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    • Found a BMA article related to this subject which I think the OP will find helpful. Patients recording consultations WWW.BMA.ORG.UK Our guidance answers if patients can record doctors without permission or covertly, how to respond when a patient asks to record their appointment and what to do if a covert recording is posted online.  
    • Ah - that was another thread that got merged back in 2018   That 'split' doesnt refer to this legal matter  
    • Thanks dx for your kind words. I plan to renew my season ticket and write a new begging letter as following, can I ask for any suggestion about it?   Dear Investigator/Prosecutor,   Thank you for your reply. I deeply regret my actions and the inconvenience they have caused.   I’m extremely remorseful for my crime. and regret it everyday. I often ask myself ‘’how can I do that thing just because I felt it is interesting. There are a lot of crimes in the world, but feeling it’s interesting is certainly not a reason to crime. I should not crime with any reason.’’ I think about these things every day, and I understand that I can’t blame anyone but myself.   I thanks to the staff who stopped me, as this is a valuable lesson in my life. I told myself that I should never ever repeat such a thing again, and never ever do anything which is possible to be in breach of any law. As a result, I carefully tap my oyster card every time before I enter the station now. I remind myself that I did a wrong thing before, and I should never let it happen again.   Although my monthly travel expenses do not warrant a season ticket, but I just renew my season ticket (please see the attachment). I understand that a crime cannot be truly compensated for, but purchasing a season ticket offers me a small measure of comfort, knowing that my actions caused a loss to the public interest.   I received an email which ask me to negotiate being class teacher in this summer (please see the attachment). I hope that I could teach the lovely students again, which may not be allowed with a criminal record. I would please ask that you would please provide me a single opportunity to settle all outstanding sums owed outside of court without the need for legal proceedings which would have a determinantal impact on my teaching career.   I sincerely apologise again for my crime. If you need anything further from me to help you please let me know.    Yours sincerely,
    • You did what??? You asked them to send you the documents that without them you had  a 100% ironclad win in Court. Why on earth would you do that? As it happens in this case, there is still enough mistakes in their PCNs and the NTH to have your case cancelled. Amd it may be that not sending those documents in the first place along with the ICO complaint and the letters from Alliance themselves which would confirm by the dates on the letters may be enough to cancel it anyway. I hope you have kept their letters as evidence? The chances are that Alliance will not actually take you to Court because of their errors but you never know.  You have made so much extra work for yourself in your WS if they decide to push their luck.though. Can you please post up their letter where they give the reason why I wasn't sent with the NTH.
    • I'm not sure that I fully agree with my site team colleague above.  My understanding is that there is nothing to stop you recording but it is strictly for your own personal use.   
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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ForeCourt Eye


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Hello everyone.

 

I had an appointment to attend to this morning so off I went in the car only to find it low on fuel.

I popped a bit of fuel in and queued to pay.

I didn't pay though because as you've already probably guessed I had forgotten my card.

So, when I got to the counter I explained that I couldn't pay but I'll pop back in later once I get back and have collected my card.

He said no, this isn't possible, I had to give my details and pay ForeCourt Eye instead.

 

I said I wanted to make it clear I'm not refusing to pay and that I'd be back later to pay.

I said I didn't know anything about this ForeCourt Eye and I was getting my fuel from this garage so I didn't see how they were involved.

I gave my name address and phone number and said I had to go because I needed to be somewhere for an appointment.

He said he'd call the police if I didn't fill out the rest of his form so I apologised and left.

 

About 2-3 hours later I had collected my card and went back to pay and was smugly told that it had already been passed onto ForeCourt Eye so I'd need to wait for them to contact me.

I asked if they were refusing payment and they said yes.

I called the police to explain and they called the garage because they'd been told I had refused to pay.

 

They were going to tell the garage they needed to accept payment but got back to me saying it's the first they've heard of FCE (ForeCourt Eye) but it seems they have passed it on and I should pay them direct and advised the police once I had done so.

 

FCE's website is claiming an additional £6 admin fee which, whilst is not a great amount, doesn't seem like they are really in a position to even get involved.

I have checked the pump and to the side, on the pillar, there is a slightly faded poster stuck to it that talks about FCE.

 

Am I somehow bound to their terms or can I fight this on the grounds they have no authority to request payment on behalf of the garage?

Or any other defence that I can use?

 

Your thoughts on this are appreciated.

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I do not know if what you say is particularly true because they did report it to the police and during my conversation with the police afterwards they said the garage should have accepted payment and that would have been it.

 

By showing all the signs of being willing to pay but temporarily unable, I think you would struggle to prove it as theft and have the rozzers after me as you suggest.

 

My understanding is that it would be a civil matter that they could have sued me for but I could be wrong.

 

dx100uk said:
no you are not bound by any terms and conditions.

pers i'd write them a cheque with a letter and give it to the garage.

 

[minus the £6 ofcourse!!]

 

dx

 

I suspect they will not cash it.

Where does that leave me?

That they are waiving the cost of the fuel and providing it free on this occasion?

 

I'd still have FCE on my case demanding money.

If I can be assured it's not some legally recognised and enforceable act I can ignore them I suppose.

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I have every intention of paying for the fuel, I went back and tried but was refused.

 

The policeman I spoke to was surprised by this and originally phoned to tell them they have to accept payment.

 

It was only when they spoke of this FCE involvement that he said to just pay them.

 

He said he would be surprised if there were any additional charges to pay but without them FCE's business model is not sustainable.

 

I am just unsure if here in my local authority this FCE has any legal standing. If not, I can send a cheque with proof of posting and that should be the end of it whether they cash it or not, it's their call.

Edited by dx100uk
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For reference to anyone following this in the future I have dropped the garage a letter explaining a cheque will be in the post as soon as my cheque book arrives or they are welcome to contact me using my provided details if they wish me to pay sooner.

 

I have also written a letter to FCE who's first letter arrived on Friday saying I have not yet paid the balance so they've added a £60 admin fee.

 

I will be posting my letter to them tomorrow explaining I told the attendant at the garage I did not wish to sign up to their services and left my contact details with them for when they contacted the police.

 

They have signed me up to their services against my wishes and I did not sign anything.

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  • 4 months later...

I thought I'd come back to update this. 

 

Without reading where I left off I will quickly summarize. 

I didn't hear back from FCE but instead received a letter from,

if I recall correctly,

UCS (Ultimate Customer Solutions). 

 

I explained the same thing to them and enclosed a copy of the letter I sent to FCE and have not heard anything back. 

The cashier at the garage asked me awhile ago if I'd got everything sorted and I told them I haven't paid anyone other than sending the garage the cheque which he says they can't cash and is pinned up on a notice board in the office. 

They are not bothered because FCE reimbursed them anyway he says.

 

@ericsbrother, this is an interesting twist and whilst I am tempted to follow up with the garage I do not wish to be barred from using it's services if they decided to be an arse about it. 

 

FCE on the other hand, I may well pursue. 

 

Could you point me in the direction of some more information regarding illiegally processing personal information so I can see what my footing is in this respect.

 

Thank you to everyone that has contributed here.

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