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By Mycathasfleas · Posted
It's not clear to me from your account whether you were pulled over at the side of the road (ie parked) or stopped at temporary traffic lights. The difference is that in one case you are not "driving" and in the other you are driving but just stopped at a signal. Just having the phone in your hand is enough if you are driving. That's a simplification, as the definition of "driving" has been tested many times. If you really want to test this then have a look at the new(ish) definition of using a phone whilst driving. And see if it fits your actions or not. -
Thank you. I have filled them out, about to post. D1 answered as 'No' as per dx100uk's reply. Does it make any difference that Kearns haven't filled any of my copy of the N180 out other than the 'CNBC' and the claim reference, out of interest? -
By Ethel Street · Posted
The offence isn't only about driving it's about holding a phone at all. This is the gov.uk explanation. Are you certain your use fell within the exemption? Was your engine running? It sounds like you were still on the road, you hadn't left the road and gone to a parking area. https://www.gov.uk/using-mobile-phones-when-driving-the-law Tagging @Man in the middle -
By Unknown2024 · Posted
I will grab this shortly just need to redact the information. Will look this up in the meantime thank you, and definitely intend to have representation at the appeal -
By Pedrosovich · Posted
Can anyone advise please Police car stopped me on a village road near my home as they saw me using my phone. I was pulled up at the side of the road but there were temporary traffic lights ahead of me and they had come round the corner and drove past me in the opposite direction. I had just entered another village and was looking for a restaurant I had once been to so was looking at my phone for directions. I was not driving whilst using my phone so obviously I am not happy with the 6 points or a fine. I am currently not living at the address and have been handed what appears to be a second letter saying I have 7 days to accept the points and fine or the case will go to the magistrates court. While I am sure many will say just take the points it is not worth the hassle to challenge, I will not be able to sleep at night knowing I have been wrongfully punished and accepted it like a coward. Please help :)
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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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
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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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