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    • as i said in post 2 you do not appeal stop reading other forums read the threads here i pointed you too   await the ntk.   dx  
    • Growth in the July to September quarter was weaker than expected, suggesting the recovery is losing steam.View the full article
    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
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Bollard ripped out


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I drove over a bollard which was lying flat on the road at University of Nottingham and it was ripped out of the road from its bolts and dragged a few metres after which I backed up and removed it to the side of the road.

 

Proceeded to security booth to report but no one was there so I went straight to a garage to check on damage to my car. The undertray had been cracked and a piece broken off and some screws were ripped out from the underside of my car. 

 

I have now received a letter from notts police asking me to confirm that I was the driver and keeper of the vehicle at that date and time. 

 

It mentions "alleged to have committed an offence under an enactment relating to vehicles on roads...".

 

How serious is this offence? Can they arrest me for this??

 

I have of course replied to the letter confirming that I am the keeper and was the driver at the specified date and time. 

 

:(

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Was this on private land BEHIND a locked gate, or a roadway to which the public had unfettered access (even if the land itself was private)?

 

Since you went to the security hut, did you

a) leave any info so they could contact you about the damage,

b) advise your insurers,

c) report the damage to the police as soon as “reasonably practicable”, and definitely within 24 hours??

 

https://www.sillslegal.co.uk/services-for-individuals/motoring-offences/fail-to-stop


 

there aren’t really any “arrestable” and “non-arrestable” offences any more.

For any offence a person can be arrrested, but only if it is both “necessary” and “reasonable”.

Usually this is when there is a need to prevent a further offence, or to enable the swift and effective investigation of an alleged offence.

If need be offer to attend a police station to be interviewed : removing their ability to say they’d need to arrest you (unlikely anyhow)

 

I hope you replied ASAP to any request for info / S127.

And kept a photocopy of your reply, and sent it from a post office getting a (free) certificate of posting.

Edited by BazzaS
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On the uni site itself or a public road?

 

It was already ripped out so someone had already done it and never cleared up or you pulled it out?

 

Any cctv or dashcam footage to prove it was not you?

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... 

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It was ripped out by my car when I drove over it.. I didn't notice it as I was looking around trying to find my way. I'm guessing the uni has CCTV footage otherwise I wouldn't have received the letter with my car reg on it. This was within the uni campus not a public road.

 

Sadly I didn't leave info, report to police or to insurers since I assumed uni of notts would have CCTV footage and get in touch with me regarding the damage and I could make payment for the damage. :(

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Was this private land to which the public had no unfettered access (where it is a purely civil matter), or a road to which the public have unfettered  access (even if it is private land), where “leaving the scene of an accident / failing to report an accident” can apply.

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You appear to have committed an offence, at first sight of your description of events.

Did the letter from the police mention any section(s) of statute law (the Road Traffic Act, for example)?

 

If you haven’t informed your insurers : you should. The University may already have written to them - they are better hearing it from you than them having to ‘chase’ you!

Edited by BazzaS
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That is your obligation (as registered keeper) to identify the driver (unless the RK genuinely does not know the identity of the driver AND it is reasonable for them not to know).

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Okay so what does that mean? There are no other laws or sections of the road traffic act mentioned in the letter. There is a PCSO name and address of Radford police station. 

 

Will I be arrested? Will I have to go to court for this?

 

What are the penalties usually for such offences?

Edited by bitemarx
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Have you looked at the link in my first reply (post no.2), or even googled about the offence(s) mentioned both there, and in my post #5

 

Its a self-help site. If you won’t help yourself by looking at suggested sources of info, people might think “wow, they’ll be a hassle to help, better I move on”……

Edited by BazzaS
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If you are that anxious : be reassured.

you likely have committed an offence but

a) no one died or was injured

b) you aren’t going to be arrested. Certainly not any time soon (they don’t know who was driving yet), and even once they do know : you almost certainly won’t be arrested.

c) Want to turn “almost certainly won’t” into “definitely won’t” (once they know who was driving) : offer to be interviewed at an agreed time & place if they wish.

 

Now that you know that, give yourself an evening off. Then, you can go over this thread so far (and any other responses) tomorrow, when you won’t miss stuff.

Cut yourself some slack.

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