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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
    • The King is the second monarch to appear on Bank of England notes which will be fed gradually into the system.View the full article
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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
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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.
      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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I am currently in the process of recovering bank overcharges from the Halifax – nothing exciting run of the mill over draft stuff – and as much as I think that sites like this provide an extremely valuable service I think the big problem currently is that the masses don't really understand this whole thing.

 

I consider myself to be a fairy intelligent kind of guy, and have seen occasional over charges been taken out of my account for a while (I'm rather absent minded when it comes to my banking!) I had always complained when I saw the money disappearing from my statement and been vaguely aware that it was wrong. However it becomes a case of lethargy the thought of 'it's only 30 quid I can't be arsed to do anything about it' it took 300 being taken from my ex wife's account before I really thought to set into action.

 

I think it is this general lethargy that is the biggest problem with bringing the banks to account for their actions. They rely on the fact that people don't really understand the implications of the legalities of this.

 

I believe that if it was possible to educate the general public with the facts of what the banks are doing is actually illegal it wouldn't be long before the banks would be forced to change their policy as a result of pure public pressure – in a similar way that the cash machine charges were changed due to public outcry.

 

The only way to do this is through advertising. For this reason I am currently in talks with a local radio station to sign a twelve month contract to advertise what is wrong with the UK banking industry. I am currently looking to pay for this advertising out of my own pocket and am looking at some business ideas that would be able to fund it on a national scale. There will also be a website that will provide information (and provide links to sites such as this) as well as accepting donations to assist in making this more of a national possibility.

 

As well as general comments on this idea, I am currently needing to find a solicitor who could advise on the advertising wording etc. obviously I would rather find someone who wouldn't mind providing this advice on a pro bono basis. I'd rather spend the money on advertising than on solicitors fees!

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  • 1 month later...

I thinks its a good idea in principal. On the question of legalities tho, it would be easier to quote Acts and Banks responses in a "you decide" appeal to the public. That way you and your advertising agency/candidate media would IMHO not be setting yourselves up for possible counter litigation. In any event the guys running this site seem to know their onions-why not support them direct in such a campaign? When I take my lot on (and win) I will most certainly be making a contribution to there efforts and cause. But good luck with it whichever way you go.

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I think the real problem is, and you said it yourself, people just can't be arsed for the occasional £30 or so when they know they were probably at fault in the first place.

 

It's like council tax, councils are legally obliged to spend their (our) money wisely but look at the waste! But does anybody challenge it? Same with parking tickets, unfair speeding fines etc. The government, banks and businesses make fortunes out of us and the apathy of the population in general towards these things amazes me.

 

Most of the country just can't be bothered, and I'm not sure that a public awareness campaign would be money well spent in this way.

After all, bank charges and obscene profits, along with multi-million pound payoffs to retiring chairmen etc. are all fairly common knowledge anyway.

 

I feel that those who want to fight will eventually find their way to sites like this one, the rest just can't be bothered. I'm not sure you will change that somehow.

 

I also feel that if the banks were forced to change their ways they will recoup their losses in other ways, such as reintroducing charges on personal accounts in the way they charge business accounts.

 

As it stands, this may be a slightly selfish point of view (but not deliberately so), but the current situation is that those of us who fight get our money back, whereas those who can't be bothered miss out. This suits the banks and currently, to be honest, suits most of the members of this forum in terms of results.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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advertising revenue from this site (see my previous post - "advertising revenue") would generate cash that could be used for this type of thing.

A consistent unified approach would, IMHO, be more effective than a mish mash of different initiatives.

Please put Amazon ads on this site!! (or other ads)

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Rather than get involved with radio advertising, which is fairly expensive

and is probably quite a hard medium to get people off their sofas to get a

pen etc, why not try press releases which are free? Perhaps some of the

guys on here who succesfully got their money back could be used as

examples. Once you have got the ball rolling from the press releases then

some sort of advertising may reinforce the message.Though I think the press are starting to take notice-especially when that bank was threatened with bailiffs.

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When we set up the site in January we were writing around to everyone. Now we just don't have the time.

If you or others want to start writing round to people on or off the web letting them know about the real position as to bankcharges and about this site - then please do so.

We jsut haven't the time at the moment.

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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