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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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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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Already have caution, now happened again due to my Illness - summons 1st NOV ...HELP


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Hello so to clarify was any other civil loss recovery firm involved such as RLP ?

Can you pm the site team using the report icon with the name of the supermarket ?

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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Thank you. I really don't want to be seen as using it as an excuse, but it IS a reason. Both for the fact I was in the supermarket in the first place feeling desperate/on auto-pilot and the fact that medically I was quite unwell at the time of the incident, it's two fold really. I know if I was well I would not have ended up in such a situation, I wouldn't feel a need to get hold of all those food items in the first place and I also wouldn't be putting myself in danger physically to the point where my judgement is compromised.

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Hello so to clarify was any other civil loss recovery firm involved such as RLP ?

Can you pm the site team using the report icon with the name of the supermarket ?

 

No, no civil loss recovery was involved. As I said the first time I knew of this was a telephone-call to my home address.

I will pm that in a second.

 

What I haven't mentioned is

(thought I did mention this in OP but see I did not)

that alongside the eating disorder I have

I am a type one diabetic and my blood sugars were also low at the time of the offence

(all linked with my eating disorder, it's all very complicated I guess)

 

which added to the depersonalisation as I'd descrive it.

 

I mentioned this to the officer and said the whole thing was a blur and that I knew what I was doing within that blur,

but I was not fully aware or in touch with reality, if that makes sense.

 

I was scared whern I got home and realised exactly what I'd taken again.

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Nobody??? :( Should I be pleading guilty or not guilty, even? Does 'guilty' basically mean you did it or does it imply specific intent that may be questionable in my case? I have no idea what to say and know I should have prepared morebut head has just been a complete mess lately :(.

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The supermarket should have a colleague there to remind you to scan things. If there is no colleague, how can you use such a volatile system?

'Volatile system' - that's a good way of describing it. These things are extremely unreliable. If I do use them, I make damned sure that I check the receipt before moving away.

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Nobody??? :( Should I be pleading guilty or not guilty, even? Does 'guilty' basically mean you did it or does it imply specific intent that may be questionable in my case? I have no idea what to say and know I should have prepared morebut head has just been a complete mess lately :(.

The offence requires two elements. Actus Reus (AR - the action), and Mens Rea (MR - the guilty state of mind). You would plead absence of MR in that you were 'out of your mind' (diabetes, eating disorder).

 

You should be represented. Point out that you are not and that this lack of organisation is a direct result of your problems. Ask for an adjournment, and then get a solicitor and a medical report.

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If you are at Magistrates Court tomorrow then I can let you know what to expect.

 

You MUST turn up at the allotted time (usually 10:00).

When you get there, ask for the Clerk to the Court. Usually a friendly person who has a clipboard and a list... They will need to tick you off on the list, to "book you in" so to speak. They should ask you if you want to speak to the duty solicitor. Say yes - or ask if there is one if they do not offer. The Clerk is normally friendly and you can ask them about procedures, what court you will be in, etc.

 

You will have about 5 minutes or so to describe your case to the duty solicitor. At this point you just need to know how to plead. Ask them if they will plead for you.

 

You may have to wait a long time for your case to come up. I like to sit at the back of the court during this time to get a feel for the proceedings and how the judges are. This helps me with my nerves and will help you understand what the procedures are. Ask the Clerk for directions to the public gallery if you are unsure about this.

 

You will be called when it is your turn, usually on a PA - or by the clerk yelling out your name.

You will be directed to the stand by the Clerk.

 

The judges will enter the court - you must stand when you are told to.

 

Someone will ask you to confirm that you are PleaseHelp of address this and DOB that. You agree - say "I am".

 

The prosecutor will read out the charge.

 

The judge will ask how you plead.

 

You say simply "guilty", "not guilty" etc.

 

I think the prosecution will have first say. They will read out a brief statement that you were in shop X on date Y and were found to have Z in your possession without having paid. Something like that.

 

You will be given the chance to have your say. You should speak to the judges here. I usually start by apologising for the offence (since I would normally have been pleading guilty) and offer some explanation in mitigation.

 

The judges then retire for a fag and a coffee. You have to wait in court IIRC.

They then come back and hand down the judgment. In my case, invariably points and a fine (I was a bad boy in my youth). The worst I got was a 42 day suspended sentence for non payment of a fine. It was handed down as "You are sentenced to prison for 42 days... (long pause for effect), suspended for XX". Let me just say that it had the desired effect... LOL.

 

I strongly recommend you find:

1. The duty solicitor for advise. Ask them them represent you (but I don't recall them doing that). The minimum you need is your plea.

2. The public gallery to see how it all works. You have every right to be there - just come and go quietly and sit and observe.

 

Good luck tomorrow. I hope it works out for you.

Edited by Bandit127
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I would add to the post above that the procedures are formal, but the court is not so formal. The magistrates are generally friendly and OK to talk to. They might ask questions and you can answer normally. They are used to "normal" people if you know what I mean.

 

They probably see 10 or 20 people a day who are in a similar position to you (and me) and this makes the process a whole lot easier to deal with by yourself.

 

It is still a nervous time and is always nice to get it over with. As above, sitting in the public gallery helps me with this. Others don't do that. But you will get through it no doubt.

 

Please let us know how you get on.

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Well 'In court tomorrow' was last Friday...............

 

Do we think poor old pleasehelp7 is having porridge for breakfast.

 

I hope not.

 

H

46 years at the pointy end of the motor trade. :eek:

HMCTS Approved Technical Expert and Independent Motor Trade Consultant

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