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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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      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.  

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    • 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
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Without prejudice


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If you put the phrase 'without prejudice' at the top of a letter, is it legally binding? In other words, would an organisation not be allowed to present the letter to a judge then or is it more of a convention? What would a judge do if presented with a letter that said 'without prejudice'?

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

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They could present it - but it would NOT be binding on the Judge to take it into consideration, or indeed acknowledge any part of it. (This exception is allowed where other criminal acts like extortion, threats of violence etc are intimated.

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From Finance Glossary : Without prejudice

"The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court."

 

You can find out more by giving this Google link a spin:

without prejudice offer - Google Search

The BidsterMeister

Helper of the hapless and hopeless...

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However, you may ask the judge to accept it if you think that it is particularly important, and the judge will have discretion as to whether to accept it or not.

 

As a rule, though, better not to play fast and loose with "Without prejudice" communications.

 

As a side note, complaints have gone to the Law Society about "some" solicitors stating in their letters to CAGgers that the letter was without prejudice, and then going on to say that if OP refused, they would show the letter to the judge. Tut tut.

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  • 1 month later...
As a side note, complaints have gone to the Law Society about "some" solicitors stating in their letters to CAGgers that the letter was without prejudice, and then going on to say that if OP refused, they would show the letter to the judge. Tut tut.

 

Ohhh, Cobbetts have got so far up my nose during my recently won case, that I think I might just have to do this myself. They offered me a 50% settlement "without prejudice" and then said that they would tell the court if I said no (which I did) as it showed that they were being "more than reasonable"

 

I'll let you know how I get on

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Ohhh, Cobbetts have got so far up my nose during my recently won case, that I think I might just have to do this myself. They offered me a 50% settlement "without prejudice" and then said that they would tell the court if I said no (which I did) as it showed that they were being "more than reasonable"

 

I'll let you know how I get on

 

Cobbets have a very hardened (entirely without prejudice) approach and do quite a lot of work for the likes insovlvency practitioners who believe they are a law unto themselves.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I written an initial letter to the outsourced body from the Law Society that deal with complaints about 'other people's solicitors' outlining how I have objected to their bullying tactics and about them offering me a WP settlement of 50% and telling me in the same letter that if I declined it, then they would tell the court that while they were being reasonable, I was not and my refusal of their letter proved that.

 

Chances that anything will be done or that Cobbetts will be forced to change their ways? Pretty close to sod all, but hey, it makes me feel better and anything that inconveniences those people is ok by me

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2 points – If a letter is a genuine attempt to settle the claim it will be without prejudice even if it doesn’t have those words on it. Putting the words on doesn’t make something that is not “WP”, “WP”. Lots of people put “WP” on documents which are not privileged because they don’t understand what it means. If it is not a genuine attempt to settle the claim then it is disclosable to the court.

What they mean by they reserve the right to tell the court about it, referees only to the matter of costs. If they succeed they will then show the curt the letter to show that you should have taken an offer and saved them costs. The fact you didn’t can be used to justify a higher cost award. But they cannot and must not show that letter or the offer to the court until judgement has been given either way.

I hope that helps.

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