Jump to content


  • Tweets

  • Posts

    • Ok i think we may have the issue, so its been just over 6 months since i was banned and when i defended the case and it should have been rescinded. I have just spoken to the courts, and they informed the DVLA that the ban should have been overturned. Now you need to reapply for your license when you have been banned, and they give a window of 45 days i believe after it has expired. The dates add up, what i think has happened is that my details have been removed from the system because i was banned for 6 months (when i shouldn't have been) and the additional days on top. If this is the case then i surely i can sue these idiots until the cows come home, i have been driving whilst banned (again when i shouldn't have been)  and this can affect my job, imagine i had been pulled over with my son in the car, they would have just arrested me and not listened to a word of my story.  
    • First thing to do is what the the DVLA website extract says - write to the Central Casework Group with full details of your licence, adding that you spoke to DVLA call centre xx/xx/xxxx and they told you they couldn't see the details either.  Get proof of posting. Are you in physical possession of your Driving Licence Photocard? And the card shows it is still current? If so include a photocopy of it when you write to DVLA. There's no reason for you to assume that the licence has been cancelled or that you have been banned. Just some IT problem at DVLA. I wouldn't go into all the stuff about your court case last year. There's no evidence that the current glitch in the DVLA system is anything to do with it and it will just muddy the waters.  Most comparision sites ask for your licence number. You can get quotes without the licence being checked but when you take up an insurer's quote they then check your licence number against the DVLA website to make sure it is valid and to check if any Points for motoring offences are recorded. If you are unable to access your licence details on DVLA then insurers won't be able to either so they will refuse to proceed and cancel their quote. 
    • How about posting the full email, rather than just the bits you want us to see??
    • Hi Folks,   Thank you for your help so far. Please find below the correspondence so far from various parties. If I've missed anything, please let me know. Again, apologies for not posting the correct stuff. I thought I'd lost it all, turns out it was on a rarely used pc Letter advising of change of address will be posted shortly, with proof of posting not tracked. Buncrana 1 Edited Notice To Keeper ECP.pdf 2 ECP Back of PCN.pdf 3 DRP Edited 25012021.docx 4 DRP Back of letter.docx 5 POPLA Appeal redacted.pdf 6 DCBL 30:04:24 Redacted.pdf ESSO Cobham Signage.pdf
    • Thanks just looked at SARequest It wouldn’t make ebay have to say why they suspended me. all their email said was that it was related to buying activity. But under that bike buying activity there are about five different reasons why it could’ve been. But they haven’t specified which of these five reasons it was.
  • Recommended Topics

  • Our picks

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

Setting aside salford a ccj - defence sent to wrong court


keek
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1034 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

Even better then.....very patient Judge dealing with this claim. Don't forget to refer to her  " expert electrician " as a family friend at the hearing who is not qualified to give testimony on a subject he's not qualified to give. :-D

 

Andy

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Yes very patient. She is a nightmare! 

I couldn't believe it when she said who she wanted to use as an expert. 

Just confused as to why the original expert didnt want to do it, maybe she didnt instruct them in the 1st place. I have never recieved anything from them. She said she spoke to them and they have put a trace on me. She's crackers! 

Thank you for all the advice, fingers crossed the next hearing will be the last. 

Link to post
Share on other sites

He probably also lost patience.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Is it worth contacting the previously agreed expert and finding out what has changed and why?

 

If they are willing to write to you (or the court!)  explaining (have they received instructions at all? What has changed??) so much the better

 

The judge might not be able to consider what such a letter would say (unless they’d be prepared to make a witness statement), but you might accidentally drop it into discussion, and if the judge asked to see the letter it might be useful if it places the claimant in a bad light ….

  • Like 1
  • Thanks 1
Link to post
Share on other sites

5 hours ago, keek said:

 

 

She told the judge the independent expert we chose will not attend now.

 

The judge said she could use her own expert.

 

 

 

 

 

 

 

According to CPR  the use of expert witness was to be chosen and agreed between the parties.

 

Quote

There will be a single expert witness instructed by the parties jointly, whose evidence will be in the form of a written report. The judge may define the issues to be addressed. Further directions may be given as to this expert, as below..
Pre-action protocols may have required an expert’s inspection before the claim is filed in court.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/experts

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

Thanks for the info.

 

I'm struggling to understand how the claim can be resolved with no independent expert.

At the last hearing the judge said it could only be resolved with an independent experts report. We aagreed on one.

