Jump to content


  • Tweets

  • Posts

  • 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

Speeding - referred to Magistrates Court


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2685 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

Hi all,

 

My partner drives ambulances for a living. Recently he received a Notice of Prosecution for speeding (48 in a 40 zone).

 

He believes that - a). He wasn't doing over 40 mph (His crew mate has confirmed)

 

and - b). That is is warranted as an ambulance driver as this particular job was a "red call" (meaning that it was a matter of life or death).

 

The trouble is, he doesn't work for the NHS or the ambulance service, it is a company that is sub contracted by the ambulance service and they have different rules.

 

He has disputed the notice and recently had a letter saying it's been referred to the Magistrates Court.

 

My question is,

what leg has he got to stand on?

 

 

What is the worst they can do?

 

 

His employer won't back him up, and he feels that not only was he not speeding but even if he was, he had grounds to do so.

 

He is 44 and has held his licence for 20 years.

Link to post
Share on other sites

If he wasn't exceeding 40 mph he is safe.

If he was :

http://www.legislation.gov.uk/ukpga/1984/27/part/VI

 

S.87.

 

Exemption of fire brigade, ambulance and police vehicles from speed limits.

 

No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used fire, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

 

He may need the call records to demonstrate the nature of the call.

 

I'm not saying it applies to him but the exemption relates only to "speeding" : so it might be legal to be at 80 mph, but only on a motorway : doing so in a city centre could mean a prosecution (not for speeding but for eg careless driving ......)

Link to post
Share on other sites

crown immunity if blues and twos legally fitted and in use at the time.

 

Applies to Red Cross, St Johns many private ambulance firms, blood donor service etc.

He will have to show necessity and proportinality

 

His problem is that speed cameras dont have any sense and that normally gets transferred up the chain so the decision makers will continue with a prosecution that then fails and the prosecutors will refuse to accept that it was a bad decision to continue.

 

His employers are undoubtely spineless and will spend so much time sitting on the fence over this one their backsides will look like a hot cross bun.

Link to post
Share on other sites

well spotted.......

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...