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Messages - Martian

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Non-motoring legal advice / Aggressive, abusive neighbour over on street parking
« on: April 09, 2025, 12:45:46 pm »
Hi, I just wanted some advice about this.  I leave my scooter parked on the flat part of my road, as it can easily blow over on a hill.  I don't use it much in winter so it just sits there with a cover on, taxed, insured and MOT'd.

I parked it up the other day and heard a voice, I looked up and the neighbour was in the window saying "I have to get out of there in the morning".  I'd left him about 4ft of space by his car and said that, he asked me to park it by my own house.  I said I need it to be on the flat(my house is only across the road anyway lol) and I won't move it, and he replied "you wouldn't like it if I knocked it over".  I stood in the space and told him he has plenty of room to get out, he got angry and called me a f ing prick, then I heard him mutter to his wife that he should knock me out as he went back inside.

I remained calm throughout the incident, and didn't try to provoke him.  But what can I do if he does it again?  Should I have reported it to the police already?  I just want a peaceful life, and can't believe the way some people get territorial over on street parking. 

I'm thinking I'll take my phone out and record him if he does it again, also keep a diary of events.  Does a second interaction count as harassment?

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Non-motoring legal advice / Re: Problem with motorcycle garage/dealership, advice needed.
« on: March 31, 2025, 12:20:35 pm »
Quote from: coffee pot on March 31, 2025, 11:47:14 am
A competent technician can easily remap an ECU back to default; the ECU can be reset with the software you plug in. The software can also inspect the ECU contents to see what is wrong or has been changed. I'd suggest you find a Yamaha dealer who knows what they are doing.

I might have to, I do suspect that this dealership doesn't know what they are doing.  Although they have marked the work as complete, which is annoying as it's a free recall, whereas I may have to pay if I take it elsewhere.  It's left me in a tough spot with no answers.

I also don't really want to ride the bike, as it has an uncalibrated TPS sensor on it, not good on a bike with sophisticated electronics.

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Non-motoring legal advice / Re: Problem with motorcycle garage/dealership, advice needed.
« on: March 31, 2025, 12:19:00 pm »
Quote from: DrSatan on March 31, 2025, 11:33:16 am
Quote from: Martian on March 31, 2025, 09:08:49 am
it would be very strange for someone to pay for a remap, then sell the bike after less than 150 miles. 
Is it possible for someone to remap, realise something's wrong with the bike as a result, and then sell it on saying 'nope, never been remapped, honest guv'?

I agree, it's possible that someone has remapped it, however the previous customer would have nothing to gain by lying, and there was nothing wrong with the bike.  It was serviced at 502 miles and connected fine to that dealer's system. I received it on 650 miles, and the bike was perfect. So there really is no evidence that it's had a remap, the bike is completely standard with no signs of tampering.

The only reason it has gone in for a recall is because Yamaha have issued one for all bikes of this model.  So it's just strange that it won't connect.

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Non-motoring legal advice / Problem with motorcycle garage/dealership, advice needed.
« on: March 31, 2025, 09:08:49 am »
Hi, I recently took my bike to a local Yamaha dealer for a safety recall.  The recall was for a new throttle position sensor to be fitted, and for an ECU update to calibrate it.

The dealership fitted the sensor, but couldn't update the ECU.  They have asked if the bike has been remapped, I said it hasn't.  I got the bike on 650 miles from a Honda dealer, and on the service history it had the running in service at 502 miles, along with a printout from a previous Yamaha dealer showing diagnostic info. 

So I know they were able to connect to the bike at 502 miles, and it would be very strange for someone to pay for a remap, then sell the bike after less than 150 miles.  Honda spoke to the previous owner and they said the bike was not remapped.

My local Yamaha dealer is trying to wriggle out of helping me, saying that the only reason they couldn't connect is if the bike has been remapped.  They have also marked the job as complete on my service history, when they have clearly not completed the job as they couldn't connect to the bike.

Where do I stand here?  I am asking them to send the ECU to Yamaha at the very least, to check why they cannot access it.  I want to claim under my Yamaha warranty as I still have a year left, but they are saying Yamaha won't cover it if the ECU has been remapped.  There is no proof that it has, and with the evidence it seems extremely unlikely.

