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    • That is a big improvement Dave and I do agree that it s best to leave it till the last moment to prevent VCS from countering your WS. [usually using doubtful logic that can't be easily argued against in a Court atmosphere] However my first post [no. 32] about the contract is the one that really exposes Jake's flummery and calls into  question jost how close he comes to committing perjury. And that is what hopefully VCS will not want questioned by a Judge. 
    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
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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.

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Tens of thousands of drivers get increased fines for using mobiles at wheel


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Tens of thousands of drivers get increased fines for using mobiles at wheel

New THINK! campaign highlights the chances of being caught using a mobile while driving.

 

More than 26,000 motorists have been caught using a handheld mobile phone while driving in the first year since harsher penalties came into force.

 

Among these are 500 novice drivers who have had their licences revoked for using their phone behind the wheel in their first 2 years of driving.

 

On 1 March 2017, the penalties for this offence doubled from £100 and 3 penalty points to £200 and 6 points.

 

READ MORE HERE: https://www.gov.uk/government/news/tens-of-thousands-of-drivers-get-increased-fines-for-using-mobiles-at-wheel

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Drivers had plenty of warning about the changes and what the new penalties are for using your phone whilst at the wheel of your car, If they choose to ignore that and carry on using their phones, Then more fool them, They deserve what they get

 

Most cars these days have built in hands free so there is no need to even take your phone out

 

I for one will not be risking the points and fine to answer a call while at the wheel

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Even if the car doesn't have it built in, a half decent bluetooth headset will only set you back 10% of the cost of the fine, and won't mean 6 points on your licence. No phone call is worth that!

 

Perhaps the penalty still isn't harsh enough for some people. Maybe a 14 or 28 day ban (1st offence for car drivers) and a 56 day or longer ban (for commercial drivers) (both doubled each time they get caught again) would finally get the message home.

 

Motorists faced with the prospect of having to walk everywhere for a few weeks might make a difference.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Yet there is no penalty for fiddling with the Satnav, radio, smoking etc while driving or even talking to the passenger? If i pass my phone to the passenger to answer, I am committing an offence. If I go to a Mac drive thru and use the phone to pay, I am committing an offence as the roadway is one to which the public have access. I agree whole heatedly with the law but it needs to be modified to be more specific. You are committing an offence by listening to music on your phone as you are using it. You are committing an offence by using it as a satnav.

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Yet there is no penalty for fiddling with the Satnav, radio, smoking etc while driving or even talking to the passenger?

 

Of course there is, it's just under separate legislation. Not in proper control of a motor vehicle is one. Careless driving is another.

 

If i pass my phone to the passenger to answer, I am committing an offence. If I go to a Mac drive thru and use the phone to pay, I am committing an offence as the roadway is one to which the public have access.

 

Whilst you're right that it is technically still an offence, anyone ticketing someone for either of the above would need to be having the day from hell. There's a big difference between "using" and handing the phone to someone.

 

You are committing an offence by listening to music on your phone as you are using it. You are committing an offence by using it as a satnav.

 

Music might be a bit of a grey area if you're live streaming, but using your phone as a Sat Nav most certainly is not an offence as there are no 'interactive' communications, that's not how satellites work unless your phone has a built in satellite uplink station and 1m dish :lol:

 

And for either offence to be complete, the phone must be hand held. So if it's in a cradle, you can pretty much (according to the letter of the mobile phone legislation) do whatever you like with your phone.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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