Jump to content

patdavies

Registered Users

Change your profile picture
  • Posts

    5,030
  • Joined

  • Last visited

Posts posted by patdavies

  1. 1) It is not necessary to tax the vehicle before leaving the test centre (what would you do if it failed). the vehicle remains an exempt vehicle during the journey to and from a pre-booked MoT test (and to/from repair following a test fail)

     

    2) There are different definitions of public highway for Vehicle Excise and Registration Act and Road Traffic Act offences. Driink/driving is an RTA offence and the RTA definition of highway is what is relevant. For VERA, the definition is precise within the Ac t - a road maintained at public offence

     

    3) neither the cars on garage property nor the limo should have been clamped. But if you think the DVLA are thick, imagine what their sub-contractors are like.

  2. No.

     

    The bike was sold to a dealer. The dealer gets the V5 and the RK sends the yellow section to DVLA.

     

    The OP has not stated whether or not he/she sent the yellow section. Even if the garage sent it (a they shouldn't send the V5 until the vehicle has a new owner, it was still sent. The RK is responsible for informing the DVLA of the change of keeper, but there is no requirement to do it personally - it can be a delegated task.

     

    If the garage sent it, then a written statement from them and the Interpretation Act absolves the RK.

  3. Not a good idea as they could have a genuine claim against you - damage to hearing

     

    l

     

    Not so. Whilst a whistle may be very loud, it cannot cause any hearing damage as the telephone system will, by design, 'clip' the magnitude of sound waves to protect itself.

    • Haha 1
  4. First question.

     

    Where are you? If in Scotland, you automatically have good title under Scottish law if you bought in good faith.

     

    If in England/Wales then the answer is not so clear cut, but Courts have generally held that if you bought from a trader then as he is the 'professional' in his role and assumes liability for ensuring good title, you are presumed to have good title. If you purchased from a private individual, you don't have a leg to stand on.

  5. VIN's yes but a VIN is not a registration mark. It is the tractor unit which carries the vehicle reg mark as it is the principle part of the vehicle. Didn't know that a trailer can have different insurance cover than that of the tractor unit though to satify the RTA. Perhaps you can expand on this and how it works.

     

    If a UK registered tractor unit is being used, then the trailer must carry the same UK VRM as the tractor.

     

    Where the tractor is registered in another EU country, then the trailer's VRM may or may not match the tractor depending on the rules of that country.

     

    EU law overrides the RTA , VERA,C&U in this and many other things.

  6. i cant see what more the warden can do, toher than stand infornt of vehicle while some irate person decides im off.....

     

    Personally.... pay the fine.... if i was on the council appeal panel, the fact you fled when you know you were getting a ticket, would make me more determined to enforce the ticket.....

     

    You shouldnt flee the scene, when you know you done wrong.....

     

    also to above poster..... if car was a company car ticket wouldve went to hire company/then passed to the business/or the address hire company held for driver.... so driver then further complicated matters by fleeing.

     

    What a load of nonsense.

     

    1) there is no council appeal panel - appeals go to an independent adjudicator

    2) whilst there may be a moral reason to wait, there is no legal reason whatsoever

    3) the PCN is not passed on - the company will get their own s.10 PCN - as this appears not to have happened, then we can reasonably assume that no s.10 PCN has been issued and that the Council are trying to enforce a non-served s.9

    4) they stupidity of the Council's actions here are a prime example of why you should drive off if you can

    .

  7. The S.9 PCN was not served.

     

    The Council will issue an S.10 PCN by post. A S.10 PCN also acts as NtO. If this went to a hire company,they would complete it as such and return it. The hirer (OP) would then get their own S.10 PCN.

     

    The communication received by the OP refers to a previous opportunity to pay the reduced fee (ie an S.9 PCN) which was never served

     

    Procedural impropriety on the part of the Council

  8. I can see your point. The first thing the warden would have done. And the pocket book should confirm is send via post after obtaining your address. Is send the PCn via post.

     

    No. The CEO should have noted that the S.9 PCN was not served and the Council would issue an S.10 PCN within 28 days.

     

    Ok it sounds like you were served personally by what is said. But the warden told you a ticket was being issued.

    An appeal won't harm but don't expect plain sailing

     

    An S.9 PCN must be affixed to the vehicle or handed to the driver. Saying "it's just printing", doesn't cut it

     

    Simple thing is a disabled space is for a disabled person. This offence is what the public hate. Double yellows single yellows not displaying a ticket etc we all like to fight

     

    But using a disabled space. You asked for it

     

    This is a personal opinion, and a rather sweeping generalisation. Personally, regardless of the alleged contravention, I would fight any PCN. I tend to think as regards the law as opposed to any moral wrongdoing

  9. I would simply add that if an insurance company pys out for a written-off vehicle, then the vehicle and the VRM then belong to them.

     

    This is overcome by making a declaration at the start of the insurance that the VRM is for identification purposes only and remains your property at all times.

  10. That may not be wise dx. YOu are probably aware there is an on-going thread on CAG at the moment whereby a CAGger is being taken to court, not for the parking invoice, but for the dishonoured cheque specifically

     

    Since the cheque has not been presented and he has received another letter that fails to acknowledge his initial cheque (regardless of ignoring it or not), then cancelling the (obviously) non-delivered cheque for "security reasons" would satisfy any attempt to sue for dishonouring the cheque.

     

    He should, of course, write a short note or email informing them once he has cancelled it and then ignore any further correspondence from them.

×
×
  • Create New...