Jump to content


  • Tweets

  • Posts

    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe? 
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Variable Speed Limit Setup Errors by Highways England Remote Sign and Camera Operators


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2082 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

Two questions: A) Has there been a precedent for instances of inconsistent, incorrect or the inappropriate application of variable speed limit policy on a Motorway providing a legal basis to challenge a speeding ticket?

 

For example:

 

1) Motorway road works have road side speed limit signs stating 60 mph but overhead gantry displaying lower variable speed limit i.e. 30 mph without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground.

 

2) Motorway road works end and maybe end of road works signs are displayed each side of the road but subsequent overhead gantries incorrectly displaying variable speed limit of 60 mph without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground.

 

3) Motorway overhead gantries correctly displaying variable speed limit during time period of high traffic volume but erroneously left on during subsequent time period of low traffic volume without risk factor justification. The remotely controlled gantry signs do not correspond to conditions on the ground.

 

4) Motorway single overhead gantry displaying variable speed limit of 50 mph immediately followed by overhead gantry displaying national speed limit without risk factor justification prior during or after. The remotely controlled gantry signs do not correspond to conditions on the ground.

 

5) Motorway road works reducing four lanes to two lanes having no variable speed limit applied followed by road works with the same lack of risk factor justification but with overhead gantries displaying variable speed limit. The remotely controlled gantry signs are not consistently applied to the same ground conditions.

 

B) How incorrect or contradictory does a variable speed limit need to be before drivers should rely on their better judgement of the surrounding context to determine their progress without fear of the current judicial process automatically presuming guilt with no requirement for errors by Highways England to be accepted in defence or mitigation?

Link to post
Share on other sites

Some years ago a motorist challenged a ticket he had received for exceeding the speed limit displayed on the M4 close to Heathrow airport. His challenge was that the limit was unnecessary as it did not reflect the conditions at the time.

 

He won.

Link to post
Share on other sites

Anyone who travels on the m25 at night will know that many times they forget to change the displayed limit and in some spots is 40.

This happens at 2-3am with empty roads.

I go at the speed displayed even if it doesn't make sense.

I prefer to keep my licence clean rather than pay insurance companies for their solid gold taps.

Link to post
Share on other sites

Thanks john and king.

 

So there does not seem to be common, readily available examples of an established process to tackle these issues but seems to be a steady stream of people stating effectively that remotely controlled gantry signs and use of cameras do not correspond to conditions on the ground.

 

Does anyone know the process and people involved in implementing a variable speed limit,

a Single Justice Procedural Notice (SJPN) refers to a named key witness Camera Technician,

are these people Police Officers or do they work for Highways England.

 

How are Highways England involved?

Their web site states ... Highways England operates, maintains and improves England’s motorways and major A roads.

They also have a general enquires phone number and complaints procedure the aim of which they state as …

If you’re unhappy with any part of the service we provide, we want to hear about your experiences so we can learn from them and improve.

 

Has anyone experience of reporting issues to Highways England?

Don't they put up those signs around some roadworks asking people to report any concerns on a given phone number?

Edited by Judicial Review Req'd
Typo
Link to post
Share on other sites

I've contacted Highways many times to tell them that their signs on the M1 are incorrect but usually their response is that they have only just finished doing whatever the sign said was happening. 99% of the time that is an outright lie but I know they are never going to admit it.

 

And they wonder why, in general, most drivers ignore the recommendations to slow down. Obviously the variable limits have to be adhered to.

Link to post
Share on other sites

I think we have all seen examples of where someone sitting in a darkened cubicle somewhere has applied a speed limit when there was no need for that application but that is the law so you stick to the speed (or thereabouts) indicated by the signs.

 

Where they are used to try and maintain traffic flow where there is congestion it is doomed to failure because the variable speed limits were based on computer modelling done years ago by Sybase rather than actual driving conditions observation. However, governemnts like to follow failure by throwing more resources at the problem to create a bigger failure rather than try something different.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...