivalent to a weeks shopping for a family in there as well, unsecured to help you.

 

Now you take it up a motorway in heavy rain at 60 mph and hit the brakes hard in traffic.

 

Result is that most probably this site and thread will get back to normal as you wouldn't be around but the unfortunate thing is you'd take out a lot of innocent people as well.

 

If I proposed this same said test under controlled test conditions by a team of test drivers such as I use they would tell me very quickly to foxtrot oscar and I'd probably be referred to the company psychatrist for even suggesting it.

 

If you had an ounce of decency about you, you would comply with post #99 as requested.

 

It is pretty obvious you have no real technical background or qualifications and previous posts suggest you are indeed a pub mechanic. You might have fiddled with cars and buy and sell them but you are no true reflection on the good side of the motor industry. In fact your attitude is exactly that which the industry is trying to avoid.

 

Finaly, please refrain from posting on this thread any more so we can get on with helping the op.

 

If you want a ruck start your own thread and I'm sure you'll get one but when you have been warned take heed. My fish one is the one to use if you don't have the imagination to create your own. Hurl abuse at that NOT here.

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Unfortunately its been required to unapprove some posts.

These distractions will stop now.If people cant take warnings then there remains little option but to take other action.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The reported posts that have been made are acknowledged.

Attempts to bypass moderation are viewed seriously.

It is unfortunate that there are some who underestimate our ability to detect such abuses.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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He has joined the other departed one.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So whats happened to our new guest; Motortrader then?

 

My guess would be motortrader was jeepster/jeepster2. It would explain why he was singing to the same tune as him.

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Its not good that your thread has attracted so much attention from unwelcome sources azza.

I find it quite staggering at the lengths and determination some will go to.

Hopefully now things can continue without these disruptions,but I and the rest of the site team will be monitoring just in case.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I sent off the lba letter via 1st class recorded on saturday 14th May so a week ago today. How is the time limit worked out, is it just 14 days or 14 working days.

 

Thanks again for everyone's help.

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Consider it as 14 days including weekends.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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So deadline Sat28th.

Have you done a track and trace to see when it was delivered ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Its a good idea to print off the conf of delivery page with signature,then staple this with your PO receipt to a copy of the LBA.

 

https://www.royalmail.com/portal/sme/track?catId=62200738&mediaId=63900708

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I've just checked the tracking code and it looks like it's either not been delivered yet, either that or it was posted without a signature?

 

Item AH746418384GB was posted at Tates Lateshoppe DN2 5HY on 14/05/11 and is being progressed through our network for delivery.

 

Surely a week on from being posted 1st class recorded it's been delivered!

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No it doesnt mean that its not yet been delivered.

It could well be that the postman has not yet entered the data from his scanner onto the system.

If it has been delivered and there was no sig...it will usually say something like....your item xxxxxxx was delivered from our xxxxoffices on xxxxx we do not have proof of sig at this time please come back later........

So worth looking again maybe Monday afternoon.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi guys. I've been checking the Royal Mail website all week to see if the delivery info for the letter had been updated and it's remained the same throughout.

 

The deadline for the dealer to respond to the lba letter was today and yet I've heard nothing. What is the next step now? I'll have another chat with CD and see what they say but being bank holiday weekend this will have to be on Tuesday at the earliest.

 

Many thanks

Aaron

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I've just checked the tracking code and it looks like it's either not been delivered yet, either that or it was posted without a signature?

 

 

 

Surely a week on from being posted 1st class recorded it's been delivered!

 

 

Which is precicely why I would only send such an important letter by Special Delivery. Most businesses get their post delivered in a bundle with an elastic band around and 9 times out of 10 are not asked to sign unless the recorded letter happenes to end up on top.

 

Special delivery is always treated differently and a signature will be obtained or the letter will not be delivered.

 

Your letter may or may not have been delivered - you just cannot prove it. However, in court you can show that you sent it.

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