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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.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Regulate Knives Like Firearms...


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Regulate knives like firearms... Please read this in context with firearms regulation to get a better handle on these ideas...

 

Knives carried in public must be regulated and it's easier than you think...

 

The law would say the following...

 

"A 'knife' is any object or device having a sharp point or edge, or can be used for striking by swinging and

is capable of being used or neglected to cause injury. This includes swords, chainsaws, bats, golf clubs and the like."

 

All 'knives' must be transported in a secure 'locked' holder to prevent use of the knife and provide a safe container

for transport so that injury cannot be caused by neglect either. 'Locked' can be zipped, closed or fastened container which cannot be readily carried on the person, like a sturdy bag but unlike a holster.

 

A secure 'locked' holder might be... If the 'knife' is new, this might be sold in an undamaged thick plastic blister pack of the type used by supermarkets already, a locked case, secure bag, vehicle, garage or kitchen drawer would suffice.

 

To be carrying a 'knife' in a secure 'locked' holder, the carrier would need to have a good reason for doing so...

These might be "household", "work" or "entertainment" related... Taking these in turn...

 

If a 'knife' is being transported for "household related" reasons then it would not be permitted to remove the knife

from it's secure locked holder at all in or to a public place. Secondly the transport of a household knife must be for a

good reason and the law should state that the only good reason allowed is to transport the 'knife' from a seller to

the buyer's home or back for customer services within a secure 'locked' holder.

 

In addition the buyer must also carry a receipt for the journey home, that is less than 24 hours old clearly itemising the knife by description whenever it is being carried, unless it was a gift or being carried for the purposes of customer services, which still requires carriage with the receipt, but no time limit. The key here is the reduce possession in a public place.

 

Also if the seller is a regulated seller, e.g. not a fixed shop or supermarket, then the regulated sellers licence number must be on the receipt and buyer is jointly responsible with the seller to ensure that the licence number is correctly displayed on the receipt. Licences for regulated sellers are described shortly. The transaction to buy the knife must be recorded by the regulated seller so that the Police can check the validity of the receipt based on the licence number and time of transaction if necessary.

 

Such a law would allow normal buyers of household knives from a fixed shop or supermarket with minimal intrusive

regulation and transporting the knife or knives home before opening the secure packaging that supermarkets and

shops already use. A more descriptive receipt would be required and a change of packaging to the secure variety.

Buying from a car boot sale would require a seller's licence, and the buyer would still require a secure locked

holder and a timed, dated and itemised receipt less than 24 hours old containing the sellers licence number.

 

If a knife or knives are being used, sold or stored for "work related" reasons and away from that persons residence

or fixed place of work, for example a car boot trader, a gardener, a telephone engineer or carpet fitter, then the

carrier or holder requires a "work related" licence. These would be regulated workers who require knives for

business or working purposes and are not fixed shops or supermarkets and do not have a fixed place of work. Fixed

shops or supermarkets selling knives would not need any licence.

 

To take a knife from a secure locked holder should only be allowed at the place of work or business and the knife's use must be work related. In addition a knife cannot be transported away from the place of work or business on the person, unless that person is inside a vehicle. Jumping out of the van to buy cigarettes with the holstered knife would be an offence. Walking from work with your knife in it's holster would also be an offence, it must be within a secure locked case or in a fastened carrying sack within it's secure locked holder. Regulations used for "household related" purchases of "work related" knives should be used so that people can take purchased "work related" knives home, to work or back for customer services and maintenance.

 

It would essentially be an offence to take a knife from it's secure locked holder away from your home or place of work unless you had a valid reason for doing so. A "work related" knife licence would require the main occupation or occupations where knives are being used, name, address and photo id of the holder is required, proof of address would also be required and the application must be in person. It should be a serious offence to fraudulently obtain or use a licence outside a listed occupation or with an incorrect address. Regulated sellers of knives would be obliged to record each transaction and provide to the buyer a timed, dated and itemised receipt with their licence number clearly visible. Both buyer and seller must ensure the licence number displayed on the receipt is correct and the buyer must only transport a knife in a secure locked holder.

 

For "entertainment related" purposes, knives as described above could be swords, chainsaws and even golf clubs.

 

Knives used at the place of entertainment should be unregulated beyond the current health and safety rules already

in place. People love golf and using replica swords like to fight each other in mock medieval battles, some

skillful lumberjacks also like to perform with chainsaws, so regulating these activities would be too much.

