questions

Is there law regarding acceptable maximum temperatures in the workplace? — by Conrad Murray — last modified 2008-04-30 08:25

I work in a bar in a bingo club to day I checked the temperature behind the bar at it was touching 30 degrees centigrade. I made a complaint to the management but they said they won't do anything about it. I was just wondering whether there was a law for temperature levels in the work place as surely such high temperatures as this can cause health problems.

Can I claim for osteoarthritis caused by systems at work? — by Conrad Murray — last modified 2008-04-30 08:25

I have worked for my retail company for the last 28 years, I have been told by my doctor that I have Osteoarthritis in my neck? It can be due to wear-and-tear as I am 48, however as VDU's were not in use in 1979 and now there are Health & Safety regulations would I have grounds for a claim? I am a Stock Manager and need to use one throughout the day. I have no time to sit at a desk as my job role needs me to be mobile and stand to use the stock systems.

Why do the DVLA release driver details and can the registered keeper be bound into a contract with a private parking company if they are not present? — by conrad — last modified 2007-04-25 06:17

My wife is currently disputing an attempt by the company Parking Eye suggesting that she, as the registered keeper of a vehicle, is liable for a penalty charge raised on a private car park. My understanding is that any such charge would only arise as possible damages for contravening a possible contract entered into by a driver of the vehicle at a private car park? In order to harass my wife in this way Parking Eye obtained her details as a registered Keeper from the DVLA. As the details of the registered keeper of a vehicle are of no relevance to any such dispute between a driver and a PPC why are the DVLA agreeing that there is reasonable cause to supply the registered keeper's details. Surely the DVLA are in breach of a duty of care at the very least?

Claiming compensation for equal pay: a solution for former local government workers whose claims may have timed out — by Matthew Roddan — last modified 2007-03-06 08:19

The Equal Pay Act 1970 established the right of all female workers to be paid an equivalent salary to that of their male counterparts but in local government practices continued which conspired to deny many local government workers their rights. Many workers, mostly but not exclusively women, have been systematically denied their rights to equal pay with other workers doing comparable jobs and some claims have run out of time. Here equalpaylawyer.co.uk suggests a possible solution.

No fault accident where police have numberplate but are unable to trace driver: do I risk legal costs? — by murdom — last modified 2007-04-16 16:20

I was involved in a car accident in February, which wasn't my fault, resulting in a neck and shoulder injury and my car almost being written off. I reported the accident to the police immediately as the transit van involved had failed to stop at the scene. I was able to note the number plate of the van and obtain a witness report. My insurance company agreed to my car being repaired and placed my case in the hands of their solicitors. I am undergoing medical treatment for my injuries and have recently had to have an independent medical examination too. My solicitors and the CJU-Police have been unable to trace the driver of the van, although they were able to trace the insurance company and the van is licenced. I have now been told that my case may have to be referred to the MIB and I am worried that I will have to fund this. Are there no other avenues that the police,solicitors and my insurance company can take in tracing this driver? I assumed that by giving the vehicle reg number and having a DVLA check, that this would be enough to trace the driver. It appears that the van is registered under a company name yet the police would not send out an officer to the address given, as the van was registered in Hertfordshire and the accident happened in Essex! Why is that?. If anyone out there has any advice to give me it will be greatly appreciated as I feel let down by all of the organisations that are supposed to be there to help me.

Driving 24 years overseas but I have three points and am a probationary driver in the UK. If I get 3 more points will they ban me? — by conrad — last modified 2007-04-26 12:22

On 8 Aug 2006 I exceeded the speed limit by 6 mph. I was driving a company car using an international license as I am non British. I pleaded guilty and paid the £60 fine. No points could be endorsed on the international license. I do not drive currently. I have applied for a Provisional UK License and hope to get a full UK driving license in the next few months. I have been told by DVLA that I must submit the provisional license to be endorsed with the 3 points and that if and when I get the full UK license it will have 3 points on it. These points remain for 4 years. In the first two years of driving if I get 3 more points i will lose the licence and have to resit all the tests. Can I somehow get these points off my licence (when I do get it) before the 4 year period. It seems very harsh. I have been driving for some 24 years with a very safe record.

