Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • 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

Mutating Corona Virus


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 450 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

1 hour ago, honeybee13 said:

How sad, Americans won't be able to travel to Trump's golf resort in Scotland. Will it be his Irish resort next?

 

The ban is on Europeans entering the US, not Americans travelling to Europe.

Link to post
Share on other sites

1 minute ago, honeybee13 said:

I see what you're saying but the US has banned people coming in from the UK and Ireland now. What about Americans who travelled to either of them in the last few days?

 

I don't see the logic, but maybe I'm missing something.

 

Read here, it was published before the ban included UK & Ireland but the same applies https://www.independent.co.uk/news/world/americas/us-politics/coronavirus-travel-ban-explained-trump-europe-travel-americans-leave-us-family-citizens-a9398856.html

Link to post
Share on other sites

On 05/03/2020 at 12:36, tobyjugg2 said:

"Prime Minister Boris Johnson said measures such as closing schools and banning big events "don't work as well perhaps as people think".

He told ITV's This Morning programme another way of responding to the virus would be to "take it on the chin" and allow it to "move through the population without really taking as many draconian measures".

Mr Johnson said it would be "business as usual" for the "overwhelming majority" of people in the UK"

 

as:

"Downing Street has confirmed that Boris Johnson is in talks with the parliamentary authorities about a possible shutdown if the outbreak continues to get worse."

 

and:

""Commons Speaker Sir Lindsay Hoyle has been holding talks with medical experts and officials about the prospect of suspending Parliament until the worst of the virus blows over"

 

 

More misquoting going on here.

 

He didn't say the measures such as closing schools doesn't work, he said it's what scientists had told him.

 

You've also selectively misquoted what he said about taking it on the chin. Here's the full version as reported by the Beeb including the bits you edited out:

 

"One of the theories is perhaps you could take it on the chin, take it all in one go and allow the disease to move through the population without really taking as many draconian measures. I think we need to strike a balance."

 

 

Link to post
Share on other sites

12 minutes ago, honeybee13 said:

Neither would I, but I would like HMG to start showing some compassion for people who are affected and to listen to the WHO advice instead of cherry-picking it.

 

Like what?

Link to post
Share on other sites

22 minutes ago, honeybee13 said:

I don't have time to look up the detail right now, but from what I've read they have ignored a lot of the WHO's advice and don't seem inclined to 'test, test, test' as the WHO said today, I think it was.

 

When you say they ''don't seem inclined'' what do you mean?

 

The UK have been increasing testing dramatically  https://www.bbc.co.uk/news/health-51814874

 

The total number of tests have increased from 25,000 to 44,000 in the last week.

 

Even today the UK Chief Medical Advisor said ''We are ramping up testing significantly''.

 

Link to post
Share on other sites

15 minutes ago, hightail said:

They've done tens of thousands of tests and only around one thousand were positive.  All those negatives were only valid for that moment, same people could test positive a few days later or may have had the diease previously so I'm not sure they tell us anything useful. 

 

Indeed and the problem with mass speculative testing is that it's very labour intensive and takes already stretched nursing staff off the wards where they could be treating those who are actually sick.

 

 

Link to post
Share on other sites

8 hours ago, hightail said:

I think they are working on a test which will tell if someone has had the virus as well as if they’re currently infected.  Guessing that means one which tests for antibodies rather than the virus.  That would give more info and be worth doing.

 

Yes that's what I thought when I heard it. Testing for people who basically didn't know they had it (ie who were asymptomatic) and finding out why.

Link to post
Share on other sites

6 hours ago, unclebulgaria67 said:

Has Government reacted in a measured way ?

 

 

 

Too measured and talking of measures that's how the latest 'policy' has been presented, as 'taking measures'. Thing is they're not measures at all, it's just advice. Johnson is trying to be all things to all men. He can say he's being business friendly by saying he's not ordered the hospitality industry to close but at the same time telling citizens not to use it. It's lame cop out.

  • Like 1
Link to post
Share on other sites

On 21/03/2020 at 11:52, maroondevo52 said:

A Notice was pinned up in my Depot thanking us for our work over the past few weeks, it also said our health and wellbeing was very important to the company yet we have had no gloves or hand sanitiser supplied, still van sharing, takes a while to make sure the vans clean before you start your run.

 

 

 

This note was pinned to a door in Glasgow.

 

image.png.38e53f08cb09a3bb1b1e29bf4e028ec0.png

 

Excellent!

Link to post
Share on other sites

7 hours ago, 45002 said:

 

Think the Government are living in cloud cuckoo land.

 

Just How

 

Seam to forget that police forces cuts over past 10 year in the whole of UK.

 

British armed forces comprises just over 79,300 trained regular full-timers, just over 27,200 trained reserve part-time personnel.