 

Transport of "entertainment related" knives however should be regulated, because we want to stop thugs carrying

golf clubs and baseball bats in public. In all cases the knives should be within their secure locked holders when

not at home or the place of entertainment. This would normally be a car, secure box or bag. Taking a knife from

it's holder away from the home or place of entertainment would be an offence. So carrying a single golf club, bat

or other item claimed to be for "entertainment related" activities would be an obvious offence. A person taking a

golf club onto the school playing field would need a bag for carriage.

 

Golf clubs and sports equipment could be exempt from a licence provided they are transported to and from the place of play in a closed bag. And that place of play should not include a school playing field, which in any case isn't allowed by the land owner.

 

Failure to comply with these rules should be an arrestable offence, result in confiscation of the knife(s) and

offenders subject to fixed penalties that rise in severity with each occurance. This would also therefore include spikes, garden tools, swords, chainsaws, clubs, bats, hammers and the like.

 

Knife licences should be cheap and easily obtainable from Post Offices and carry name, address and passport photo, like a modern driving licence. The licence should also include what knives the person is allowed to carry. A gardener

would be allowed to carry almost anything, but to do so they would have to be working at the time, this means they

would have to convince an officer that they were transporting the knife from their vehicle to a residence to do

work or back again so they would also have to show a written order for work.

 

A theatrical knight with a sword would be easier to control. He'd need a secure box for his sword and either some event tickets or an official pass to be allowed past an enquiring Police officer. Anyone convicted of using a knife as a weapon should not be able to obtain a knife licence without permission from a magistrates court. Anyone given a fixed penalty notice for a third time should be banned from carrying a knife for a period of months or years.

 

A community police officer should have the power to confiscate a knife and give a fixed penalty notice to anyone carrying an unlicenced knife or a licenced knife without a good reason for carrying it. If the reason is weak and the officer is not happy with the reason given, the carrier must prove on the spot with written evidence such as a purchase receipt and the carrier has the right to get the knife back later by proving the reason given was valid at a local collection centre within 7 days.

 

Any 'knives' not claimed within 7 days would be destroyed. The officer must arrest the individual, confiscate the knife that is either unlicenced, not being carried in a secure locked holder and where written proof of the reason for carriage is not present.

 

If knives are treated like firearms, then knife related crime can be reduced... Like firearms, one can't stop criminal use, but you can reduce possession in a public place using licences and regulation of use. Some of these

provisions already exist, but placing knives up there with firearms is a step forward...

Edited by rapidone
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Seems unworkable, for example:

 

House Knives:

 

You state that houshold knives must not be transported other than from the seller to the buyers house, and that they shold be transported with a proof of purchase no older than 24 hours.

 

The obvious flaw here is what if i buy a knife then wish to return it 3 days later? Or buy a knife as a present? or i am moving house...?

 

A knife is such a common tool, making laws and regulating them is very hard.

 

A good law does its best to balance public safety, our rights as well as not being too intrusive. So your suggested regulations would probably not go down well!

 

Including things like bats and golf clubs under the term "knife" would probably be going too far as well.

 

The law already says that any item, if used in a threatening manner, is classed as an "offensive weapon". The law also states that it is illegle to carry a knife without a good reason.

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Thanks for your feedback :-)

 

I've made a couple of additions and yes customer services should be included as a 'good reason' but of course you'd need to retain the receipt even if it was a gift, though I can think of better presents ;-) maybe a crossbow ;-)

 

I've added this... "Golf clubs and sports equipment could be exempt from a licence provided they are transported to and from the place of play in a closed bag. And that place of play should not include a school playing field, which in any case isn't allowed by the land owner."

 

Like the smoking ban, this law would focus the use of knives into acceptable and unacceptable use, pretty much no-one smokes inside a public building now and those carrying knives casually or otherwise would risk arrest and a fixed penalty or worse.

 

CRB check is a good idea and perhaps we should make parents build a shed at the bottom of the garden to hold all knives and only with rubber ends ;-)

 

I'm being flippant of course and joking apart...

 

Clearly there's a need for regulation and the current laws and penalties don't go far enough. In the US you can buy a gun from Walmart next to the baked beans and no-one can say that's a good idea. The UK tightened up firearms law after Hungerford and Dunblane, but in the UK you can buy offensive knives anywhere and my ideas are to help our government put some more effort into this, which seems to have got out of hand. Banning knives is probably not the answer, but reducing the numbers on the street by regulation and licence might be an area to consider seriously.

 

All the best :-)

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