Is it an offence not to have airbags? — by conrad — last modified 2007-04-26 12:43

What are the legalities of regarding car airbags. We have recently found out that our car has no driver's airbag as it was triggered previously. What is the law in relation to not having airbags and is this an offence.

Gross misconduct in employment law - can one resign before the final hearing? — by Conrad Murray — last modified 2007-04-29 07:05

If you were a PAYE employee facing a legitimate charge of gross misconduct (with all proper procedures followed and a final outcome hearing to follow shortly), where the outcome is 99% certain that you will be sacked (as another employee already has been), is it legal for them to resign before the final gross misconduct hearing? In other words, if you are facing a legitimate charge of gross misconduct, is it legal for an employee to hand in their resignation mid-procedure? Or does that person have no option but to wait and until the conclusion of the gross misconduct hearing before resigning? Would this situation be different if the employee was not PAYE but a self employed contracted worker also facing a charge of gross misconduct but also wanting to resign beforehand (would he be able to claim monies owed for work done prior to his gross misconduct charge or, because he is contracted out, would he have no entitlement to this money following either the end of his gross misconduct or resignation)?

Red light offence: photograph shows the car but doesn't show the red light — by conrad — last modified 2008-04-30 08:25

I have been caught out for a traffic order offence for jumping a red light and given 3 points with £60. I have the photographic evidence, which doesn't show the visibility of the lights from my vision. Moreover the pedestrian was still standing on the kerb well after I have crossed the lights, which means the pedestrian lights were still not green. How does it then conclusively prove that I have jumped a red light?

Banned driver who failed to reapply caught for speeding: what will the penalties be? — by conrad — last modified 2008-04-30 08:25

I lost my licence in February 2002 for 18 months. I have not re-applied. I was caught approx 20mph over the speed limit with no licence but insured on someone else insurance. What will happen to me?

Caught on a speed gun at 53mph in a 30mph zone: possible defences? — by conrad — last modified 2007-04-29 08:56

I was stopped for speeding by an officer standing at the roadside with a radar gun. I have a couple of questions which I hope you can help me with : 1) The 'recorded' speed was 53mph in a 30mph zone. The 30mph zone was a small village B road of approx 500m long - no schools or anything just a couple of houses. The officer gave me a fixed penalty fine/£60 and I have been asked to surrender my licence at the local police station. If this is a fixed penalty fine will this be just 3 points? The offence code he logged was L018 / Exceed Speed. I was slightly uncomfortable about the way I was pulled over, and following chats with a couple of friends I decided to write in to you. a) There were no signs showing speed camera in operation - do they have to do this? b) The officer had the radar gun already pointed down the road but I read that he should at first assess my speed and then point the gun at me for at least 3 seconds? I must have been over 100 metres away when he first saw me as I came round a corner. I hit the brakes as soon as I saw him so I cannot think I was doing 53mph by the time he monitored my speed. He was not clearly marked as his car and colleague were down a country lane and his fluorescent jacket was unzipped. c) He waived me into a lane opening and showed me the radar device with 53mph marked on it without me asking to see it, I asked if they were testing speed here due to a number of road accidents and he said no. He said that they were here as this B road is on their Red Route - I have been down many Red Route Roads before and they seem clearly marked but there was no such markings on this road. d) Although he says I was speeding at 53mph, which is 23mph over the limit he was still OK with this being dealt with by a FPT - was he just being fair or does this sound suspicious for this level over the speed limit ?