Why would he then let her pick her own and me act as my own expert? 

 

Her "expert" did a witness statement at the very beginning, im sure the judge told her at one of the hearings it couldn't be used as he wasn't an expert. I think I uploaded the report. Its rubbish. 

Will her "expert" do a new report or just attend the hearing and rely on his initial statement?

 

I'll will update when I get the info from the court. 

 

 Thanks again. 

  • Like 1
Link to post
Share on other sites

All valid points that you must make a note of to raise with the DJ at the hearing...but reading between the lines with your last update it could be the judge is humoring the claimant and simply going through the motions....hopefully getting ready to dismiss the claim.

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I've been following this thread since it started two years ago and the person demonstrating most patience here is keek!

 

I understand that in small claims cases judges may need to give inexperienced and unknowledgeable parties a lot of leeway, but the courts seem to leant over backwards here in the claimant's favour to a ridiculous degree.  With the litany of court requests and orders here that the claimant has failed to comply with, I can't see that the judge needs to humour her any further before kicking the claim out.

 

With the judge apparently giving the claimant carte blanche to choose a family friend and non-expert to give an independent report, if I were keek I'd be concerned about what else might happen.  Surely this should have been done and dusted ages ago?

 

I also agree with Bazza's post #179.  I'd contact the original expert keek thought they'd agreed on and ask him why he no longer wants to be involved.

  • Like 1
  • Thanks 1
Link to post
Share on other sites

Hi , thanks for all the replies, Much appreciated. 

I've not spoken to the expert we agreed on yet, I am waiting on the directions from the court after the hearing last week. 

 

I have received a letter from the claimant this morning telling me she is in the process of getting a fully qualified cctv expert. 🤦‍♂️ 

 

Think she's trying to backtrack on the family friend non expert she said she wanted at the last hearing. 

 The letter is nonsense she's on about a cracked skirting board now.

Link to post
Share on other sites

Simply confirming the replacement expert witness ......not sure what the defendant evidence may include matter of  opinion entails.?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Had the hearing this morning and lost!

Dont know what else to say. 

Absolutely pissed off! 

Judge said her experts evidence had weight even though he said he wished he never met her , absolutely stinks! 

 

Edited by keek
Link to post
Share on other sites

:!:  How ?  what's the details ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

God knows , Really dont know how I lost, she got caught her out with the lies she told.

In summing up the judge agreed with the "expert" witness that the height wouldn't make a difference to image quality even though it does. 

I just dont get it, she didnt even have any of the paperwork the judge had to read it for her, she said she had lost it. 

I'm livid.

She tried to claim costs of £1050 plus £550 but was awarded £750 cheeky cow! 

I asked if I could appeal but the judge said it wasn't a good idea. 

Link to post
Share on other sites

Has she got the same surname as the Judge presiding ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

No, but it's all so strange especially how she has conducted herself.

Something seems off. The photos in my evidence of the cctv images should have been enough on their own without all the txt messages she sent telling me how clear they are and what a good job I've done.

Funnily enough she had the paperwork for her costs.

Link to post
Share on other sites

So the total judgment is £750 including costs ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

She ended up with £550 for the cctv system that still up at her property and £150 for costs. 

She tried to claim for law enforcement, I think she means bailiffs. And all sorts of court fees. She wanted £1650 all in. 

Link to post
Share on other sites

 

Makes me wonder if her councillor friend had a hand in it. She is well dodgy. Been in local paper a few times for dodgy dealings. 

I'm in shock, I cant believe it. 

Link to post
Share on other sites

Its a pity you didn't ask the judge to order the return of the equipment for you to offset your costs/losses given that is of no use or satisfactory to her and that he had just ruled in her favor to that fact.

  • Sad 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I can't thank you all enough for your help and time dealing with this, it's really appreciated. Honestly your advice and patience has been invaluable and I've learnt so much. Thank you. 

 

But No point in dwelling onwards and upwards, hopefully karma will go looking for her. You live and learn. Definitely no more favours. 

 

 

  • Like 2
Link to post
Share on other sites

Absolutely its a pity we didn't get a favorable result...but as you said onwards and upwards put it behind you.....get it paid off by the date advised in the final order to avoid the CCJ being registered.

 

I would advise that you now look at your quotation/contract paperwork for future work and make it water tight in the event that this ever happens in the future...assuming that you continue in this line of work.

 

Regards

 

Andy 

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • dx100uk changed the title to Setting aside salford a ccj - defence sent to wrong court
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...