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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • 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  
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    • 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
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Got caught stealing at boots and sent to custody police


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I think the only thing the OP can do is to be honest with the Entry Clearance Officer when they seek re-entry into the UK. Or perhaps try to speak to UKBA about what is likely to happen, so they can make preparations accordingly.

 

To be honest, if you steal something of that value whilst on a student visa (and thus a guest in this country) then there have to be consequences for that criminal action. Much better - in my view - to see the authorities doing due process than to have the likes of RLP dishing out their saloon bar justice.

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I took it to mean that using RLP is wrong.

 

That "Civil Recovery" (in and of itself) isn't wrong.

The retailer can call the police and there is the criminal justice system (including the use of cautions)

That there is the civil justice system, and if the retailer incurs losses they can go to court, and recover those.

 

But that RLP isn't the retailer, and doesn't exist just to recover only the retailers actual loss, but takes its "cut", that it sometimes asks for monies it isn't entitled to (as in the Oxford case)

 

That is exactly what I meant.

 

I find RLP's practices as reported on here deeply disturbing - and frankly (as a non-lawyer) am astonished they are legal. It is deeply objectionable; I'm not sure how it differs from extortion.

 

But - and this isnt meant as castigation of the OP especially - I have no issue with your visa being rescinded, I'm afraid. There doesn't appear, from what you post, to be any mitigating circumstances around your theft (nor do you seem especially apologetic for it). Whether that will happen I can't advise, but I think you have little option but to come clean with UKBA. If you're lucky they may judge that a caution is insufficient to nullify your visa. But I wouldn't bet on it.

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The UK Council for International Student Affairs [http://www.ukcisa.org.uk/] say the following on their website:

 

"Criminal convictions, driving offences

 

Being convicted of a criminal offence in the UK may have serious consequences for your current immigration position. Your current permission to stay can also be curtailed in some circumstances.

 

You will also need to declare any criminal convictions on any future immigration application. Applications for entry clearance or further leave to remain in the UK can be refused on the basis of a person's criminal history.

 

Certain punishments other than a prison sentence, such as fines, police cautions and being disqualified from driving, count as non custodial sentences for immigration purposes, and can also be treated very seriously.

 

If you are in trouble with the police, we recommend that you seek legal advice from an immigration specialist, as well as from a criminal law solicitor, as soon as possible. It is important to establish what the consequences may be for your immigration status if, for example, you are convicted of an offence or accept a caution. If you are about to make an application to extend your immigration permission, or if you have already made an application and you are waiting for a decision, seek advice. Your International Student Adviser may be able to advise you or help you to access more specialist advice."

 

So depending on if you need to re-enter the UK during your studies (when your immigration status might potentially be reviewed), you might also seek out some professional legal advice (or the Citizens Advice Bureau) to see what your options are.

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