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Messages - coffee pot

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31
Non-motoring legal advice / Re: Injury claim
« on: February 28, 2025, 07:21:42 am »
There are three parts to an assessment for a claim. The first is the opinion; what you have suffered, and your injuries all appear to be soft tissue sprains. The second is causation; had you not had the incident in question (termed the material incident) what injuries would you currently have? This second part sounds a bit of a nonsense but if you had a pre-existing injury that had been made worse that would have to be teased out. The third element is termed quantum; how much is fair compensation for the injuries suffered?  All these are run through a Government agency called Medco which is a sausage machine for this sort of injury, and your report was created by pressing a few buttons and the template churns out. I have to say that £520 sounds pretty low to me; it's not much more than the person assessing you would have received.

These reports are normally done at 4 to 6 months after the event.

The pertinent questions now to ask are:

1. Howe long is it since the injury now?
2. How much have things settled?
3. Has anything else appeared since the assessment?

32
There is a time stamp on the pictures. I take it they calibrate the cameras they use and that they can prove that time is correct?

33
You might want to redact your name and address from the notice of decline of challenge.

34
My original advice based on a degree of knowledge in this area appears to have been removed for some reason, so I'll try again. Always go through your own insurer, not the third party's. There are several very good reasons for this I enumerated initially, but one worth noting is that you have paid your insurer to do this work for you.

35
The Flame Pit / Re: Following RTA, can one claim damages for stress, etc.?
« on: February 21, 2025, 10:38:30 pm »
Thanks, @Dave Green; I am well aware of that, hence my bracketed comments. I simply wanted to ensure that the OP received the message that psychological damage was a recognised complication of road collisions and got the ball rolling without the unnecessary smokescreens of insurers and other confusing but essentially irrelevant aspects.

36
The Flame Pit / Re: Following RTA, can one claim damages for stress, etc.?
« on: February 21, 2025, 04:34:02 pm »
You most certainly can claim for post traumatic stress disorder, but you have to meet the criteria. https://www.nhs.uk/mental-health/conditions/post-traumatic-stress-disorder-ptsd/overview/. Ideally, this should go through the insurers, but there is nothing stopping your friend contacting a specialist PI (personal injury) lawyer independently and discussing it with them. Most will undertake pro bono assessments. Your friend will need assessment by a psychiatrist and/or psychologist and/or a neurologist. Remember you have 3 years from the date of the incident to make a claim (although there are exceptions).

37
Let me get this straight. You M-i-L is disabled. The person who manages another property parks outside your M-i-Ls house, forcing her to find somewhere else to park and then the person who has caused the problem dobs her in when she struggles to park elsewhere as HE (I presume) has forced her out? That's despicable and probably discriminatory.

38
Speeding and other criminal offences / Re: Using phone whilst driving
« on: February 21, 2025, 11:06:42 am »
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. It all depends on how sure you are you were not on the phone. If, like me you NEVER use your phone in the car, you may feel sufficiently sure that you want to pursue this; after all, they might have mistaken the car or made some other sort of error. You can certainly start by examining the phone you had with you (I presume that is common ground) and look at your call logs at and around the time you were alleged to have committed the offence. Remember that calls can be made using data too, with WhatsApp for example, so you need to check those as well. Cut all the emotion out - it simply clouds your thinking. If you are getting more confident after checking your phone consider those next steps with your provider. If your logs aren't helpful you are probably best taking it on the chin, I suggest.

39
The Flame Pit / Re: A whole new world of council fighting has appeared
« on: February 21, 2025, 10:51:14 am »
Everyone has powers of arrest; the citizen's arrest. However, that is strewn with elephant traps.

    "Any person can arrest a person who is in the act of committing an indictable offence or
    Anyone whom he reasonably suspects to be committing such an offence, if
        it is not reasonably practicable for a constable to make the arrest instead and
        there are reasonable grounds for believing that the arrest is necessary, for one of the following reasons:

To prevent the person in question:

    causing physical injury to himself or any other person;
    suffering physical injury;
    causing loss of or damage to property; or
    making off before a constable can assume responsibility for him."

As everyone here well knows, an indictable offence is one that is tried at Crown Court. 'Not being in possession of a plastic bag', from memory, isn't in the list.



40
@maks, take a deep breath, and stop panicking. You are in good (others, not mine) hands here. These people are the best experts in handling situations just such as yours, but they need all the information you can provide. The councils attach tickets and hope to scare people into paying by various tricks and threats. The most important items are all the PCNs ('parking tickets') that have been put on your car. They will look at these, and can help you construct a defence. The experts will analyse your tickets, assess them against the regulations and the Law and even write you a response and sometimes represent you in proceeding, depending what is needed. They will take you through the process step by step. All you need to do right now is to take a picture of both sides of every bit of paper you have been sent or had put on your car, upload them (to imgur.com preferably), post the links here and let the magicians get to work.

41
He's also collecting a prescription from the pharmacy - will that do as loading a packet?

42
There appears to be no signage giving the restrictions to do with that yellow single line on GSV on that side of the road https://maps.app.goo.gl/tkdxZUvfYFB17WG77 although there is on the other side. An expert will be along shortly to say whether that matters or not. Were there signs on that side of the road when you parked?
There is a sign some way down the street, but not actually by a yellow line !
https://maps.app.goo.gl/PhAnf4Bd4j5UPF9z9
Looks like the usual council bovine stupidity when it comes to signing restrictions.

So don't just cough-up straightaway like >95% do.  Submit representations that the contravention did not occur as there are no signs in place that define the parking restrictions for the yellow line. Post up their usual Fob-Off letter when you get it so we can check it for fatal errors.

That sign appears to me to be to do with permitting the bays underneath to be used as pavement parking at the specified times and I thought that the sign @M456 notes appeared to be to be to do with cold callers. However, they are quite right, and after a lot of shuffling around I finally found this. However, even with the might of Photoshop I can't decipher it, so I guess the OP is going to have to go back to inspect it. [ Guests cannot view attachments ]

[ Guests cannot view attachments ]

43
There appears to be no signage giving the restrictions to do with that yellow single line on GSV on that side of the road https://maps.app.goo.gl/tkdxZUvfYFB17WG77 although there is on the other side. An expert will be along shortly to say whether that matters or not. Were there signs on that side of the road when you parked?

44
The notice of rejection?

"Thank you for your correspondence in regards to the PCN as mentioned above.
Having considered your comments and reviewed this case I can confirm that I have now
cancelled this PCN as the vehicle was parked on your own property and not in contravention.
The case is now closed and you are no longer liable for the charge.
Please accept our apologies for any inconvenience caused by this error."

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