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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.  

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      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.

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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.
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      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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58mph in a 50mph - i'm an idiot I know, but any idea of the fine?


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Ok, I know I was in the wrong, I have not had a speeding ticket in over 10 years, I am normally very observant of the speed limits.

 

Can anyone advise if I might be offred the speed awareness course of if not what the fine and points would be for this?

 

Many thanks

Edited by dx100uk
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Hi - I was caught on the Kent side of the crossing - again in a 50mph limit but doing 62mph and I was offered the speed awareness course. It was a no-brainer really - the fine is £100 with 3 points or the SAC cost £85 with no points and no need to declare to your insurer. I have just seen that Essex SACs are £100 so they have brought theirs into line with the fixed penalty amount, but you still don't have the issue of points.

 

Court cases are for those caught doing more than 25mph over the limit or where you are looking at a possible ban under the totting up rules.

 

Although the 'rules' for eligibility don't seem to be published (I think the ACPO recommendation is around 10% plus 9mph over), so I think you are highly likely to be offered the SAC as you have no speeding convictions in the last three years

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10%+2 is the ACPO guideline for enforcement.

 

I've not heard of the 10%+9 figure, but it seems about right for a summons to court rather than a FPN (10%+9 would be 64 (in a 50) so anything above that and you'll be needing your suit)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Although the 'rules' for eligibility don't seem to be published (I think the ACPO recommendation is around 10% plus 9mph over), so I think you are highly likely to be offered the SAC as you have nospeeding convictions in the last three years

They have been published. Can't find the actual document right now because ACPO has just been replaced by NPCC whose website is atrocious, but the key section is to be found here, among other places

 

http://www.richardsilver.co.uk/motoring-offences/speeding/

 

Scroll down to ACPO Speed Emforcememt table.

 

Note that whether or not you're offered a course depends entirely on your speed, and whether or not you've done a course previously in the last 3 years. Previous convictions, or lack of them, don't matter.

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There is also a BBC link here http://www.bbc.co.uk/news/uk-13022347

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I wonder if you could argue that, with such a narrow margin, 57, your indicated speed, itself not perfect, will be affected by the tyre pressure. (i.e. the indicated speed will depend on the diameter of the wheel and hence tyre pressure).

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Sadly not, it is your responsibility to make sure your vehicle is road worthy and this includes having the tyres at the correct pressures.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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