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    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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    • Have had a read up just to double check last day to file defence is 24 June (claim form date is 22 May)
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    • Hello,

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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.
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likely outcome of speeding


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hello eveyone

 

Can you help??

 

I have received a NIP as I am registered keeper. My 22 year old son was driving which I have declared and sent the form back within two days of receiving it.

 

My son is a named driver on the car and the car is fully legal.

 

My worry is that in July 2010 my son had an 18 month ban and fine for drink driving. this has now all passed and he has been a responsible driver since getting his licence back in 2012. He attended the drink driving course and learnt from his immature mistakes.

 

. When they issue the punishment for this speeding offence will the DR10 have an impact on their decision?

 

Thanks a lot

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I wouldn't imagine so he will more then likely receive the same penalty points as anybody else, all depends on how far over the speed limit he was doing what the outcome will be. I dont imagine he will be offered a speed awareness course so will be an automatic fine and points.

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He should be offered a speed awareness course for 58 in a 50, assuming he hasn't done one in the last 3 years. Previous driving history, and courses other than speed awareness courses, are not taken into account.

 

If he can't do the course for any reason, it will be 3 points and £100.

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There's no reason why the office processing the automatic tickets would even know about the previous offence, until they see his licence, but they make the decision about the fixed penalty before that.

 

Therefore, it's unlikely at that level of speeding that he'll get any more than SP50 with 3 points and a standard fine.

 

There's every chance that he could be offered a speed awareness course as an alternative, as long as he qualifies, because the speeding is not above the 'serious' limit. It is possible that the drink-driving course would rule him out but I don't know for certain.

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you are only offered a course if you have not been on one already within the last 3 years, in Cambridgeshire it is £87, no driving is involved

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Can depend on the police force in that area, from what i was led to believe each force has its own criteria in regards to how far over the limit you where to if they offer you a speed awareness course. I got flashed in Manchester doing 36 in 30 (was lost, it was dark and i was scared and had no idea what the limit was plus my dashboard light failed about 30 mins earlier) i got offered the speed awareness course. Was later quashed due to a clerical error, they had uploaded the wrong image of the camera i was caught on which showed a different road to the one i was apparently driving on.

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I believe all forces are supposed to have now standardised the level at which speed awareness courses are offered. I think it now stands at limit + 10% + 6. So in a 50 limit the course should be offered up to 61mph

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  • 1 month later...

Just an update,

 

My son got three offers and has to choose only one they are:

 

1. 3 points and £100 fine

 

2. speed awareness course which will cost between £70 and £100 and must be booked within 28 days of letter. - no points -it says the course is approx. 4 hours long

 

3. a court appearance

 

He is choosing number 2!!

 

Thanks for your help everyone on cag x x x

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Hi,

That is good for him. The course has to be the way to go. When he has it, would you get him to say what happened. Just being nosy as I haven't heard of anyone who has done the course.

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I did the course about 5 years ago, usual story just got flashed on a Gatso -37 in a 30, 6 hours of unmitigated boredom, patronising and a reminiscence of my days in Primary school in the 1950's. Did I learn anything? not really, the "Tutors " were unmitigated muppets whose technical knowledge was suspect anyway, didnt know the various speed limits for commercial vehicles for example. I suppose the only positive thing is it does make you aware of Gatsos and the like and sneaky camera vans and it does save getting points ! My "cost" at the time was £60.00

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I did the course about 5 years ago, usual story just got flashed on a Gatso -37 in a 30, 6 hours of unmitigated boredom, patronising and a reminiscence of my days in Primary school in the 1950's. Did I learn anything? not really, the "Tutors " were unmitigated muppets whose technical knowledge was suspect anyway, didnt know the various speed limits for commercial vehicles for example. I suppose the only positive thing is it does make you aware of Gatsos and the like and sneaky camera vans and it does save getting points ! My "cost" at the time was £60.00

 

Well I hope it's changed since then as that sounds ridiculous. Speed awareness and the results of speeding should be the most important part of it however, the saving of the 3 points is very useful.

 

I can say, hand on heart that I don't deliberately speed. The problem is that if you stick to the speed limits, you spend too much time looking at the speedo and not the road. At one stage, you could listen to the engine noise and know what the speed was. No longer.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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did one recently, was 4 hours long and no driving involved. Yes while it is boring it is better then getting points an your licence and informing your insurance company thus increasing your premiums and was surprised to learn of all the new rules that are now enforced in the Highway code.

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I would have taken the 3 points and paid the fine as less hassle and insurance companies seem to ignore SP30 for speeding. I could take bening cooped up in a room for a couple of hours listening to some moron droning on aboutr nothing. However I have no recent offences. :-)

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It used to be true that a single speeding offence didn't usually affect your insurance premium, but it's increasingly not the case

 

http://www.telegraph.co.uk/finance/personalfinance/insurance/motorinsurance/9146173/Car-insurance-costs-rise-by-up-to-20pc-for-first-time-speed-offenders.html

 

At least part of the reason is speed awareness courses. Once upon a time 3 points meant you'd been caught speeding once, and that quite likely you were just over the speed limit. Nowadays most people in that position do a course, so if you have 3 points it probably means that you've been caught twice and/or you were quite a long way over the limit.

 

The increase is likely to be greater if you have other convictions or you're otherwise high risk, and a young person with previous for drink driving is already about as high risk as it gets.

 

Someone will doibtless pipe up that insurers nowadays treat speed awareness courses as convictions anyway, but that's actually only true of a handful of companies (Admiral mainly), and they'll have to stop soon when the changes to the Rehabilitation of Offemders Act mean that alternatives to prosecution will be treated in the same way as cautions and will become spent immediately.

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  • 1 month later...

My son attended the speed awareness course today. He was given a booklet to complete throughout the four hour session. There were two speakers that spoke about stopping distances and speed limits. He said he had to have discussions with the people on his table about how they would respond to given scenarios.

 

 

There was a little interesting information but mainly boring anyway it saved him getting 3 points.the course cost £97

Thankfully it's all over now.

Thanks for all your responses which were very useful when entering the unknown.

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