Jump to content


  • Tweets

  • Posts

    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
  • Our picks

renegadeimp

Quick question regarding Speed Camera vans

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2468 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

A woman i work with called me this morning to tell me that she thinks(knows) she was caught by a speed camera van doing 50 in a 40 mph area this morning on her way in. The area is not residential and is fields on one side and a van sales garage on the other.

 

The reason for posting is she has asked me, but im not too sure, if/when she gets a speeding ticket through the post about this offence, will it be treated the same as a ticket from the police/courts and would she have to declare it on any future insurance applications? I ask because with some traffic stops by police themselves, i notice how they get a simple ticket, but the officers state that it doesnt have to be declared. It's more or less a slap on the wrist and "dont be naughty". Only if its not paid will it then be sent to court and be declarable.

 

 

I told her i would ask here for advice, as she's pretty concerned about it.

 

 

Edit: She has every intention of paying the ticket amount if/when she gets it, she just wants to know if a momentary lapse in concentration on her way to work will cost her years of increased premiums?

Edited by renegadeimp

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

The road in question is the A5104 and goes from 30 near Saltney Ferry Road, to 50 until you reach the "slow" markers on the road, where there is now a 40mph limit and sign in place until the roundabout (Google maps is almost 4 years out of date). The camera van was located at the bus stop at the junction with Bretton lane.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

If she was caught by the camera van she'll get points and a fine that will HAVE to be declared to insurers. If she's lucky she may get offer of a speed course which costs roughly same as fine and doesn't come with points. That doesn't need to be declared. Most insurers won't be too concerned with 3 points but may increase premium by a few quid unless she's recently passed test and is fairly young in which case it'll be a bit more.....

Share this post


Link to post
Share on other sites

I have a bit more info off her, and some conflicting info reading around various sites.

 

The front of the van was facing her, with the blacked out windows facing away in the direction she was going. Some sites say that they only catch speeding vehicles travelling towards the rear of the van, and not the ones that were driving towards it in the opposite direction. How accurate is this info?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Not a clue regarding direction of travel - but she'll know one way or another in 21 WORKING days from date of offence. If no fine by then she's ok

Share this post


Link to post
Share on other sites

I thought it was 14 days? Well, not exactly 14, but they had to send the NIP or whatever its called now and show that by all reasonable methods it would have been delivered in 14.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Could be 14, I thought 21 but always willing to learn. However usually turns up in less than a week

Share this post


Link to post
Share on other sites

Thats cool. I'll pass along the info. Thanks. The funny thing is, she's a good driver too. Never speeds either. She was probably just going by the road conditions and this time her speed crept up. But as they say, all it takes is one error of judgement.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

NIP must be served (ie delivered) within 14 days. If it's posted in good time but arrives late due to a postal delay the offence cannot be prosecuted - Gidden refers (assuming it was sent by first class post, as most are). The catch is that in that situation the onus is on the defence to prove that it arrived late.

 

Some vans only have cameras pointing out of the back door, others are adapted so you can point a camera out of the front as well. Time will tell whether this one saw her.

 

Any policeman who told you that you don't have to declare a speeding penalty to your insurers was talking rubbish. Possibly you're thinking of endorsable offences (ie those which attract penalty points) vs non-endorseable ones. Speeding is an endorsable offence and a conviction (whether by way of court or a fixed penalty) will always have to be declared to insurers. Some offences (eg broken lights, no MOT, no seatbelt) are non-endorseable and while in theory there's no reason why insurers couldn't ask for details of those tickets, in practice they only tend to be interested in endorseable ones.

 

That said, if she was only 10mph over the speed limit or so, and this wasn't in Scotland, she will likely be offered a speed awareness course instead of a fixed penalty. This would cost her a few hours of her time, but it would avoid points on her licence, and it doesn't count as a conviction and most insurers won't require her to declare them - though a few (Admiral spring to mind) do so she should check the small print of her policy carefully.

Share this post


Link to post
Share on other sites

just for information the speed awareness course that can be offered instead of 3 points and a £60 fine costs £86.95. it is a 4 hour course sitting listening to someone telling you why you should not be speeding.

Share this post


Link to post
Share on other sites
The funny thing is, she's a good driver too. Never speeds either.

 

She should see a solicitor then as there is something definitely wrong.

Share this post


Link to post
Share on other sites
She should see a solicitor then as there is something definitely wrong.

