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    • Hi Bank Fodder  Thankyou for taking the time to reply in such detail  We always go above and beyond for all our customers and this is the first customer in over 2000 cars  that we have been unfortunately unable to keep happy  If you dont mind i would just like to clarify a few points  1: Section 75 covers you for the entire purchase amount even if you only pay a £10 deposit with the card We actively encourage every customer to use a card for there deposit for just this reason  2: We put a six month fully comprehensive warranty on nearly every car we sell which you can use at any vat registered garage so nobody needs to bring a car back 150 miles  3: The initial £150 was more than fair, we pay £180 inc vat to have a bonnet painted please feel free to contact our bodyshop GT autobody and paint solutions 07792728174 should we be required to go to small claims i can provide bank statements and invoices going back 5 years to collaborate this if necessary  4: If the car did need to come back here for any reason we have a fully insured loan car which is completely free of charge and even comes with fuel 5: When claire sent the photos we counted 14 stone chips in total she has zoomed in so they look huge when in fact they are minor and as she has admitted on here (difficult to spot in sunlight)  6: We are not in fact in breach of consumer law, in fact we are far from it, Consumer law allows for the car to be in a fair condition allowing for wear and tear relating to age and mileage, we didnt hide the stone chips we openly pointed them out so how can we be in breach?  7: Claire asked for £150 i gave her £150 8: Claire asked for a bigger contribution i offered a bigger contribution.  9: Claire changed her mind again and decided she wanted a brand new bonnet payed for exclusively by me at 3 times the price it would normally cost me without making a contribution herself, add to this the fact that her first email was blackmail at best and i kept my kool and replied respectfully as we have throughout  Im sorry but thats were we draw the line  9: I didnt post every email as there are over 30 of them 😳 10: For completeness when we spoke to the AA mediation service and asked them what they would like us to do they informed us we were under no legal obligation to do anything, there opinion was that we had already gone above and beyond what was necessary under consumer rights.  Personally at this stage we just want to refund her in full and have our car back  Sincerely  Mark  Gem Cars Ltd 
    • Hi dx #4 amended I will get this sent tomorrow if it’s ok?   any advice will be welcome 🙏    In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant  WITNESS STATEMANT OF XXXXXXXXXX    I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected email correspondence of a formal request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.The claimant offered a confusing payment alternative that did not reflect the true status of my loan. exhibit 1    3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that the claimant was issued a CCA request asking to supply me with a true copy of the alleged agreement they referred to. This is my right under their obligation to supply a copy of the agreement under the legislation contained within Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) in on the 25/11/2020   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   a £1 postal order also attached to the CCA request to which the claimant informed me by email that the £1 postal order was then used as payment towards the loan amount. Exhibit 2   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.   Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….     Thanks G
    • Thanks for your explanation. That makes much more sense now.    I've been doing exactly what you were saying since I realised a dispute was likely to occur. I've always been civil and impeccable in my behaviour and approach.   The company has destroyed their reputation and image through their conduct with me which has put me in a good position thus far.   I was just concerned that you didn't understand the full picture and were telling me to keep giving them more attempts because you were trying to help me solve this dispute.   I'll send that email to them tonight and update you with their response.   I've realised a long time back that small claim court is won by not just those who are in the right, but those who are reasonable, fair and calculated in their approach.   Thanks
    • Well if you are still minded to hang onto it then I would put it in for a full proper check and a new MOT. But I would get it done quickly    
    • Bankfodder, I think that there is a typo, you surely mean ' reading' up on etc
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Speeding fine -41 in a 30 - wrong roads on NIP?


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I received a notice of intended prosecution for doing 41 in a 30 zone. I am not disputing that I was wrong and will pay or do the course. 

 

On the nip it says that I was travelling west bound between two particular roads , when I was travelling east bound between another set of roads .

 

The police with the radar gun were hiding on the opposite side of the road in a bus stop.

Just wondered when I send this form back admitting I was the driver I should point this out to them 

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Posted (edited)

You can point it out but I wouldn't expect it to achieve anything unless the error is so gross that they decide to drop it out of embarrassment.

 

I think the general rule is that this sort of error only helps you if you are put at a disadvantage as a result of it.  But as you say:

 

1 hour ago, colin1096 said:

... I am not disputing that I was wrong and will pay or do the course. 