Speeding offence: will a court take account of the time and road conditions? — by conrad — last modified 2007-04-29 09:29

On my wedding day 2 weeks ago I was flashed by a camera facing me and have now received a NIP for doing 47mph in a 30mph limit at 7.13am on a Saturday morning. I don't dispute that I was doing that speed, I was in my boyfriend's car (now husband's) and didn't realise how fast I was going as I admit I wasn't concentrating as much as usual. I am so annoyed though as I never speed in urban areas and I am a GP so need car for work. From what I've seen on here I'll get FPN - 3 points and £60 fine, is there any chance I'll get taken to court? Could I take a speed awareness course instead or was I too much over the limit? I presume there's no point contesting it as I'm guilty and may get more severe penalty, particularly if they think I wasn't concentrating fully. Do courts ever take into account the time of day and how busy the road was?

Excel parking: broken machine, dodgy tickets, and proof their appeals procedure is a sham. Bring in Trading Standards... — by conrad — last modified 2007-04-29 09:29

On the 10/5/06 I arrived back to my car to find I had received a Parking Charge Notice issued by Excel Parking at the St Peter Retail Park in Mansfield Notts. Stating I had contravened code 82 which is Parked after the expiry of time in a pay and display car park. As I had paid £1 for 2 hours and arrived at the car park at 13.59 I was rather upset. When I looked at my ticket on my windscreen I realised I had been issued with a ticket that stated paid until 13.59 and the amount paid was £0.00. If I had not paid and just pressed the button on the ticket machine I would have been given a ticket for half an hour I concluded that their machine was faulty. In order to report this I had to ring their premium rate line and I was told to send them the ticket. This I did by recorded delivery and attached a letter, which I also emailed straight away. I received a letter back dated 19/5/06 saying they were unable to cancel the Parking notice, as it was my responsibility to ensure the amount had registered I rang up the CCTV section of Mansfield District Council and was told the Person who dealt with the requests was on holiday, however they would be able to provide me with proof of the time I arrived. On the 25/5/06 after ringing the CAB I was informed that Excel parking could waiver the Parking Notice if their machine was faulty and also if the Notice was incorrectly filled in so I sent a letter stating the above and where the Parking Charge notice was completed incorrectly and if they had checked their reconciliation of their machine they would find it would not tally up and could they provide this information to me. I was completely ignored and sent an intention to take me to court if I didn’t pay £100. I rang the CCTV section again and found that I had missed the date and could not have this information as it had gone, but they had one of Excel Parking Commercial people coming in and they would ask him to look at my case again. After about 2 weeks (the beginning of July 2006) I had not heard anything I rang Excel and spoke to an Alun Cockcroft who said they were going to write out and request my ticket, however he stated he would not be dealing with this case he seemed rather embarrassed when I said I had sent the ticket back recorded delivery. I never heard anything again until 23/1/07 when I received a letter back stating again they could not cancel the charge. I then contacted my MP’s office and they wrote me a letter in which I was again informed that I had to pay as no fault was reported on the 10th May 2006 (which I had), and he did not know who had informed Ms Penlington that CCTV would be available. He could not see it being one of Excel Parking staff and the letter was signed by Alun Cockcroft who was asked by the CCTV section of Mansfield District Council to look into my case again in the first place. I was amazed by his reply. They have now passed this all onto Commercial Collection Services who sent me a letter dated 24th April 2007, that if I do not pay £125 by 2/5/07 they are authorised to prepare documents for the issue of County Court proceedings. Is it lawful that there is no independent body of appeal as Excel Parking act as their own tribunal, which seems unethical?

My car is a write off: can I recover my unused insurance premium as part of my uninsured losses? — by conrad — last modified 2007-04-29 10:05

I am facing a total loss on economic grounds following damage to my vehicle. (The anticipated repair costs of £1500 exceed the market value of my vehicle.) The other party is deemed to be totally to blame for the incident. My insurance company has offered £550 in settlement for the write-off but owing to the claim there is no pro-rated refund of premium for the remaining months of the insurance policy term. If I replace the vehicle with a similar model, the reinsurance premium for the replacement car for this remaining term would be about £150. Would you expect that I could recover this additional cost as an 'uninsured loss' from the other party?

