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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
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Variable Speed Limit Setup Errors by Highways England Remote Sign and Camera Operators


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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?

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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.

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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.

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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
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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.

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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.

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