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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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tut tut

 

Taking the telegraph at face value ...

 

 

 

In summary.

The EU's aim in that is to standardise the regulatory requirements and standards so train operators from all members can smoothly and safely run across borders without requiring specific member states licences/safety tests etc (or more accurately that they are aligned)

Rather like food standards etc.

 

Although it is also intended to increase level playing field competition.

 

 

How hs2 is applied in the UK is purely UK - apart from the standards required which are broadly already agreed world wide with some exceptions.

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Yes we know about that , it's the way the Torygraph punts things, in reality commonality on loading gauges and rolling stock makes sense, but the UK loading gauge and profile is smaller than on the Continent  is it not?


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I know very little about railways. Is that why Eurostar has a separate track?


Illegitimi non carborundum

 

 

 

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Yes Eurostar would foul the platforms and be too big on standard infrastructure, which is why HS2 would be needed to connect the tunnel with other parts North.

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good point


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Which is why they say they can't update existing infrastructure, the tunnels are not big enough to accommodate Eurostar, or Continental stock. also platforms etc


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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This was well thought through, then...


Illegitimi non carborundum

 

 

 

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Sort of HS2 would not really be able to run on other standard lines, so still not integrated in reality, so maybe updating existing is best option.


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Didn't realise how far off the mark I might be

 

Just getting upto speed

Guide ,me

 

I thought the track gauge were the same and just higher specs required of the tracks/ground base for the higher stresses of higher speed.

Understand that wider etc trains wouldn't fit at old stations - but thats quite a minor issue compared to space between separate lines.

 

"In Britain, Eurostar trains had to run at a maximum of 160 km/h (100 mph) on existing tracks between London Waterloo and the Channel Tunnel.[18] These tracks were shared with local traffic, limiting the number of services that could be run 2

 

 

Is that not correct

(interesting background stuff I'm filling in - like the sale of the UK part of Eurostar, the )

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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its the size of tunnel bores as well, they would need widening to allow clearance for 2 trains to pass probably.  Will do some more research into the issues.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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another good point

 

Spent about 30 mins on it and stopped.

 

Quite clear that it cost 50 million plus a mile even back then to knock 20 minutes off a three hour journey on new special track.

(Most of that gain on the French side)

and expensive, despite subsidised in all sorts of ways unreliable service

and will cost double or more the projected time and price

 

Pointless.

They should sort out the existing trains everybody is trying to use before even considering this farce.

Half an hour reading through the wiki and some reports utterly demonstrates that.

 

 

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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£50m a mile? I can't believe it.


Illegitimi non carborundum

 

 

 

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That was last century HB.

 

hs2 is projected at £400M a mile isn't it?

 

or is that the 2015 price and its double that now?

ner can't be - I'll look it up in a bit

 

quick look seems to show 400 million a mile as the new projected cost

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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I've done a quick calc and I make it nearer £300M+ a mile compared to a quick google saying £400M a mile (prob where I got the figure without confirming it - naughty me)

 

Still astronomical.

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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2 hours ago, brassnecked said:

HS2 was part of an EU designed link going back to the days of Jaques Delors  An article from 2012 in the Torygraph by the late Christopher Booker is worth a read.

 

https://www.telegraph.co.uk/comment/columnists/christopherbooker/9015342/The-continent-is-the-final-destination-for-HS2.html

 

 

Just occurred to me

Passports please ... that'll slow it down ...

 

:-)


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Doesn';t stack up on a cost/benefit calculation, plus the environmental damage, loss of habitats that will get the Eco Warriors and St Greta giving her Trump glare to the Tories.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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As long as she's out of school and not being flagged for life as a terrorist by her teachers after a coursework geography/sociology debate....

Where she said she thought greepeace might be proving to have a point

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Ok, it was nagging at me a bit so I refreshed and updated my background info

 

 

Hs2 and the EU

 

The Eu has funded parts of hs2, and more importantly other more useful (IMO)  projects

some examples

https://ec.europa.eu/unitedkingdom/news/uk-transport-infrastructure-chosen-eu-funding_en

 

 

Do the EU require new tracks generally  to meet the hs2 standard, through EU directive 96/48  or any other directive?

NO

 

BUT The EU DO require that EU member state infrastructure intended to be part of of TEN-R (Trans European Network - Rail) specifically - the EU high speed rail infrastructure

- of course it does - thats the standard for high speed rail interoperability as part of TEN-R

 

But the overall TEN-T (Trans European Network-Transport) covers a goods and people transportation system via water, rail, road etc etc

 

Its building a quality network for transport throughout hte EU - like a super spice road

 

 

The UK agreed the backbone bit running through the UK although what they have chosen to implement based on that seems primarily little more than a toy for rich folk to travel to London a bit faster - although there could be faster goods transport too - at a cost

eg Get your strawberries to wimbledon quicker ......

 

With Brexit that UK TEN backbone (HS2) is being bypassed with RoI connecting directly with Norway ... via other than Rail

Bet Scotland's looking at that ...

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Now it makes sense and the intransigent ultra-logical sh*t in my head has stopped nagging me that it don't seem right.

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Yes HS2 is  a waste of space as a half hearted  implementation.


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yep, the UK is a bumpy twisty crowded ISLAND whos layout and transport infrastructure is best suited to Sea and Road.

The rivers are generally to narrow and shallow, let alone steep, and the flat plains are simply to small and crowded to house a big rail system like Europe, China, India, Africa, Australia ............

 

So its smaller lots via road or ship em to the nearest port

 

Our railways are narrow and a bit cramped because they NEED to be.

Canals were our infrastructure

 

When putting in just a couple hundred miles of track disrupts half the country for a decade or more, and costs a not so small nations national debt - its the wrong choice.

Edited by tobyjugg2

I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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St Greta would love a canal with solar powered narrowboats.........


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She impresses me vastly

Lives by her beliefs too

 


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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8 hours ago, brassnecked said:

St Greta would love a canal with solar powered narrowboats.........

 

So would I. :)

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Illegitimi non carborundum

 

 

 

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Would be effective for bulky goods that are not time sensitive, could use old tech batteries like those used on submarines last century as well.

 

Only issue is who would be a 21st century bargee, the cramped cabins would likely breach Huma Rights.  Mind you a nice 50'  residential type narrowboat would be a relaxing holiday at 4mph tie up at the pub restaurant.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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