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Messages - sparxy

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1
Whilst it may be sorned, the council (and environmental depts) may be interested if it is VERY unroadworthy.

We had a car sorned in my old flat car park, flat tyres, moss growing on windows/doors, food inside dated 3 years previous. The council came and placed a notice on it that it was going to be removed, followed by a scrappy sticking a business card on it, then it disappeared, presumed taken by the council (or a scrappy).

So it can be done, but will probably depend if it is just sorned and roadworthy, or sorned and a danger to the environment.

2
Speeding and other criminal offences / Re: No insurance help
« on: March 17, 2025, 10:05:01 pm »
Scroll down on this page for "places that are not public places" https://thedrivingsolicitor.co.uk/2019/03/11/road-or-other-public-place-where-do-driving-laws-apply/

Where exactly was the car park and what business is it associated with?

3
Non-motoring legal advice / Re: Excess car hire insurance
« on: March 15, 2025, 06:51:44 pm »
Or depending where you go in Europe (Lanzarote for instance, but I understand the same firms operate in other Spanish countries too), some hire firms have zero excess.

Worth checking before you splash out for excess cover, when it's not required (as I almost did!)

4
The Flame Pit / Re: Second hand car, where do I stand
« on: March 15, 2025, 06:37:30 pm »
"Leaking" or "misting"?

I had a "misting of oil on a shock absorber" on the first MOT after owning my car, and it has never been mentioned again. Either the oil has run out, or it wasn't a misting of oil...

How long had you owned it when you first reported the fault?

If within 30 days, in theory, you have the right to reject as its faulty. But at 6 weeks now... you appear to be outside of that window.

If more than 30 days and up to 6 months, you have to give the dealer one chance to repair/replace/refund (their discretion), the onus is on them to prove the fault was not present at time of purchase.


Depending upon the year of car, you may find that the car has had less services than you would expect. These are solid cars (again, depending on age) if well looked after, and if you do the appropriate miles for a diesel to do its regens you should have no issues once these are all solved.

5
However, for competent drivers, any hazard should be able to be visible from far enough away to react at the national speed limit.
Any hazard?
What if the hazard is a reported diesel spill, something that may be invisible or not be visible until extremely close or it could be a vehicle that has totally left the carriageway making it hard or impossible to see and the potential hazard could be glass or similar in the active lane.

Not sure that either of these, if not visible from a car at NSL, would be a hazard to a car. A motorcycle? Possibly. But with the majority of motorways being relatively straight even a diesel spill becomes less hazardous.

You could say the same for the lorry that overfilled its tanks at a rural petrol station, then emptied the excess in the first right hander following the fuel station. No hazard signs, no forward warning that it's there except for Mk1 eyeball and observations.

6
Might also be an idea to email the DVLA's data protection officer, you have a right to rectification of inaccurate data. They may be able to kick the right people up the bum to get this corrected (or check themselves).

I would include the information you already know, including that you have asked the court and they have confirmed this person has the same name and DOB, but a different address.

SubjectAccess.Requests@dvla.gov.uk

7
Quote
You will always have to engages with your insurance and look at their advice. If they advise going through an accident management company be aware of what has been said in previous posts.

Only as far as you're contracted to do so, i.e. informing them of an accident. You absolutely do not have to claim through them, but if you don't, there are benefits and risks.

8
Speeding and other criminal offences / Re: Using phone whilst driving
« on: February 21, 2025, 11:49:34 pm »
Quote
Your own evidence might consist of your phone logs at that time, either retrieved from your device or, more impressively, provided by your service provider

"Using" a handheld mobile telephone or other device as listed in the legislation can simply be illuminating the screen. Whilst call logs (either from the telco or from your own whatsapp call logs/messages) show you didn't call or message anyone, they do not prove you weren't using the device.

https://www.legislation.gov.uk/uksi/1986/1078/regulation/110

9
The only downside I understand of dealing direct with the third party insurer, is that if you need to make a complaint (for instance, if the repair is not satisfactory), you may not be able to take it to the insurance ombudsman as you are not the customer of the third party insurer.

