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    • Hi,  It has been a long time but I have had confirmation claim will proceed to hearing in roughly 1 months time.  I was wondering if anyone could advise on defence please.  A few questions I have are: 1) I didn't notify VCS that I was not the driver of the vehicle and the judge may look negatively on this point.  I did not receive any direction in correspondence from VCS  that I should inform them if I was not the driver and that was going to be the foundation for may argument on this point. 2) The vehicle is stopped at a zebra crossing.  Based on the images from VCS for around 10 seconds.  At that time there is someone standing near the zebra crossing and someone else enters my vehicle.  I was going to raise the point that stopping at a zebra crossing when someone is standing near it is to be expected.  I was also going to ask the question how you can have a no stopping zone when there are zebra crossings where the driver is required to stop. 3) The no stopping zone is clearly signposted, however, no drop off or pickup is not clearly signposted with one small sign at the zebra crossing, parallel to the road and on the passengers side.  I was going to challenge that no-drop off or pickup is clearly signposted.  4) VCS mentioned my initial defence was generic and clearly copied from the internet.  It covered 1) Claimant not being in a position to state if the Defendant was the driver at the time.  2) No evidence that claimant's contract with landowner supersedes byelaws & signage isn't legally binding contract. 3) No contractual costs and interest cannot be accrued on speculative charge. I am interested to know if anyone has had success or been unsuccessful with this 'generic' defence. 5) If I should submit an updated defence to the court based on questions 1, 2 & 3.  Or if it is better to only raise these points in court? Thanks.  Any guidance would be appreciated  
    • I honestly don't know, Baz. In addition what I don't  understand (from that pamphlet) is this: The s88 criteria are quite clear and don't need a medical professional to interpret them . The one most relevant to his topic says that an application is not a "qualifying application" if a relevant disability has been declared. The problem with the word "may" is how does the applicant establish whether me "may" driver under s88 when he has not complied with its conditions? I don't know the answer to that either. But to further muddy the waters, the pamphlet says this (about : But the s88 statute says absolutely nothing like that at all. It simply says that if you have declared a relevant disability s88 does not apply. The DVLA pamphlet is simply confusing as far as I can see. That's actually my opinion and that's what I would stick to if it was me making the application. But I'll seek a few opinions from others over the next couple of days.
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      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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    • 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.
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      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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Simply put some mindless idiot at the wheel of a vehicle.

I see them all the time.

 

 

You start reversing out of a parking slot and some mindless car which clearly cant be under intelligent control speeds along and stops right across where you need to pull out making slam on the brakes. They then sit there until a small part of the brain switches on and they realise you cant get out until they move.

 

 

You are driving along and some car comes through a red light straight out across in front of you with the person at the wheel clearly asleep or heavily medicated as they are totally oblivious.

 

 

The driver who realises you are going in the same direction, so gets close enough for the automatic clamp on the front of their vehicle to grab hold of your rear bumber so they can switch of their car, save fuel and go to sleep while they are towed to their destination.

 

 

The entire row of nose to tail cars in wet weather where all the automated systems in control clearly hope every car in front has got much worse wet weather braking than they have.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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I don't actually see the point of them.

 

Would those people who have lost their licence for one reason or another be able to use them ?

Are they for people who have been unable to pass their test ? Or do you have to have a driving licence - in which case, my original statement stands. what is the point of them ?

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My son had a test drive in a Tesla recently, booked in to see what it's like. His verdict, it's the future and what a great experience. The feeling of handing over to the car and taking your hand off the steering wheel is

an anxious moment at first but amazing and safe.

 

https://www.teslamotors.com/

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as you say, traffic lights, zebra crossings, etc. until the whole can be sorted, it will prob just leave drivers into a false sense of security.

but, as toby muses, it will prob be safer then alot of current 'manual' drivers on the road :)

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Do they automatically stop when they are suppose to, eg, traffic lights and pedestrian crossings..

 

The drive was motorway conditions for the auto pilot. The car is future proof as described by Tesla as software can always be updated. It looks like next year when the software is ready for auto pilot street driving.

 

Test a Tesla:-D

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ie poss false sense of security.

though i guess that if the system failed, with then no driver input, the car wld just come to a (slow) halt (assuming the halt system doesnt also fail :))?

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ie poss false sense of security.

though i guess that if the system failed, with then no driver input, the car wld just come to a (slow) halt (assuming the halt system doesnt also fail :))?

 

If all failed computer wise, who would be responsible for a potential accident..

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If all failed computer wise, who would be responsible for a potential accident..

bill gates :)

 

but, prob the driver, who shld still be paying attention rather than being on their phone etc? unless they're in a false sense of security.. :)

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I've wondered whether these driverless cars work, would the 'passenger' need to have a licence ?

I'm having trouble with my eyes and need to go to hospital for regular check-ups. I once said to the Consultant that every time i came to see him i expect he's going to say,......... Give me your car keys and i'll swap them for a blind dog :-) He says that will never happen.

Seriously if it ever did come to that i've looked on the Internet at electric bikes. But the one i want is over £2k, which is probably more than my car is worth. And then i've wondered if and when we do see driverless cars would they allow me to 'drive' one if i'd had to hand back my licence.

There must be lots of people who have never learnt to drive, perhaps always depending on their partner and now find they're alone and living somewhere with poor public transport.

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