Pulled over for speeding: what is the procedure for being issued with a summons? — by conrad — last modified 2007-04-30 06:44

I was pulled over in a 30 doing 55. Neither of us got out the car (me or police officer, I was driving alone) He told me through the window that it was too fast for a ticket so it meant court. However just before he drove off I had the impression he was letting me off the hook. Is this just very wishful thinking? What is the procedure for a court summons from being pulled over? Is it a letter too?

Car damaged in hotel car park by delivery vehicle: can I claim against the hotel? — by conrad — last modified 2007-05-01 17:22

My car was damaged on the car park of the Big Blue hotel in Blackpool. The person responsible did not stop. The car park has a sign up saying that cars are parked at the owners risk and the company cannot be held responsible for damage, theft from any vehicle. We believe this was caused by a delivery vehicle dropping its tail lift. Can I claim from the hotel for the damage?

Am I responsible paying for a friend getting parking tickets on my vehicle? — by conrad — last modified 2007-05-02 12:11

I lent my car to a friend, they ran up 4 parking tickets. Am I responsible for paying these? I have been threatened with a removal bailiff coming to my house to collect my belongings if not paid before 12pm today.

Liability for hitting car parked on yellow lines in a car park — by conrad — last modified 2007-05-02 12:18

I reversed into the side of a car which was parked on double yellow lines in a car park. The damage is minimal and I have left my details, I am liable?. I have also taken photos of the car in question

Dodgy parking company using threats to collect on Lidls ticket — by conrad — last modified 2007-05-02 12:46

At the start of february I received a parking fine for parking over the time in the Greenock branch of Lidl's. I disputed this and on 27 February received a letter to say that they agreed to waive this charge and would notify TPS Parking Solutions of this arrangement. In between this I had sent a cheque for £45 to TPS just in case. However, this was returned to me as, in all innocence, I had forgotten to sign it. At this time I was still waiting for the result from Lidl but had received a letter in response to my letter asking for further details. I sent a copy of this letter to TPS who in return wrote to me saying that "further to your representations, we will hold this charge at the current status for a further 114 days from the date of this letter". The letter is dated 26 Feb. Lidl waived the parking charge in a letter dated 27 February. TPS however sent me a further "Legal Action Pending" letter dated 12 March. In response to this I sent them an e:mail saying that the fine had been waived. They replied that they were still looking for payment. I called Lynn Hynds of Lidl at this who said that she would contact TPS again telling them to forget it. Yesterday (30 April) I received a Bailiff Appointed notice from the National Enforcement Services with an amount due of £142.31 for this fine and saying interest is accumulating and that a bailiff may attend with a warrant and remove goods or vehicle. Can you advise please?

Plain police car gesticulated at me while undertaking manoeuvre: will I face charges for an offence? — by conrad — last modified 2007-05-02 13:53

I was driving through a busy area this morning, traffic was moving slowly. I needed a right hand turn governed by traffic lights and as I saw the lights, I indicated right and pulled across into the lane. However, I then realised it was not the right turning for me, indicated left that I was going to pull out, waited for a clear space and drove off. However, as I turned right at the next traffic lights (the right ones this time) a car behind (who continued straight ahead) blew his horn a lot and when I looked across was waving what appeared to be a warrant card at me. I presume this was an unmarked police car. Can you tell me if it is possible I am going to be prosecuted. The manoeuvre I undertook was safe in my opinion in that I indicated in good time, look in my mirrors and made sure there was a safe distance before pulling out. I am confused as to why the individual was blowing his horn and gesticulating at me.

Defective Vehicle Scheme: can I be charged with an offence if the vehicle was fixed? — by conrad — last modified 2007-05-02 14:02

I was pulled by traffic police in November 2006, the officer noticed my tyres were rubbing the arches due to it being lowered and issued me with a PG9. I got the car MOTd again and fixed the problem and got the PG9 taken off. However I've just received a summons from the court explaining that I am going to be charged with this offence. What will be the likely outcome in court?

