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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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      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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    • 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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Hello All,

 

I want to find which insurance agency is the house I am renting insured with? For a furnished house, is it binding on LL to provide this information.

 

Thanks for your reply.

 

Regards

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My agreement reads as

 

 

"Assured Short-hold Tenancy Agreement

as defined in section 20 Housing Act 1998".

 

 

 

Is this any different kind of AST which absolves the landlord from his obligation to protect my deposit with DPS ( or others ). Just wondering if this is a trick of the LL.

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How can I ensure maximum penalty for not getting any GSC at all in last four years, let alone last two years?

 

LL has not provided the EPC and the last bi-annual gas servicing. He said he will not get the gas serviced because I am in the house on rolling basis and only after I sign a full 12 months contract will he get the gas serviced.

 

Will these additional info help press for maximum penalty?

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Annual GSC has nothing to do with bi-annual or any gas servicing of appliances. LL is not obliged to service safe, working appliances. Unsafe gas boilers ie combustion gases, flue adequacy and gas pressure are all covered by GSC.

HSE may be interested if annual GSCs not obtained but penalty for first offence will be minor. IMO.

Whilst 10 yr EPC is required to be avail at start of new T, again LL is not required to make any suggested improvements.

You seem to want to cause LL max grief, yet you have revealed nothing about your Tenancy or are your varied questions academic?

If you are dissatified with LL, suggest simplest & cheapest option would be to vacate as soon as you can.

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Hello Mariner. Thanks for your reply. My house has warm air heater. The air is heated using gas combustion and exhausted through a small window/outlet in the upper rooms . Is this appliance supposed to be serviced bi-annually.

 

My LL has never got GSC for last four years, which means he has kept me in a risky place. He had no right to take risk on me and I am grieved about it.

 

Also can you please tell me if the rent is due on first of each month, then how many grace days do I get to make payment by?

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Hello Raydetinu,

 

Just as DPS, TDS and Mydeposit keep history of deposits protected, are there similar central organisations where GSC records are archived. How can I find if a GSC certificate was issued for the house I live in. I asked the LLand he said that he has lost it and only forgot to give a copy to me.

 

Thanks

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Thanks Mariner for asking that question.

 

Would that make a difference Mariner? Can you please tell me what rules would be applicable in each case?

 

Also are there central organisations where GSC records are archived?

 

Thanks

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Not that I am aware of, however copies should be kept at the property, given to tenant.

if lost or misplaced, copies can be obtained from the checking engineer/company that did the inspection; phone call to them would do.

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With regards to the clause in typical AST contract "The Tenant indemnifies LL against all damages that arise from breach of any term in this contract", till what date after the conclusion of contract is this applicable.

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3 seemingly unrelated questions relating to one Tenancy - LL Ins Co ID, GSC and AST Indemnity clause.

 

What are you trying to achieve or are the Qs purlely acagemic?

 

I can only assume the indemnity clause is valid for as long as tenancy continues as AST T&Cs are carried over to SPT.

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Hello Mariner,

 

Many Thanks for your reply. I am asking all the questions in one thread because as per the boards etiquette, there should be one thread per tenancy.

 

I would like to know weather I can raise a complaint with HSE about lacking GSC certificate after my tenenancy has ended.

 

Thanks for your reply.

 

Regards.

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