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    • By the way – here's a troubling little question: – If the puppy were to be returned to the breeder, the breeder now finds that they have on their hands and unsaleable puppy. What do they do? Put it down? Abandon it to a rescue centre? I think that when people decide to buy designer animals, then they need to reflect on this.   It may become a loving pet to the new owner – but maybe it is simply "goods" to the breeder.
    • Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.   I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim
    • I know that it sounds extraordinary that one could bring a claim for far more than the cost of the goods or the service – but I hope you won't mind me saying that you have misunderstood the purpose of contractual damages. It's all about remedying the breach. This means that if you sue in negligence or some other tort, to remedy the breach you have to put the injured party back into the position that they were in before the breach occurred – so that effectively there is no breach. Contract damages are intended to remedy the breach. This means that you have to put the injured party into the position they would have been had there been no breach. The parties intended that there would be a sale of a dog without any existing defects. The breach of contract was that the dog came with defects. In order to remedy that breach and put the dog into the condition that it should have been – that both contracting parties expected it to be in – in other words with no dental problem, it means that damages will have to be calculated according to the cost of putting that defect right. I know this might sound strange that you could claim such a high amount – and I'm sure that a judge would be very cautious and worried about it but if the level of damages could be properly substantiated then I think the judge would have no option. If you'd like to look at a similar disproportionate level of damages – but which might be more palatable to you, imagine wedding photos. You commission somebody to take photographs of your wedding – and in fact because of some failure by the photographer, none of the photographs come out. The cost of the photographer might have been £500 for the wedding. Are you entitled to claim your £500 back? Yes of course. However does this compensate you for the loss of these photographs which were intended to become a special souvenir of this once-in-a-lifetime experience and which would be circulated to friends and also passed on to children and grandchildren. No, £500 certainly doesn't. Of course assessing the value of lost wedding photographs is going to be very difficult but at the end of the day, a judge will have to come up with a formula. Normally speaking if you sued for loss of wedding photographs then you would have to claim for a sum "not exceeding £X X X – in the discretion of the court". In fact dealing with this puppy is far easier because you are not speculating on the value of the bonding and the irreplaceable nature of the puppy. You are simply coming up with the cost of necessary dental work to put the dog into the condition that it should have been had there been no breach of contract. It's much easier to calculate this loss then it is to calculate the loss of wedding photos – but I will bet anybody who reads this, that you will find it far more acceptable to claim for the sentimental value of lost wedding photographs then you will to claim for the cost of repairing a dog's dental problems.  
    • Thanks LFI, the more ammunition the better, and I am always grateful for that.
    • Thanks DX i was a bit hasty posting it up.   Mind you, legal letters are just so unconventional the way key dates just blend into text. In any other kind of letters these dates would be given paragraphs on their own. This is the legal world I am now well and truly entrenched in though!   Anyway, I'll keep reading up on the website, and as you say this forum.
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Conditional offer of fixed penalty (Tyre with ply exposed)

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Hi all,


Last Friday I was taken by a surprise to have received a 'Conditional Offer of fixed penalty' from Met police for the alleged offence. Use of a motor vehicle with tyre with any of the ply/cord exposed.


Now the reason I was taken by surprise is because I had no knowledge of it but car and details are mine. I can prove that I was not even in the country so it could not have been me.


the date is early November 2016 and speaking with close family, It dawned upon me that my cousin who holds a provisional licence took that car on that day and when stopped used my details. Now my cousin is no longer in the country and have moved back to Switzerland.


If it was only a matter of £100 fine, it would have just paid and be done with it but i read it says 3 points too..


Any suggestions?

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up to you. You can accpet the fine/points if you knew the car was defective or you can drop the relative in it and give all the necessary details to the police TEC office. How much grief are you going to get at home if you dob in your cousin? Bear in mind your insurance will go up a good deal if you get convicted of this so overall you are better off telling it how it is and let your cousin face the consequences of his actions later (probably lose his licence and 2 fines to boot).

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How did "it dawn on" the OP the cousin used the car that day over 4 months ago when he was out of the country? Did he own up then or now when challenged by the OP?


How did the cousin get over a docs/identity verification/check? After stopping the Cousin (one must wonder why) did the Police then let the Cousin drive the car away with such a serious defect or make him change the wheel ?


Anyway, putting aside my skepticism about what I've read here, there seems little loyalty among the family if the Cousin avoided his responsibilities when stopped and immediately gave the OP's details at the roadside. In such circumstances I would certainly not seek to protect the cousin by taking his points and adding to my future insurance cost consequences.


Side matters for the Cousin to consider - was he driving without owners consent? - was he insured? - was he aware of the defect?

I don't know that being in Switzerland puts him beyond active interest by the UK Police.

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A number of things spring to mind:-



He's on a provisional, so was he accompanied? Does that make the qualified driver equally culpable?

OP says it was his car, and was without his knowledge. Any insurance the driver had would be invalidated by the standard condition of "with the owner's express consent"

Cousin is looking at a charge of perverting the course of justice (with qualified driver, if there was one, guilty of aiding and abetting/conspiring to pervert the course of justice).



In light of above, if the long arm of the law reaches as far as Switzerland, could be looking at a custodial sentence

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"on a provisional"... "moved back to Switzerland"


If it was a Swiss provisional licence (if there be such a thing), he would not be allowed to drive in UK - only Full foreign Licences are permitted.


If it was a UK provisional licence, being no longer Resident in UK he probably should have surrendered it to DVLA.



"What a tangled we weave when ......."

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I have not been able to speak with him as yet as he is abroad for a month for some English teaching program, all i could do was left email and waiting for response. What I wrote above was info his close friend here told me - so its a bit unclear with his licence details n all but unfortunately I am in the same situation.


If i do not hear anything shortly, It seems like I will be the one taking 3 penalty points and £100 fine n all.. as i have very limited details :@

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He is your cousin & he managed to get to drive your vehicle (was that with your permission?).... and now you are reliant on "his close friend" to get his license details, as you have limited details .......


This still doesn't explain how he managed to give your details (& get away with doing so) when stopped, either .......

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20th March

Now my cousin is no longer in the country and have moved back to Switzerland.


21st March

I have not been able to speak with him as yet as he is abroad for a month for some English teaching program

Is that abroad from Switzerland where he went back to?



so its a bit unclear


Truest words I've read on this thread!


Your cousin appears to have taken your car without the Owners knowledge or consent (theft) - therefore driven it uninsured - driven without a proper full licence holder in the car (him or another sitting alongside) - and when stopped by the Police for whatever reason, lied to them by giving false identity details to deliberately deceive them.


And now he has done a disappearing act from where he disappeared to.



I would suggest you owe him no favours.


I would go straight to the Police with your proof of your own whereabouts on the time/date in question and what you know or were told about the incident, including giving your cousin's identity details as fully as you know.

Afterall he thought nothing of giving yours when caught doing wrong.


But be prepared not to be believed.


At best, that may leave you with the matter of you having kept your own car on the road (depending on where you had parked it when you went away) with a dangerous tyre.

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