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By Man in the middle · Posted
But when you perform your Stat Dec the earlier convictions will be expunged (as if they had never happened) and the sentences handed down for them are revoked. Any convictions and sentences which follow after that will occur on whatever date they are handed down and so can be appealed up to 21 days after that date.. There is simply no need for an appeal against them to be lodged at this stage. If nothing else, you do not know what you will be convicted of. If that has what he's told you I believe he is misleading you. Magistrates are not simply waiting in court for people to turn up to make SDs. As I said earlier, most courts provide appointment dates specifically for Stat Decs and, in the areas I know about it is unusual at present to get a date shorter than three or four weeks hence. Then you really need to speak to the solicitor to find out exactly what the hearing he has arranged is for, because until you perform your stat dec your current convictions remain and the charges cannot be put to you again (so providing you with the opportunity to offer the "deal").. This is really such a straightforward matter and I don't know why the solicitor is making it appear far more complex than it is. I would never suggest you ignore his advice, but you really need to find out and understand what his advice is seeking to achieve and how it will achieve it. -
By Passerby0233 · Posted
Thanks, FTMDave; I appreciate you looking into this. I'm going to draft an email to the new CEO, [email protected]. Looney got thrown out for not declaring "relationships in the workplace." 🍆 😉 -
Well, a letter of claim has arrived as predicted. Will be following dx100uk post and use your PAP reply form instead of the one they have sent. I have a couple of questions, do I send the CCA request to Cabot or to Mortimer Clarke? What should I state as the reason? I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation. -
You pushed me to look at all our MET cases going back till June 2014. That's 10 years so at that point I got sick & stopped! MET have never, ever taken a Cagger as far as a court hearing in all that time. As scribbled above, they have issued court papers a few times but have always bottled before the hearing. In one exceptional case the motorist didn't even have to defend - the judge chucked out the case due to rubbish Particulars of Claim. Sadly in two cases MET got a judgment because the motorist didn't file a defence to the claim. But in one of the cases MET still didn't get their money as the person said he was elderly, didn't need credit and would rather put up with a CCJ than pay MET! So that's who you're dealing with - paper tigers. They do court in maybe 5% of cases but even then bottle before it gets to a hearing. Anyway, let's see what writing to BP produces. -
Any update here? MET started a court case recently against a Cagger concerning this very site and EV charging - and then bottled it and discontinued the case before the hearing. It would be useful for others to know what happened in your case.
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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