 

On the noip it says that I was travelling west bound between two particular roads , when I was travelling east bound between another set of roads ...

 

You seem to know exactly what has happened and have not been disadvantaged.  So I think you are stuck - but see if anybody else has any better ideas.  And it doesn't help you if they were "hiding".

 

Make sure you return your nomination in time.

 

(Just to check - if you are the Registered Keeper, was it served within 14 days?)

Edited by Manxman in exile
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  • dx100uk changed the title to Speeding fine -41 in a 30 - wrong roads on NIP?

Agree with Manxman. The NIP has to show "...the nature of the alleged offence and the time and place where it is alleged to have been committed." 

 

As Manxman points out, the basis of the NIP is to provide you with sufficient information so as you are not disadvantaged. If you want to defend the matter on the basis that the NIP did not meet the requirements (of S1 of the Road Traffic Offenders' Act) you will have to have the matter heard in court. You will be required to give evidence and so be liable to cross examination. You will be questioned on the disadvantage you suggest the error caused you. You are unlikely to convince the court that the NIP was deficient enough to provide a defence (especially as you know exactly where the offence occurred) and failure will cost you the thick end of £1,000.

 

You should be offered a course for that speed provided you have not done one for an offence which occurred in the three years prior to this one.

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Posted (edited)

Exactly the same thing happened to me a few years ago.  I was summoned for speeding on the A127 when it should have been the A12.

 

I went into court and the charge was read.  The police officer was already in the witness box and he told the CPS solicitor there was a problem and he told the court.  The clerk then re-read the offence with the correct roads.  I simply said "with respect, that isn't the charge I was summoned here to face."  The clerk looked at the bench who looked at each other.  The CPS solicitor then stood and said "the summons is faulty and is withdrawn."

 

And that was it.

Edited by SpeedyCBR1100
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Thanks,  I have put a letter with a copy of the notice of prosecution explaining that I was not travelling on that road. I wouldn't want to go to court over a technical error I'm case I lost. Will just do the course. Thanks everyone for your advice.

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Wait and see what they offer you then.  As I said above, if they have made a mistake it is possible that they might decide not to proceed out of embarrassment, even if the error is not such as to disadvantage you.  They did in SpeedyCBR1100's case.  You might get lucky too.

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The difference between your case and Speedy's is that his involved an error on the summons. Yours is on the NIP. The two are judged at different levels, but nonetheless I am surprised that the court did not permit an amendment to the summons. As an aside, minor motoring offences are not commenced by way of summons now. They begin with a "Single Justice Procedure Notice" (sent to the defendant) together with a "Written Charge" (sent to the court).

 

There is a different strategy you could consider. Before you return the Section 172 notice providing the driver's details, you could ask for "any photographs that will help identify the driver." They don't have to provide them but usually will. They don't usually help identify the driver (especially those taken from the rear) but it is a way of avoiding asking for "evidence" to which you are not entitled at this stage. When you have them you can confirm the location and if the NIP and S172 request state it incorrectly you could reply saying that your vehicle was not in the location mentioned at the relevant time.

 

This is a risky business. Unless the police drop the matter out of "embarrassment" you will face a charge of "Failing to Provide Driver's Details" - an offence which carries six points. Whether you are convicted of that depends very much on all the circumstances and it's impossible to give a view here. But it might be worth a try. It is not your job to second guess what the police really mean when they ask who was driving your car at 12 noon in the High Street. You could give it some thought.

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You're absolutely correct.  I was stopped by an officer who actually looked like a pig.  He tried to give me a verbal NIP but couldn't' quite remember it so helped him out.  (I am an ex Police Officer.)  There was therefore no need for a written follow up.

 

I did actually guess that he would screw something else up and so it proved.

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Thanks for your advice . I returned the notice of prosecution form saying I was the driver and put a letter in saying it was the wrong road. Today I received another NIP with different reference number on it but this time with the correct road and the same time and date and speed as the first one . I am a bit confused do I send this back aswell and hope they don't fine me twice . 

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What date of alleged offence is on the second NIP, and

a) when is it dated,

b) when is it postmarked.

(I note it was received 5/8/21)

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First letter offence 11.25am 27th July received 29th July sent 28th juky

 

Second letter offence 11.25am 27th July dated 03/08/21 received today

 

Roads have changed on the 2 letters

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