10
The Flame Pit / Re: How do we get more people to fight their PCNs?
« on: February 17, 2025, 06:10:56 pm »
You need a front end/ triage process - what happened? when? leading people very gently through the process

You still need oversight, the general public are extremely unreliable in answering questions, no matter how simple they may be. Add to that confusion over what a document is (i.e. PCN, FPN, parking charge notice that COULD be a PCN because it has the same letters), etc.

The design I had in mind was a flexible (graphical) wizard designer that could then produce a list of tabulated answers, simple conditionals to show/hide steps or go to a certain place in the wizard... so that those that know far more could actually design said questions and get the answers they want. It never got past the file upload/simple case preview stage as university comes first!

11
The Flame Pit / Re: How do we get more people to fight their PCNs?
« on: February 16, 2025, 06:02:57 pm »
Judging by the speed of responses from SP83 and the OP I'm guessing you have some boiler plated responses prepared, this would be a good starting point.

PM me if your interested/agree that we need something to take up the 'easy win' tickets. @Southpaw82 : If this is to progress the best place for it would be as part of this site, and for that we'd need the owners permission. It's possible to host it elsewhere, if required, but would be better within this sites' mechanism for maintenance etc.

Whilst I have toyed with (and mocked up a wizard like site with upload facility), the biggest barrier is the end user and their comprehension of the paperwork or situation in front of them. Some of the key timings / information need people to accurately answer questions and (for instance) know what stage they are at.
Unless you're getting AI/OCR involved with scans or pictures, as demonstrated by threads on here sometimes not getting the details required even 4-5-6 posts in, the weakest link is going to be the user.

Perhaps a better option would be for the user to start the process, it to be moderated/validated for the stage they are at, then allow the automated system to continue?

If you do need any help just shout.

12
The Flame Pit / Re: UNINSURED ACCIDENT ABROAD
« on: January 05, 2025, 12:46:02 am »
The obvious question is what was the status of the car at the time? A UK reg must be continuously insured or SORN, so which was it?

I read this as the OP went abroad with his friend and drove his car (friend insured, car insured, but OP not), since OP was driving, those are the details the foreign police / third party had (and since they don't tally with any insurance policy for the car, the friends insurer have said "not us guv" when the MIB have asked)?

13
Quote
so it's possible for two people born in different centuries to have the same licence number, minus the last few random digits

Not to mention the same first, middle (or lack of) and last names, and the random digit.

ABCDE (5 digits of surname) YMMDDY (Decade of year, month 01-12 if male or 51-62 if female, day 01-28,29,30,31, last digit of year) F (First initial), M (Middle initial or 9), Random digit (normally 9), ZZ (Computer check digits).

14
Speeding and other criminal offences / Re: No NIP ever received
« on: December 27, 2024, 10:17:51 pm »
Quote
I’ve confirmed with the DVLA that both my driving licence and vehicle logbook have the correct address recorded.

What counts is what was on your V5C at the time of the offence. You MUST check your V5C has the correct address (and postcode), and that the DOCREF date at the bottom is prior to the offence.

You may be able to check this online with the "Date last V5C issued", but you won't be able to verify your address is correct this way.

Do you have a history of postal issues?

Whilst the regulars aren't here: You will need to make a statutory declaration within 21 days of becoming aware of the proceedings which will reset the process back to the beginning of the court process. Let others come and give you advice before doing anything off your own back.

15
Non-motoring legal advice / Re: Consumer Rights Act (2015)
« on: December 26, 2024, 05:24:43 pm »
For the first 30 days they can just reject for any faults.

30 days to 6 months the onus is on you to prove the faults did not exist at time of purchase, presumably you're not disputing it's a manufacturing defect.

The consumer is entitled to one of the following, at your discretion, in the first instance:

  • Repair
  • Replacement
  • Full or partial refund*

They are not entitled to refuse the first two options unless it will cause significant inconvenience, is disproportionate to the cost of the goods, attempts to repair or replace have failed, repair or replacement is impossible, or repair/replacement will take a significantly long time.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

https://www.businesscompanion.info/sites/default/files/CRA-Goods-Guidance-for-Business-Sep-2015.pdf

FWIW: I have claimed through S.75/Chargeback (the card company I use has the same form for both initially) and they did reach out to the other company for their side of the story. If you are complying with the consumer legislation I can't see them siding with the customer unless you're being unreasonable.

That said, would it cost you more in return postage than the CC fees?

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