Thoughts?

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The Flame Pit / Re: A whole new world of council fighting has appeared
« on: February 26, 2025, 03:10:56 pm »
This is excellent news, about time they did something about dog poo.  As a sufferer of OCD, it ruins my day if I tread in it.

I read a few years ago that in parts of Spain, a dog owner is required to have their dog's DNA registered.  Then then test the poo and fine the owner.  I'd love to see that here too.

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Speeding and other criminal offences / Re: Using phone whilst driving
« on: February 26, 2025, 02:55:34 pm »
Quote from: sparxy 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.

But in this case, the officer is saying he saw them holding the phone up to their ear, so wouldn't call logs proving no calls were active be good evidence? 

This isn't advice, I'm just asking in case you missed it.

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Speeding and other criminal offences / Re: NIP for 24mph in a 20mph.
« on: January 30, 2025, 08:27:33 pm »
Quote from: d612 on January 30, 2025, 08:13:14 pm
Those are average speed cameras not specific cameras for speeding at one place.
So while one might be at the entrance off the roundabout there will be another (s) further down the road to work out your average speed over the distance.

https://www.plymouthherald.co.uk/news/plymouth-news/plymouth-speed-camera-hands-out-9751445

Streetview ofthe camera/pole on the pavement
https://maps.app.goo.gl/nnetXrRKxAMwmsNp9

Sorry but that's not true - the first camera is a dual purpose camera and catches people just as they come off the roundabout. There are more cameras for the average speed checks, but the first one caught me doing 24mph.  I'm 100% certain I didn't do an average speed of 24, and have the dashcam footage to prove it. 

The second I realised I was speeding I immediately slowed down, and was below 20 for most of the time until the next camera. I only travelled at 24 for a couple of seconds, this is why it's so frustrating as I missed one sign due to the placement immediately coming off the roundabout.

I was hoping there would be a defence of poor sign placement, as there are no repeater signs, and the camera is placed right next to them.  And to drive responsibly, I need to check to my right on a roundabout, then need to make sure the exit is clear, so it's quite hard to notice the signs when the traffic is busy.

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Speeding and other criminal offences / Re: NIP for 24mph in a 20mph.
« on: January 30, 2025, 06:16:14 pm »
Quote from: NewJudge on January 30, 2025, 05:39:00 pm
Quote
I honestly didn't mean to speed,...

Intent is not required to see a conviction for speeding.

Quote
I did one in April 22, so think I just fall within the 3 years.

What was the date of the offence which led to that course? If it was before 26th January 2022 you should be offered another one.

I honestly can't remember, as I just did the course and moved on.  It was actually in May so I doubt that the offence was too long before that.  Fingers crossed they offer me a course, as I have a clean licence and wanted to keep it that way.

Is there nothing at all I can do then?  This particular camera has been on BBC news recently, it caught 23000 in 8 weeks, it feels quite unfair.  I know that's not a defence.

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Speeding and other criminal offences / Re: NIP for 24mph in a 20mph.
« on: January 30, 2025, 05:12:36 pm »
Quote from: NewJudge on January 30, 2025, 04:12:58 pm
You should be offered a course for ha speed.

I did one in April 22, so think I just fall within the 3 years.

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Speeding and other criminal offences / NIP for 24mph in a 20mph.
« on: January 30, 2025, 01:29:45 pm »
I have received a NIP for doing 24mph in a 20 in Plymouth.  It's a particularly nasty camera location, as it's a few feet past the 20 boundary signs, and right next to a roundabout.  So as you look right to check it's safe, then come off the roundabout, a momentary lapse in concentration can easily get you a ticket.  It has the highest number of tickets in Devon.

The incident happened on 26th January on Old Laira Road, Plymouth. The offence is exceed speed limit 20mph(local order - unmanned camera).  Speed of vehicle was 24 mph.

Is there anything at all I can do about this?  Or is it going to be 3 points and a £100 fine?  Is it worth asking for photographic evidence, or calibration details for the camera?

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