 

So Boris how are you going to crack down on population of over 66 million people while the NHS is at breaking point !

 

What do you suggest then?

Link to post
Share on other sites

3 hours ago, 45002 said:

 

Problem is how based on the figures from national statistical office I posted at #221

 

 

 

Somehow I doubt that the entire population of 66 million people will need cracking down on, just a tiny proportion.

 

Enforceability is a deterrent. It won't deter some people but clearly it will have a significant effect.

Link to post
Share on other sites

7 hours ago, dx100uk said:

Its not an idea it's probably the only way it will eventually become non transmissible amongst all humans

 

 

 

It's an idea and a lousy one. 

 

The jury's still out on whether contracting coronavirus results in immunity to catching it again or whether it mutates and renders an initial immunity obsolete.

 

Moreover the concept of allowing it to spread as, err, a solution to it spreading is self evidently ridiculous.

 

 

 

 

  • Thanks 1
Link to post
Share on other sites

51 minutes ago, tobyjugg2 said:

The johnson plan was until recently as stated earlier in the thread.

In simple terms that is:

 

get everyone who wasn't in at at risk category infected while somehow hoping that 'at risk' people could be kept away from it somehow and wouldn't be exposed to it while the population at large everywhere was - and then hope that people actually did get immune and weren't carriers,

and ignoring the fact that many might be infected and contagious with no symptoms and that allegedly not 'at risk' folk could still end up very ill/dead

 

- at best

 

 

 

 

This is why herd immunity could never succeed as a strategy. It sounds great in theory but you simply cannot 'manage' a high contagious virus in a population of 60 million people. Additionally the idea would be impossible to sell politically, and that's precisely what happened.

Link to post
Share on other sites

  • 2 weeks later...
On 29/03/2020 at 22:30, tobyjugg2 said:

 

I know nurses and staff in hospitals who were right up to last friday face to face with patients since the outbreak with no face masks, few gloves and not even hand sanitiser which had run out or been stolen.

 

 

 

 

 

 

In non-covid wards masks aren't even a requirement and I seriously doubt that any NHS hospital has run out of gloves and sanitiser.

 

I spent most of the last week in the non-covid respiratory wards of both Harefield and Stoke Mandeville hospitals and both had massive stocks of all PPE (I asked), and it's not as if they don't use it. I was genuinely astonished at how much PPE they got through as nursing staff would put on fresh PPE like aprons and gloves between each and every patient interaction, meaning hundreds of items per nurse per day.

 

 

 

 

 

Link to post
Share on other sites

5 hours ago, tobyjugg2 said:

Well I can confirm that those desperately needed supplies are reaching the hospitals although far more is needed

 

 

 

 

 

 

I'm sure that the entire nation is reassured and lost in gratitude to you for this heart-warming confirmation.

 

Do keep us updated.

Link to post
Share on other sites

2 hours ago, tobyjugg2 said:

 

 

 

Testing everyone, repeatedly if necessary - is the ONLY sane way forward

 

 

 

Just out of interest, how long did it take you to formulate this conclusion? I'm not looking for a particularly accurate answer, just round it up to the nearest nano second.

 

 How is this going to work then?

 

Where are the medical personnel and laboratory staff required to undertake this massive project going to come from? Now this is just a stab in the dark but I'd imagine they'd be quite busy at the moment.

 

Even South Korea, who are recognised as having one of the most aggressive testing policies have only managed to test 1% of their population. You clearly have no conception as to the scale of what you're proposing.

 

Even if it was possible to plan, organise and execute it would take years to achieve, by which time all the data would have been redundant and completely meaningless. I was tested last week and it took 2 days for the result, which by the time I received it was already out of date as I was then and now just as likely to be infected as I was when I took the test.

 

Think about it.

 

 

Link to post
Share on other sites

1 hour ago, BazzaS said:

 

 

I agree (in parts) with 2 contributors postings.

 

WHO says “test, test, test”, so more tests ARE key. That is part agreeing with one contributor.

 

 

 

The 'test, test, test' call from WHO specifically applies to just ''suspected cases'' and those who recently had contact with confirmed cases. WHO isn't calling for speculative testing.

 

I assume Prof Tobyjug is referring to a PCR test but as testing the entire nation for anything is a fantasy it doesn't matter much.

Link to post
Share on other sites

57 minutes ago, tobyjugg2 said:

 

 

So which is a real achievable option, and which isn't?

* Locking down the whole population (any not locked down and untested are almost certain to be spreading it) for at least 3 months - and as things are going even longer next year is likely and deal with the REAL social and economic fallout from that

 

* Test the whole population, repeatedly if necessary.

 

 

 

 

 

Testing the whole population isn't achievable.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 450 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...