 

She was the one that told me she thinks she was doing 50 in a 40 zone. Thats why she asked me if i knew how the camera vans worked. She has no problem if she got caught. She's a very fair and down to earth woman who wont lie. She just wants to know IF she got caught. I know none of us know for sure, but more-so the chances that she got caught by one of the GoSafe vans. Hence my reason for asking about the direction they faced.

 

Again, the van was facing towards her on her side of the road, with the camera window facing her direction of travel. I'm fairly sure she did get caught, she just wants to be sure, so she can expect the letter and deal with it promptly.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

The police would normally apply the ACPO guidelines of 10% plus 2 before procecuting, I think the vans are supposed to use this too but I have heard of many people being procecuted for smaller transgressions! 40 limit would mean procecution wouldn't come in till 46mph. If she is right that her speedo was showing 50mph, then her true speed would be 46 - 47mph. This puts her at the borderline ofr procecution.

 

I'm afraid all she can really do is wait the 14 days now. (assuning the V5 is in her name and address?)

Share this post


Link to post
Share on other sites

Yea, its all in her name. She was the one who called me saying that she thinks she was caught as she looked at her speedo and it said 50. As i said, she's a good woman, if she did speed, then i know she'll take it in her stride. The reason she was asking me to find out, is her husband is pretty ill right now, so she wants to make sure its dealt with as far as possible so he doesnt have to worry about it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

You may be fretting over nothing. These vans are more commonly doing ANPR surveillance than speeding, they want the speed traps to be visible as a warning/deterrent and almost always have a police car/motorcycle further up the road to do an on-the spot ticket and telling off. However, your car may now be recorded on their computer as being one to watch for speeding so getting cought twice may get you a ticket through the post.

Share this post


Link to post
Share on other sites

Like i already stated, she's willing and ready to admit it if/when she gets the ticket. She just wants to know the chance of being sent a NiP, so she can get it and pay it/do the awareness course before her husband sees it. As i said before, her husband isnt well at all and is due to have surgery in the next couple of weeks, so she wants to catch it and avoid any stress to him. Her husband hs always been the kind of person that worries about police presence etc, due to some incident a LONG time ago when he was a teenager.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
You may be fretting over nothing. These vans are more commonly doing ANPR surveillance than speeding, they want the speed traps to be visible as a warning/deterrent and almost always have a police car/motorcycle further up the road to do an on-the spot ticket and telling off. However, your car may now be recorded on their computer as being one to watch for speeding so getting cought twice may get you a ticket through the post.

Eh? A speed camera van will almost never be associated with a stop - you'll get a postal NIP from them. An ANPR van looking for insurance/tax dodgers may have a couple of uniformed plods stopping miscreants up the road though. And Either the van recorded her speed or didn't. If it did she'll get a NIP. If it didn't how are they going to know to record her on their computer? And in any event a computer record of cars to watch for speeding would achive? Do you think when the van operator sees a car coming towards him he punches the reg number into his computer to see if he should point his speed gun at it?

 

Of is this a variant of the "you don't get a NIP the first time you get caught" myth? If so, file it alongside "you can't get pregnant the first time".

Share this post


Link to post
Share on other sites

No, it is from knowing the difference between the 2 vehicles and what they do. A spot just down the road from where I live is one of the most common haunts for the ANPR van in the country and for good reason but rarely have other police vehicles nearby unless they are doing a high profile operation like a tax disc dodgers day. However, the speed trap vans are differently marked and have motorcyclists pull over the miscreants (like my daughter). Things may be different in other constabularies but here on the Met/Surrey borders it is rare to get just a letter through the post other than from a hand held device operated by 1 copper and a couple of PCSO's to take down numbers.

Share this post


Link to post
Share on other sites

I have never known the speed safety van (sic) work in tandem with police vehicles. As far as I knew these vans always just zapped you, then you get a FPN next week. Why would they need the offending vehicle to be stopped at the time?

Share this post


Link to post
Share on other sites

Just a quick update. Saw her this morning and she hasnt had anything at all regarding the speeding. She's going to take this as she's been very lucky and she's watching her speed all the time now.

 

She decided to tell her husband about it, and he's been really calm about it. He was more concerned that she didnt tell him in the first place, as he doesnt like secrets between them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

it was more likely an ANPR doing insurance/tax/MOT statuses on cars

Share this post


Link to post
Share on other sites

Very likely. But it pays to be wary. Especially where North Wales Police are concerned.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...