Jump to content


  • Tweets

  • Posts

    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
    • So, why do DVLA (via that leaflet) say 1) that S.88 MAY allow a driver to be treated as if they have a valid licence (after an application that discloses a medical condition) AND   2) before DVLA have reached their licensing decision ? (Since S.88 ceases to apply once they have reached a decision to grant or refuse a licence)
    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • Americans are already keen on UK-made coins, and the Mint said it has seen a 118 per cent increase in sales to the US since 2022.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Pcso powers and name and address


jacobina
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4344 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I was making a return in a well known high st store with a valid receipt.

When the transaction was closing the assistant advised that I would be reimbursed with credit vouchers as that is how I had paid originally.

I said I'd paid by credit card so questioned the receipt.

 

The item was cancelled off the system and taken with the receipt

(which now has the item crossed thru as part of the refund process)

to the manager who delayed matters for about 30mins before appearing to explain as I had paid by credit vouchers I would have to accept cv's.

I explained that I had originally paid by credit card but then exchanged the item for the item I now have

and in the production of the new receipt it was saying i had paid by cvs when in actual fact it was an exchange.

 

After a further delay of at least another 20mins whilst the manager disappeared again I said I couldn't wait any longer

and by mutual agreement with the assistant present said I would find the transaction on the credit card statement and come back.

 

I took the item with me and left my name and telephone no for the manager as he still had the receipt and asked for his name as a reference for my return.

 

It eventually nievely occurred to me that the delays were deliberate so as to involve a pcso....

 

About 15mins later I exited another shop to be confronted by a pcso who wanted a word re fraud!

He had the store detective with him.

 

I spent another 30mins explaining the circumstances , I was accussed of not having a receipt which was apparently the basis for the pcso questioning me.

By this time a runner' was back and forth to the store and he came back with my receipt which showed the items crossed through...

So, it now looks like I have no valid receipt!

 

The pcso eventually let me go on my way, but not before taking my name and address.

Does he have a right to this?

 

If so, what happens to my details within the police system?

 

I intend to go back to the store, but should I also put a complaint in writing or will it make matters worse?

 

I Would really appreciate some advice

Edited by jacobina
Link to post
Share on other sites

My view on these plastic police is somewhat one sided!

I don't even give my personal details to the official police, least of all some unqualified member of the public in fancy dress who hasn't sworn an oath to the Queen.

 

It's done now, so pointless fretting about it, a complaint to the store manager would be my first action, and if this is a well know high street company then all the better as I doubt they would want bad publicity.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

My view on these plastic police is somewhat one sided!

I don't even give my personal details to the official police, least of all some unqualified member of the public in fancy dress who hasn't sworn an oath to the Queen.

 

It's done now, so pointless fretting about it, a complaint to the store manager would be my first action, and if this is a well know high street company then all the better as I doubt they would want bad publicity.

 

I think that's pretty harsh given the fact they have to do their training like Police Officers do, though the content is different. They do not hold the office of constable so do not need to take an oath, otherwise they would be Police Officers.

 

Anyway, back on topic. I believe your issue should be with the store and its manager not the PCSO. It would have been the managerexplaining the facts to the PCSO who in turn has to act and did so by requiring your name and address. You did the right thing providing your name and address otherwise it could have dragged on a lot longer and ended in them detaining you for the 30 mins until a police officer arrived.

 

If i was you id complain to the stores' head office as the manager appears a joke

Link to post
Share on other sites

I'd focus on the issue, with the store.

 

I work alongside PCSOs, they were obviously called by the store to assist. They asked you for your details, you cooperated with them and provided them. As previous poster says, you done the right thing. The PCSOs could have detained you (for I believe 30 minutes) and called for a regular PC to attend and take details.

 

Chances are, your details will remain in the PCSOs pocket note book and nothing more will cone of this!

 

Sad that the store treated you like this. I'd definitely concentrate on complaining to head office about this incident.

It never rains but it pours...

Link to post
Share on other sites

Can we have the name of the store please

 

Marks & Spencer! The store manager has apologised unconditionally and is internally looking into it, however I am going to put this formally in writing to them as it has caused a great deal of stress and I feel very aggrieved. I want to know who is responsible for erroneous information resulting in me being accussed of fraud.....

 

Any other help always gratefully received.

 

JacobinaPcso's

Link to post
Share on other sites

This isn't an ordinary breach of human rights, this is an M&S breach of human rights!

 

Definitely get this put in writing to them, and don't let it drop until you are satisfied with the outcome.

 

Your local paper might run a story on this too, in your letter of complaint ask for the area managers details, and inform the store manager that if this isn't resolved within 8 weeks you will escalate it to the area manager to deal with.

 

If you have the PCSO's details lodge a formal complaint with whatever station he was working out of.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi

 

Have to agree with Bazooka Boo on this that M&S breached your human rights by the Store Managers Actions who is employed by M&S.

 

1. The Store Manager without informing you accused you of Fraud and would have called the Police who inturn deployed a PCSO to deal with this.

 

2. The Store Manager untilmately works for M&S so M&S are responsible for there employees actions.

 

3. This situation arose due to the incompetence of the M&S Staff that dealt with the Refund Transaction and returned your reciept after the refund with the incorrect information on that reciept. If the reciept had been correctly dealt with as per M&S Refund Policy your issue would never have happened.

 

NOTE: If the refund and the fraud allegation were done at the same store this then raises the issue of the competence of the Management of that store due to two incidents within a short period at the same store and one of those incidents M&S accusing you of fraud due to their complete incompetence.

 

If you are going to complain make sure everything is in writing (always keep a paper trail especially with what they accused you off) and if you do write to the store always CC the document to M&S Head Office and also forward a copy to them.

 

Also ask for copies of the following document:

 

1. Refund Policy and Procedure.

2. M&S Equality Policy and Procedure.

3. Complaint Policy and Procedure.

4. Fraud Policy and Procedure.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites

  • 3 weeks later...

thank you all. I have written letters of CEO at M & S and Professional Standards at Essex Police. I have had acknowledgements from both and am waiting for the many questions to both organisations to be answered.

 

Thankyou stu007, I will ask for those documents after I have received the responses. Hadn't thought of that!

Link to post
Share on other sites

That is a move in the right direction at least, who knows you may even get some gift vouchers from M&S by way of an apology?

Especially if they want to keep it out of the papers.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...