Jump to content


  • Tweets

  • Posts

    • do a chargeback to your bank if temu want it back then they'll write and ask for it. 9/10 they dont bother. dx
    • No reminders are required by law. As a result of that, whether the police say they sent one or not, whether they actually did so or not and whether you received it or not has no bearing on the matter whatsoever.  I have explained what to do in the third paragraph of my post #22. You don't need to do any more than that. The most likely outcome is that your offer (to plead guilty to speeding if the FtP charge is dropped) will be accepted by the prosecutor. What happens next is for the court to decide. This "deal" is done every day in courts up and down the land and all court users (prosecutors, Magistrates and their legal advisors) are familiar with it.  Although I said you could not ask to be sentenced at the fixed penalty level, that was incorrect. There is nothing to stop you asking (and if you do, you should mention it under "Mitigation" when you fill in your return). You can mention the circumstances you were in when you returned the request for driver's details and suggest that is why the error with the stamp may have occurred.  My feeling, however, is that your request will be denied. If it is, you will face sentencing under the normal guidelines. These suggest a fine of half a week's net income (reduced by a third for your guilty plea.- so one third of a week's income). You will also be ordered to pay a "Victim Surcharge" of 40% of the fine and prosecution costs of around £90. You will also have three points imposed on your driving record. You may be lucky and encounter a kindly Magistrate who settles on the fixed penalty equivalent or you may see something in between (with perhaps the prosecution costs left off). But the worst case is as in the previous paragraph. There's no need to fret too much over this. The important thing is to make sure you plead not guilty to both charges and make it absolutely clear that you will plead guilty to speeding only if the other charge is dropped. You may be asked to attend court or it may be handled under the SJ procedure. I don't know how they work this matter in South Wales.
    • The problem that I'm having is with Temu. I ordered a cat tree (£152.98) that I want to send back as it's too small for them/not as advertised/flimsy. I would never have paid that amount if I'd known what poor quality/ how small it was. I have contacted Temu about this numerous times, they did get back to me once but they didn't actually help me with their response. I tried to get in touch again but the emails only ran one way so I couldn't get back to them and tell them that they haven't answered me correctly on how to get the cat tree sent back to them. I have attached the emails correspondence into this post. Thank you in advance for the help and support.    Temu email.pdf
    • Stu007. Many thanks for your reply. They have supplied all the necessary documents so it looks like everything is above board.  Many thanks for the link, once again everything seems above board.  I have received a second claim form today as it says the one they sent me did not refer to my tenancy. Ill look at the details later   I have filled out the defence form, took pics, i will redact it later and post the pdf.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

Are These Road Signs Illegal ?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3776 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

It was not a case of trying to look clever, it was a case of are there more than one infringements of the regulations occuring ? and then requesting advice about that; but because someone has a bit more knowledge than most on a subject it does not make them infallable, so why make sarky remarks such as "I didn't realise that you had done a survey of cctv cameras in the uk, or is the fact most are automated something else you have just made up?".

I do not just make scurrilous statements I quoted something I had read, although at the moment I am unable to find exactly where that statement come from.

Ref the TheBus Lane Enforcement Camera Handbook, which you state as my use of information being "mentioned in a handbook intended for those manufacturing cameras"

It is also "mentioned" in the Department of Transport's Provisional guidance on bus lane (includingtramway) enforcement in England outside London. November 2005 (revised February 2008).

5.11. Guidance on automatic bus lane enforcement systems is also given by the Home Office Scientific Development Branch (HOSDB) in their publications The Bus Lane Enforcement Camera Handbook – Provisional.

So it is not just some throw away publication as you seem to suggest, as for the Violation record, it is A record containing all the evidence of an offence produced by a bus lane enforcement camera, so maybe it does have some significance.

Anyway I have contacted to Council Parking Services who deal with these PCNs prior to the 14 days reduced "fine" deadline and outlined my concerns about the signage and also the day of the week situation on the PCN and requested that the PCN be revoked and advising them that I am prepoared to continue on to the official appeal hearing and if required onto PATAS, which they have advised me they have received and are now considering the points I have made and will be back in contact with me.

 

The camera used for your PCN was not automatic so none of your points are valid neither is Luton in London so threatening to go to PATAS will probably give them a good laugh.

Link to post
Share on other sites

  • Replies 137
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just make sure that you know exactly what the legal requirements in your circumstances are, and are able to produce them.

 

 

This may help: www.legislation.gov.uk/uksi/2005/2756/contents/made

 

Thank you for that Raykay, I have already used that in my research so far and found it very helpful.

Link to post
Share on other sites

  • 1 month later...

Just to let everyone know that I have had my wife's Bus Lane PCN quashed.........Victory !!!

Thank you to all who have positively contributed and advised which all helped and encouraged me to appeal, and to those who gave negative opinions and so called advice "YOU WERE WRONG !!!!!!"

They have stated that "A contravention occured and that had been correctly issued under the Traffic Management Act 2004." However, because I had pointed out that there was not a "No Left Turn" sign in place when exiting the side roads, they were prepared to accept my representation and on "this occasion only" cancel the PCN and they advised me that a "No Left Turn" sign is in the process of being put in place. They then continued that "Although the sign is not currently in place, it has no relevence to the issue of our PCNs as all our signs that advise motorists of the bus lane are in compliance with regulation." and then finished with "To confirm this Notice has been cancelled on this occasion only as a gesture of good will."

 

Yeah Right !! Do they really think I believe that if they were in the right they would be "In the process" of putting a "No Left Turn" sign in place and that if their signs were in compliance with regulations the PCN would have been cancelled ?

I had also questioned some of the other signs with the fact that the signs showing were for "With Flow" Bus Lanes whereas this particular bus lane is registered as a "Contraflow" bus lane and therefore should have different signage..................none of this was addressed in the reply. I think you can draw your own conclussion from this.

 

Anyhow, as I said the PCN has been cancelled and I thank everyone who gave positive advice and opinions for their help.

Link to post
Share on other sites

Good news BUT strange explanation.

 

If they say that "A contravention occured and that had been correctly issued under the Traffic Management Act 2004." and "To confirm this Notice has been cancelled on this occasion only as a gesture of good willi", why are they going to the expense of putting a "No Left Turn" sign in place?

 

Just didn't want the risk of loosing at the adjudicator!

 

Link to post
Share on other sites

yep has said all a long how many more had this happed to, its a way of making a good income, but now its been challenged they will have to put things rite.

 

Maybe a letter to you local rag would be in order? Maybe others in your position could do the same as you!

 

Link to post
Share on other sites

No doublt the 2 posters who kept badgering you to pay up will be along shortly to appologise!

 

I won't hold my breathe !

I think I may be sending a letter of thanks for cancelling the PCN and then reciprocating the "Gesture of Goodwill" by advising them to contact the Department for Transport and perhaps even the Home Office to question their belief in having compliant signs for this Bus Lane, because all of the signs and road markings are only compliant for a "With Flow" Bus Lane but NOT for a "Contraflow" Bus Lane which they have registered this Bus Lane as.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...