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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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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
      • 161 replies
    • 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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Millions of motorists face £100 FINES when new laws come into effect on FRIDAY !!


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Personally, i would have liked to see another punishment. If you get caught 3 times in breach of the highway code

 

The problem you have there is that the Highway Code is not law, but simply a set of rules and guidelines (except of course where the rule is backed up by a traffic order or regulation), apart from which not all aspects of the Highway Code are factually correct or enforceable.

 

But back to the original point is the fact that it is not the rules that have changed, it is the way these rules are enforced. Centre Lane hogging has always been an offence, in particular under a sub section of section 3 or the road traffic act, driving without reasonable consideration for other road users, and i was booking people for this offence back in the 70's and 80's.

 

A recent survey (I think by the IAM) has revealed that 1 in 10 drivers believes that lane 1 is for HGV's only. That goes to show how lazy and uneducated the motoring public are by and large.

 

I was the guest speaker a few weeks ago and the subject was raised and I was asked for my opinion. I threw it back and asked them what they thought the Highway Code said, and the number that responded that it said Slow, fast and overtaking was astounding. 99% did not realise that lane 1 is the driving lane and lanes 2 and 3 were simply overtaking lanes, and then I pulled out a few pictures of Motorway crashes I have dealt with over the years which have occurred as a result of drivers hogging lane 2 and it made a few people take notice and a few cringe.

 

The same with hand held mobiles. The number of people I see with a phone glued to their ear, which is not only a giveaway, but also causes a physical reduction in the control of their vehicle, and yet for 5 or 6 quid they could get a Bluetooth, but they are quite happy to put themselves and others at risk by continuing to use a hand held, not to mention that it is usually these morons who are the first to moan when they get caught and fined!

 

Sorry, I will get off my soap box now, rant over

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Sorry, wrong terminology. "Against the advice of the Highway Code"

 

To be pedantic, I don't believe that middle lane hogging is explicitely prohibited with its own section in statute. It comes under the general rule of "driving without due care & consideration for other road users" which is what you would get a FPN for if you undertook like the idiot did when undertaking Tryst

 

The Highway Code is not law, except where the rule is supported by an act and section, traffic order or regulation.

 

As far as lane hogging is concerned, you ate right it is covered under section 3 of the Road Traffic Act as I have already mentioned but as undertaking is concerned, as someone else has rightly pointed out, undertaking is not illegal, in fact the specific offence was removed from the 1972 Road Traffic Act and it became a requirement that to prosecute that the standard of driving fell well below that expected of a reasonably safe and competent driver. The simple act of undertaking is insufficient on its own, but if it was at excessive speed or weaving from lane to lane, then that might well justify a prosecution.

 

But there is a statutory duty of care on the part of the drivers in the outside lane to ensure that it is safe to return to the nearside lane (There is no such thing as a fast lane on a Motorway btw)

 

Even the civil courts are starting to accept this now as I have had a couple of crash cases where the motorcyclist has been undertaking and a vehicle returning to the nearside lane without having first checked that it was safe to do so but had been witnessed as having spent an unreasonable period of time in the centre lane when not overtaking, has been held liable for causation

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BTW, when was that removed?

 

Another good reason for repeating the theory test every 4 years, as with US licenses. So you can keep up to date with the latest changes to the Highway Code and the law.

 

The clue to the first part of your post as to when it was removed? 1972 Road Traffic Act?:roll::whistle:

 

In respect of retesting, it was seriously considered a few years ago, and I remember it clearly because I was one of a number of advanced examiners who were approached and asked if we would be interested in becoming re-test examiners as the logistics would place too much strain on the existing system as the DSA examiners would not be able to cope with the extra work load.

 

Then someone in Government pointed out that making drivers sit a re-test every 5 or 10 years would be a guaranteed vote loser, and so it was quickly and quietly dropped.

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I personally am glad the these new laws have come in to effect.

 

What new laws? I repeat my earlier thread, it is not the legislation that has changed (the offences have always been there) it is simply the way it will be enforced!

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In view of the 100 car pile up in Kent this morning, if I come across a thick bank of fog I must admit I would think that using the middle lane will be the safer option. I have seen what two HGVs can do to a car that is crushed between them.

The car was travelling slowly in the slow lane when a HGV caught up with it and rear ended it and pushed it into the HGV in front who was also travelling slowly due to fog!

 

So you are a driver that still refers to slow lane, middle lane and fast lane? There is no such thing. We have a left hand driving lane and 2 overtaking lanes, and that is all they are "Overtaking lanes"!

 

Lane 1 (The left hand driving lane) is 99% of the time the safer option as you have the hard shoulder as your escape route, but by using the middle lane leaves you with very few options.

 

Anyone remember the big pile up on the M4 in 1991 when 25 burnt to death? I was first on scene and watched all of them burn alive (not a pretty sight) because our fire extinguishers were no match for the blaze. The majority of those who died were in the middle lane simply because they treated it as a cruising lane.

 

Had they used lane 1 which was empty, many of them would still be alive today.

 

So sorry, I have to refute your argument.

 

I conducted an advanced test the other day. Driver got most upset when I failed him because we travelled for over 4 miles in the middle lane when the inside lane was empty. True he was given bad instruction as well, but as an experienced driver he was actually quite embarrassed, but given the views expressed by many on this particular subject, it goes to prove that there is a serious lack of understanding and knowledge in respect of Motorway driving.

 

Spend 24 hours working the Motorway and opinions would soon change, but some drivers really do need some serious re-education!

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TC just to enlighten you, I passed my advanced driving licence many years ago when I served in the police force as I drove pursuit cars. That test is far more stringent that any advanced driving test available to the general public.

If one refers to the inside, middle and outside lane many people are confused, but using the terms "slow, middle and fast lane" every one understands however if you wish to be pedantic that is your option.

BTW if the driver you failed was taught by an advanced driving instructor, that instructor should have their advanced driving licence revoked!

 

I am fully aware of the requirements of the Police advanced standard, I qualified as an instructor during my service, and I have been an advanced examiner for over 30 years.

 

But now that you have taught me to suck eggs and revealed your background, it is shameful that in one sentence you undo a lot of work done by many others in trying to educate the motoring public in Motorway driving by returning to phrases and descriptions that have never existed. You of all people should know better, and yes call it pedantic if you wish, but when it comes to driver education, there is no half measures, and you of all people should know better.

 

And in respect of the tutor who taught the test candidate, yes, he was reported to his group, and again given your background you of all people should know that there is no such thing as an advanced licence!!!! :roll:

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I think you are now being very childish and showing your immaturity!

 

Fine, think as you wish, but for someone who is supposed to be as qualified and as experienced as you claim, then you should take a good look at yourself, because it is people like you that do more damage than those less fortunate to have gone through the training that you claim you have done, and should know better.

 

Pot calling the kettle black springs to mind, but in any case I am not going to enter into a slagging match on a public forum with someone like you, as it is clearly you that is being childish with your lame comments and observations. Just a shame I cannot block people like you.

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