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    • Well I sent them the letter of claim, the only responses so far was a few emails reopening the claims on the parcels where they asked for information such as proof of value (which I get) but other things like photos of the parcels, which I haven't got as I never took photos of them. It's been well over the 14 days since I sent the letter now anyway, so what do you think I should do now?
    • Know it has already been answered, but? Does not explain why JCI has registered a different default date when they get the information from the original creditor, Virgin
    • Since you were stopped at the time there is no requirement for the police give you anything there and then or to send you anything before they have decided how to deal with the offence.  They have three choices: Offer you a course Offer you a fixed penalty (£100 and three points) Prosecute you in court  The only option that has a formal time limit is (3). They must begin court proceedings within six months of the date of the alleged offence. Options (1) and (2) have no time limit but since the only alternative the police have if you decline those offers is (3) they will not usually offer a course beyond three months from the date of the offence and will not usually offer a fixed penalty beyond four months from that date. This is so as to allow time for the driver to accept and comply with their offer and to give them the time to go to option (3) if he declines or ignores it.  Unless there is a good reason to do otherwise, the action they take will usually be in accordance with the National Police Chiefs' Council's guidance on speeding enforcement. In a 40mph limit this is as follows Up to 45mph - no action. Between 46mph and 53mph - offer a course Between 54mph and 65mph - offer a fixed penalty Over 65mph - prosecution in court So you can see that 54mph should see you offered a fixed penalty. Three weeks is not overly long for a fixed penalty offer to arrive. As well as that, there has been Easter in that period which will have slowed things down a bit. However, I would suggest that if it gets to about two months from the offence date and you have still heard nohing, I would contact the ticket office for the area where you were stopped to see if anything has been sent to you. Of course this raises the danger that you might be "stirring the hornets' nest". But in all honesty, if the police have decided to take no action, you jogging their memory should not really influence them. The bigger danger, IMHO, is that your fixed penalty offer may have been sent but lost and if you do not respond it will lapse. This will see the police revert to option (3) above. Whilst there is a mechanism in these circumstances  to persuade the court to sentence you at the fixed penalty level (rather than in accordance with the normal guidelines which will see a harsher penalty), it relies on them believing you when you say you did not received an offer. In any case it is aggravation you could well do without so for the sake of a phone call, I'd enquire if it was me.  I think I've answered all your questions but if I can help further just let me know. Just a tip - if you are offered a fixed penalty be sure to submit your driving licence details as instructed. I've seen lots of instances where a driver has not done this. There will be no reminder and no second chance; your £100 will be refunded and the police will prosecute you through the courts.
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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.

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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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DLA.... is it worth the stress?


Fleur007
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Hi, I applied for DLA on 12th Dec 2012 after spending over 6 months "signed off from work" due to Plantar Facilitis and Heel spurs.I am not able to walk or stand up without pain. I went to the Doc's with this 18 months ago, ive had steroid injections, Lithotripsy treatment for 4 wks, x rays, ultra sound, the whole shabang....I am now waiting for PRP injection, if this does not work, my consultant says its MRI scan and the dreaded surgery, to release my Plantar...I had a visit from the DLA Doctor last thursday 22 March, 3 months after my application! I read on the web about PF and HS and it says, its a condition, that "just goes away", lol, my consultant however says i have a resistant case. I am used to working, not claiming benefits!!!! I want to work, but am faced with DLA Doc, checking my arms to see if im a drug user, looking around my home to see if im a liar. Unable to earn my own money and rely on benefits, ESA at £70 pw, forced to pay a bedroom tax for a room that cannot fit a bed, wardrobe and chest of drawers (a boxroom) and council tax! in April... how am i supposed to live on what i'll have left? How am I supposed to work, when I cannot walk :(...I also have a teenage Autistic Daughter, she helps. But im supposed to be helping her. How do these benefit changes help folk like me? the folk the changes are aimed at, will still drive their Mercedes, wear their labels and have their I phones....and the folk who need dla will not get it, to pay for the others.....:mad2:

 

Fleur x

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ty consumer dude, ive not had a reply yet, i only had the assessment on last thursday.... I just was saying it feels like a waste of time. I know its for how the condition affects a person, just wondered why the Doc checks arms to see if they are a drug user? And how a 60 min visit can go towards the decision makers decision!!!! I read online how the Doc's check for eye contact, and state of home and yourself on the visit, if you appear anxious or worried etc.... how is that looking at the condition itself?

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sorry to read that Nystagmite, :( The Doc told me ALL claims now have to have an assessment... prolly cause of the new rules and the change from dla to pip.... i did ask if id have to go through this all again in April, to which i was told, i wouldnt. I know ive waited a long time, they asked for a report from my Consultant, who was in India at the time for 3 weeks, then my GP, who rang me and asked me to come in to fill in the forms??? which i did with a HCA.... It has been a long wait. I know there is millions worse off than me. I just want to be able to walk and go back to work..... not go through this ......... (i didnt swear) :p

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