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vax2002

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Everything posted by vax2002

  1. Any description on Second hand items applies to at point of sale. A second hand car can develop all sorts of problems at any point in its lifespan, as any car owner will vouch for. If at the point of sale the vehicle was as described, which by paying you formulate a contract then that is usually the end of the sellers Liability in a private sale. If it were not, at what point would you cease to hold the seller liable for repairs to what is now your car ?. Six months ? Twelve ? for life ? The term is Caveat Emptorasin buyer beware. However if ebay have some redress then this may be an option.
  2. You will need to find out if the garage is a sole trader or a LTD company. In the meantime contact trading standards urgently, also see if you have legal protection upon your insurance
  3. read it, planning, well you would need some way of showing the signs have been like that for a while....As obviously they will say you did it..
  4. The document on the traffic sign post ?? what does it say ?
  5. If you requested the TRO they can ignore you, a request is not a demand. You need to demand the TRO, BY LETTER they will contact you to make it available. Now the bay should be marked as loading onlyin writing on the road and as the times of loading are restricted, the kerb should have one yellow stripe to denote loading times are restricted and the signs must be clear and legible at readable frequency, these clearly are not. The single yellow line is of no relevance as you were not ticketed for parking on it, you were ticketed for not loading, they can not change it to suit. You will have to keep at them appeal the NTO, when that gets rubber stamped go to adjudication on the no road written markings, no kerb stripe and inadequate signs that can be concealed. Also on the point that the contravention is parked in restricted hours, the car was parked within the permitted loading hours, the vehicle was not observed for a sufficient time scale 120 seconds maximum including printing the ticket, 120 seconds is not enough time to ascertain if a vehicle was unloading items.
  6. because, there may be a defence available with more information provided and no you dont get less for owning up, you get the book thrown straight in to your teeth to make up for everyone who does get found not proven.
  7. Do you have any wider pictures that show the whole bay ? we can see another sign further down, we can not see if the loading bay is terminated before this sign. The worn markings alone are cause for formal appeal to adjudicator once they have rubber stamped the NTO appeal with the failed stamp. However we need to see the full bay and its markings, it has to comply to very strict standards and must be terminated from the other restrictions. As well as WRITE not e-mail to the council to DEMAND ( not request) the traffic regulation order for the bay in question, it is not a freedom of information request, make this clear, it is a request for the TRO in effect on that street, it is a public document and must be provided upon request. With a bit of luck they wont have one as they are expensive and time consuming to re-new.
  8. this would not absolve him of a defence and the need for prosecution to prove the charge. To be 100% honest the information is vague provided and I would recommend given the seriousness of the charge the OP seeks paid for legal advice, where the charge and circumstances can be solved in to understanding any defence. The DVLA fixed penalty should have been applied for a claimed procedural error, a good solicitor will stop them kicking it over the grass to a driving without charge. If defended there is every chance DVLA wont turn up or offer evidence, they do have a reputation for doing so, if admitted the penalty will be the same bar a few court costs. My advice on consideration, seek correct legal representation.
  9. as you were not given a written copy of the contract they claim you signed, its a bit of a dodgy area they are playing in to. I dont really see how they can claim signing a pda means you have considered terms and conditions they later provide in writing. I would issue them with an invoice for the deposit, followed by a notice before action and then county court proceedings where you ask for an order for the manager and directer to be questioned under oath with regards to the damage, to produce all paper work regarding to inspections on the vheicle and details of any other claim. If as you suspect they are taking the proverbial they wont risk jail by perjuring themselves and quite often a paper trail will exist that shows the damage was already present. failing this, you can attack the contract, only what is in writing above your signature is usually considered, I am not so sure a pda signature would stand.
  10. Unfortunately these automatic barriers often are self raising on the entry side and work by way of a metal detecting circuit on the floor in front of the barrier . So clever motorists who feel blocked in just pick good timing, put the car jack on the loop and drive out of the entry barrier, pick the jack up and drive away.
  11. It is an impersonation of authority fake ticket. Take any advice from Money saving expert with a pinch of salt, the site banned the parking experts at the orders of the BPA. That site can not be trusted now it is in private hands.
  12. Who owns the pub and the land that is used for the car park. If you dont own it outright you have no legal right to invite anyone to park on it in the first place. Just as I dont have the right to invite you to park on my neighbours drive. Clear that up first.
  13. Plead not guilty: that the offer of a fixed penalty option was not used. Prosecution is only for those not paying the fixed penalty which is £100 The court will look at why the fixed penalty option was not used.
  14. what exactly have you been charged with and I would drop the I am at work line like hot bricks, if you drive for a living you wont be if you are convicted for no insurance as no company insurance will touch you with a barge pole. Get this wrong and your job will follow. On your summons it will say charge : what offence have you been charged with ? If the vehicle was off road, then having no insurance or Sorn is a DVLA penalty offence, it does not render you guilty of driving with no insurance. Come back with some real information and you may get some real help.
  15. Any appeal made at this stage is informal, so you will need to re-appeal when you receive the NTO, your informal appeal will be rejected. return and photograph any signs and markings. When you reach NTO stage then request the Road traffic regulation order covering the lines. Pound says they dont have it ! You need to post up time observed time issued and offence code and description if you can.
  16. Indeed, lets hope they have included it. Let them prove what offence was committed in a court. every cloud has a silver line, in their dash for greed they had to cock up somewhere.
  17. The only evidence that can be used is what is on the PCN, if it says 10;02 to 10;02 then they observed the vehicle for a period no greater than 59 seconds including entering the details and printing the ticket.
  18. legislation acts are written in Legalese, the term offence is clearly defined. The actual act has that section omitted for some reason, but if it states offence, it shall make for some very entertaining court cases when the whitewash rubber stamp cases are appealed at higher court and the clerk of court is requested to translate the act.
  19. This act is absolute proof that you MP is a whore who can be bought for a few quid by the corrupt.
  20. The protection of freedoms act guidance has revealed a huge loophole in the act: http://assets.dft.gov.uk/publications/guidance-unpaid-parking-charges/guidance-unpaid-parking-charges.pdf Section 6.3 schedule 4 sets out: The ticket must say : When and how the parking offence took place. Now the devil here is in the detail "offence" Offence is a legally defined term. parking on private land is not covered by any statutory instrument or regulations, the new act refers to recovering monies only. Now if the act stipulate the ticket must contain details of the offence to be valid, they have just give a cast iron copper bottomed defence in court. No offence has been committed. Therefore the ticket does not comply with the act. Legal wording is everything in law. No offence = non compliance = not proven. The defence under this new act must be to make the court state what offence occurred and under what primary legislation this offence is covered and what would be the penalty for this offence. And no Traffic regulations or off street parking placement orders are granted then no offence can take place. This has to be the best word in the whole legislation. It had to have a weak point and here it is. The point may need to be hammered to appeal high court, but it surely has to stand or turn the entire legal justice system on its head to accommodate one act. Opinions ?
  21. With interest rates secured on your life, dont pay up we kill your wife To the tune of carcraft. You have had a lucky escape, they sell auction bangers. Go to the auctions yourself and save yourself half of the sale price.
  22. It is always wise to make a copy of buyers details before you post the certificate off. That way you have a set of details to enter in to any paper work that arrives.
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