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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.
      • 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

My OH v Yorkshire Bank ***WON***


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Got another offer today for £2600 + £220 costs. Another one for the bin!!

If they'd have offered me this at first I'd have accepted it but after all the messing about I've had to do I think I deserve the whole lot.

Sending them another "nice" letter declining the offer.

Janette

 

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  • 3 weeks later...

Please could you move my thread to the appropriate place.

 

Another thing is I have read on other threads to not sign the discontinuance form until you have the cheque in the bank but my court date is only a week away 17th Jan so do I sign it or not

Janette

 

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Congrats :)

I didnt sign my notice till the cheque had cleared in my account, most have waited a long time for their cheque once they had sent it off to them...I am not sure about the court date....maybe put something in your acceptance letter??? Hope someone can come along soon and help you more on that.

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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Another thing is I have read on other threads to not sign the discontinuance form until you have the cheque in the bank but my court date is only a week away 17th Jan so do I sign it or not

That's good advice. Phone the court and explain that you have had an offer, but not the money and would like to defer the case. They will tell you what to do.

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  • 2 weeks later...

Got the cheque today for £4065.15. Feel like framing it but putting it in the bank is probably a better option. Just goes to show that you can get your money back eventually and please don't settle for offers below the full amount with interest. Well off to Australia on Friday, looking forward to a fantastic holiday and not having to worry about how much we spend.

Donation to CAG to follow soon!:D

Janette

 

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Really pleased for you. Congratulations. Perhaps you could pop into National Australia Banks HQ (YB parent company) while you are there and thank them in person for the cheque.;):D

 

Can I just clarify a couple of things.

 

1. Did they pay interest to the date of your court claim or the date they settled?

 

2. What did you do about the court? Did you phone them to ask for the case to be deferred, and did you submit your court bundle?

 

TIA for the donation and don't forget the survey.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for the messages.

I claimed interest up to the date i sent in my claim.

I didn't defer the court case, by the time I got home from work my OH had signed the acceptance and discontinuance forms and posted them.

All I sent to court was a copy of my spreadsheet.

We received the cheque within 2 weeks.

Janette

 

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