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    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
    • There is a space for comment on the N180 where you can state that you wish to object to any request by the Claimant for an "on the papers" hearing. I wouldn't worry about the permits term, as the non-display of a permit is not the apparent cause for action against you. Have you sent them a CPR request for documentation?
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crazycatlady1

Upcoming trial for speeding and failing to provide

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I've done some research on this but all and any advice is welcomed please! Bit of a long one - here we go......  

 

My partner is due in court at the end of the month for speeding and failing to provide driver details and he's probably going to have to self represent. We're not really too sure what to expect as neither of us have been through this before. 

 

There was a trial in his absence a few months ago but he only just found out about when he got an attachment of earnings. He gave a statutory declaration a couple of weeks ago and plead not guilty to both charges. The background is the speeding offence took place in August 18 in a company vehicle and company owner has named him as the driver. Company owner actually sent the first notice back incomplete and was sent another one in which he then named my partner.

 

My partner had stopped working with this company by then (ended on bad terms) and the boss did not say anything to him at the time when he received the first NIP either (partner feels this is a stitch up!). My partner does not believe he was driving at the time but obviously it was quite a long time ago. He has had a clean license for about 25 years. The vans were driven by a number of individuals and would be swapped around during the day. No proper logs of who was driving etc were ever kept. Not even sure how he was able to identify my partner as the driver in the first place! 

 

The photo evidence we were given 10 mins before giving the declaration was black and white so there was no way we could say it was him or even anyone else. I guess there could be a colour version available that might better identify the driver, in which case if it was him speeding then he will have to admit that, but like i said, he really doesn't believe it was him! If there is a better photo and it is undeniably him, will he be able to barter and admit guilt for the speeding and ask for the other charge to be dropped - or are we past that stage now?

 

Also, he is not a registered keeper of this vehicle and I don't think he really has much responsibility for it - is that much of a defence in either charge? For the failing to provide charge, he has said that he did not receive any paperwork in the post. I know it seems highly unlikely to not receive three documents (the NIP, the reminder and the summons) and that will take some convincing. However, he definitely didn't, and the company owner didn't say anything to him either so he had no idea there was a problem. 

 

They have had their neighbours post delivered to them by mistake on a number of occasions so his defense for this is essentially going to be a rebuttal of the presumption of service and therefore it was not practicable for him to respond as he didn't receive it.

 

Another house occupant, who is the person who deals with incoming post at home and is usually at home when it arrives, will come to court as a witness to back him up. It's been over two weeks since he made his declaration and plead not guilty and I gather the CPS have to re-serve all evidence in these situations, but we haven't received anything. Is that normal in this timescale? Should we chase them?

 

Do we chase the police up or contact CPS directly? There are also evidence documents referred to in the SJNP that we have not seen yet either. What do we do if we get to court and still haven't received it? Surely that's not a fair trial! Could it be dropped? What will happen at the trial?

 

Does he have to do opening and closing statements etc? What should be in them? Also, if he has evidence that he wants to submit, how does he do that before the trial? Sorry I have so many questions, thanks in advance! :)

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Provided he was the driver and he accepts the speeding charge he should ask to see the prosecutor before court begins and 

offer to plead guilty to the speeding charge provided the FtF charge is dropped. This is perfectly normal. I cannot give a detailed answer at present. Suggest you visit www.pepipoo.com where you can find more info

 

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