Jump to content


  • Tweets

  • Posts

    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Recommended Posts

I have been issued 5 speeding tickets at the same location over 3 days doing between 34mph to 39 mph in a 30 mph zone.

Can I get them all heard at the same time in court to save time and court costs.   

 

I know it will take me over the 12 points but I have mitigating circumstances as I suffer with Septic Arthritis and I can't walk long distances and have to attend hospital appointments for treatment I live on my own so I don't have anyone to drive me or help me .

 

My age is 68 I only use my car for shopping, hospital appointments and visiting the cemetery. 

Link to post
Share on other sites

Hello and welcome to CAG.

 

I expect people will be along to advise during the weekend. I can't comment on motoring stuff unfortunately, including mitigating circumstances, but we have members who can. They should be along over the weekend.

 

Best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

well i wouldn't use that as an excuse as you would endanger yourself in possibly confessing you are not fit to drive a car if you are saying your condition is the route cause of why you habitually sped in the same area several times.

 

be very careful here 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yes my N'T key is sticky.....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 am not saying my Septic Arthritis is the reason for my speeding. 

My Septic Arthritis is why I need my driving licence to travel to the hospital and shopping. 

 

I need to know if I can get the 5 speeding tickets heard on the same court day to limit the cost and time,  I am pleading guilty to the charges of speeding

 

Link to post
Share on other sites

First of all, are you sure you have a ticket for doing 34mph? That would be most unusual as the guidelines issued by the National Police Chiefs’ Council suggest action is not taken below 35mph. All police forces in England & Wales usually comply with those guidelines. It doesn’t particularly matter. If you have five tickets you have five tickets. It’s just that I have heard a number of reports of drivers seeing action below 35mph but have never seen a substantiated case. So it’s only for my own interest.

 

The first of your offences should qualify for the offer of a speed awareness course (provided the offences were not in Scotland and you have not done one for an offence which occurred in the last three years). But you may not choose to take that (see below). For the next three you should be offered a fixed penalty (£100 and three points). After that it gets messy. With nine points you will not be offered a FP (or if you are you cannot accept it). Your matter will be dealt with in court and you will face a “totting up” ban of six months. In order to avoid a ban you will have to argue that “exceptional hardship” will follow for you or others if you are banned. Of course everybody can expect to suffer some hardship if they are disqualified. The clue is in the name – the hardship has to be exceptional. That is over and above that which most drivers might suffer.

 

From your brief description of your condition it seems you may have the making of a successful EH argument. It would certainly help your case if you could get some medical evidence of the difficulties you face if you are not able to drive. If you’re going to argue EH (and these are not “mitigating circumstances” – that is something different) you may find it beneficial to decline the offer of a course. If you’re going to face a ban for twelve points you might as well face a ban for fifteen and going to fifteen would leave you a course “in hand” in case of any future offences. If your EH argument is successful you will leave the court with 12 or 15 points; any further offence will see you face a totting up ban again and you cannot use an EH argument using the same reasons within three years.

 

First things first – you need to respond to the requests for drivers details that you have (failure to do so sees you commit a separate more serious offence). I would see what you are offered. The first decision will be whether to accept a course or not as I have explained above. Only when you have accepted three FPs need you worry about having any remaining charges heard together.

 

Let me know if I can help further.

Link to post
Share on other sites

 

 

I know it will take me over the 12 points but I have mitigating circumstances as I suffer with Septic Arthritis and I can't walk long distances and have to attend hospital appointments for treatment I live on my own so I don't have anyone to drive me or help me .  I can get medical records and evidence from the hospital that I suffer with Septic Arthritis and I can show pictures from the hospital when I had my last attack.  

 

My age is 68 I only use my car for shopping, hospital appointments and visiting the cemetery. 

 

They originally sent me 6 speeding tickets but when I checked them 2 of the tickets were at the same time same speed and same date but 2 different notice numbers .  When I contacted the safety camera unit and explained this they immediately cancelled one of the tickets so that took it back to 5.  Should they have cancelled the 2 tickets as we do not know which one was the correct one.  They put a new camera up on the road with no white lines so I didn't see the camera as it was very high up and there were no white lines on the road but when I went back to check there were some small silver dots on the road. 

 

Many thanks for your helpful advice as its very much appreciated  

Link to post
Share on other sites

No you don't have mitigating circumstances. They are matters which lessen the seriousness of an offence or offences. You haven't mentioned anything that suggests that. As I explained, if you are banned you might successfully argue that you will suffer "exceptional hardship". That is where your medical evidence will be of benefit. But first things first - have you responded to all five requests for driver's details?

Link to post
Share on other sites

Yes I have replied to all 5 cases. They have now sent me 3 single justice procedure notices and I am waiting for the other 2 to arrive. The form is asking if I’m pleading guilty or not and asking for my statement of means. 

Link to post
Share on other sites

And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)

 

And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.

 

(And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).

Edited by Manxman in exile
Link to post
Share on other sites

It might be worth contacting the issuing office to ask why you have not been offered fixed penalties for any of these as all of them would normally qualify. That aside, you need to wait for the remining SJPNs to arrive and write to court to ensure they are all heard at once. This is really important because if you do make a successful EH argument and a later offence raises its head you cannot make the same argument again.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...