Jump to content


  • Tweets

  • Recommended Topics

  • Posts

    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 1362 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello CAG

 

Can you help.

 

You have been very helpfal to me in the past so i am wandering if you can help me with this situation.

 

I have recieved a SINGLE JUSTICE NOTICE PROCEDURE i has given me 21 day to fill out and return the forms that was 25 day ago.

yes i know i should have returned them but honestly i dont even open my post any more becouse it seem like there is somebody always chassing me for money..... to say the least i am feeling more and more stressed as time goes on and i have a "i dont care attitude" which i know is not healthy.

 

I phoned the relevent speeding depatment and have asked what can be done....Nothing can be done.

I was traveling at 37 mph and was court by : manned eqipment

 

charge sheet

1: fail to give information relating to the identification of the driver

2: speeding - exceed 30 mph on restricted road - manned eqipment

 

I havent been working since christmas as i closed my business down and i am living on a limited income....

 

Can you help...

Link to post
Share on other sites

How come you are being persued both for speeding and failing to identify?

Usually it is one or the other. (If you don't identify the driver who was speeding, they can't prosecute the driver, but then go after the keeper for failing to identify).

 

You are going to be summonsed to court.

Attend. Plead guilty (unless you have a defence).

Link to post
Share on other sites

Ask if they will withdraw the failure to identify if you identify the driver and, (if it was you!) plead guilty to the speeding,

Link to post
Share on other sites

What date was the speeding offence?

 

 

Dual charging may help you if you approach the CPS before Hearing and offer to plead Guilty (if true). to speeding if they drop the FTF charge.

I don't know how they can charge you with speeding if you did not name the driver, unless pulled over.

Link to post
Share on other sites

“Dual charging” (with speeding and FtF) is perfectly normal in your circumstances and in fact, provided you were driving, is to your advantage.

 

The process is that the police

(or safety camera partnership)

cannot take action for speeding unless you nominate yourself (or somebody else) as the driver at the relevant time.

 

 

You failed to do so when asked and so you have committed the offence of “Failing to Provide Driver’s details. This known as a S172 offence (because it is covered by Section 172 of the Road Traffic Act).

 

 

From your description (that you simply ignored the request) you have no defence against that charge.

 

 

It carries a hefty fine (one and a half week’s net income), six points and insurance grief for probably five years.

(It is an endorsement that insurers really do not like and they load premiums considerably for those with it).

 

However,

you have been thrown a lifeline having been dual charged.

What you must do,

when you are summonsed,

is to attend court on the day required

and ask to see the prosecutor in your case.

 

 

You must then tell him/her that your personal circumstances were such that you could not deal with the S172 request (don’t elaborate unless asked) but that you will plead guilty to speeding provided the S172 charge is dropped.

There is no obligation for the prosecution to agree to this but they almost always do.

 

Things to remember:

 

- Do not under any circumstances plead guilty to either offence in advance of your hearing;

 

- Do not demand the deal – you have no right to it;

 

- Plead guilty to speeding only when you are sure the deal has been agreed.

(If you cannot see the prosecutor beforehand you can suggest the deal when you are called into court).

 

The situation you are in puts you on the back foot.

There is no evidence to convict you of speeding as they do not know who was driving.

But there is ample evidence (to which you have no defence) to convict you of the more serious S172 offence.

 

 

The “plea bargain” is your best option to minimise the damage

(which would have been the offer of a speed awareness course - if you had not done one in the past three years – if you had only dealt with the matter as soon as it arose).

Edited by dx100uk
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...