Car scratched on skip without permit: can I claim against either Highways or skip company — by conrad — last modified 2007-05-02 15:03

I have scratched the side of my car on a skip parked on the road. The skip itself was sitting on double yellow lines and following an enquiry with the local highways agency (Oxford) it transpires the skip has no permit. I was forced to pull in sharply because of a van approaching in the opposite direction. The situation was exacerbated by the narrowness of the road and limited visibility owing to the skip's propinquity to a bend in the road. Do I have any grounds for claim either against the council or the skip company?

Caught speeding in Ireland: must I pay the 80 euros fine? — by conrad — last modified 2007-05-02 15:58

I just received a Fixed Charge Offence from Irish Police (An Garda Siochana) for speeding offence (GATZO camera) in County Louth. This was in a hire car whilst on a weekend break. The ticket is for 80 euros and requests driving licence information: Am I obliged to pay and if not will they pursue it? Am I obliged to give licence information and if so will I get penalty points on my licence? Could I just ignore and deny that I have received any such notification and claim it was never received?

Red light offence, also no licence and no insurance: what are the likely penalties? — by conrad — last modified 2007-05-02 16:21

On 26th April 2007, one of my friends was caught by police for driving in red light. She was driving a car belonging to her uncle. She had provisional driving licence. However he had no insurance. The Police Officer did not arrest her, but kept her name, date of birth and address. He also wrote a statement regarding the said offence and took her signatures. She has no previous criminal record or any other offence? What punishment would she receive from the court?

Minor collision at junction where other driver fled scene. I don't want to lose my no claims bonus: advice? — by conrad — last modified 2007-05-02 17:01

I was involved in a minor collision at a road junction. I was on the priority road, and the other vehicle turned right across my path. Although the speed of impact was around 20 MPH, and the damage caused was minor, the other party left the scene without exchanging details. I reported the matter to the police, and have since located the offending vehicle. I do not intend to pursue a claim via my own insurers as it would jeopardise my No Claims Bonus. Any advice would be gratefully received.

Is it illegal to drive in a private car park without a seatbelt? — by conrad — last modified 2007-05-02 17:04

Is it illegal to drive in a private carpark, eg shopping complex, without a seatbelt?

6 points already on licence and now caught twice for speeding on the same day. Will I be banned under the totting up procedure? — by conrad — last modified 2007-05-02 18:00

I have 6 points on my licence already. I have now just received 2 summonses for offences on the same day. One I remember I was driving up a hill. The camera was on the opposite side of the road and flashed once. There were no markings on the road. That's a 38 in a 30. The other is for 84 on a 70. I don't remember that at all. I certainly don't think I was flashed but to be honest it was a major road and I was probably doing that speed. I realise I have been stupid and need to keep to the speed limit in future but am frightened about losing my license and am not sure how best to proceed and if I have any chance of avoiding any of these points. If I'm convicted for both and have therefore 12 points is that an automatic ban?

Money laundering question — by Conrad Murray — last modified 2007-05-04 06:22

What is the maximum amount of cash I can use to purchase an article without being reported for money laundering?

Resigned but not paid for additional days worked nor received holiday pay — by Conrad Murray — last modified 2007-05-04 06:51

I worked at a restaurant as an assistant manager. I went out and found a new job after receiving a written warning from my employers. I then gave them a resignation notice. While I was unable, due to the hours of the new job, to continue working full-time, I offered to cover shifts for them (up to 3 or 4 a week), to break the workload of my manager or until they found a replacement. I worked several days for them after my resignation until I was told they would not need me any more. They have not paid me for the extra days I worked nor for some days before I resigned. In addition, I estimate that I am owed roughly 5 days holiday pay since the start of the year, having taken none.

Accident took place but third party insurer is doing nothing about my claim: what next? — by conrad — last modified 2007-05-04 07:24

Back in October a car driver performed a U turn which caused me to crash my motorcycle. The driver's insurance company were written to on Dec 19th with a claim for liability. Four and a half months later their insured has not responded. What is my legal position now? What should I do next?

Law relating to matrix signs on a motorway — by conrad — last modified 2007-05-04 07:23

Please can you explain to me the law on motorway matrix signs. When it flashes 50 or 30mph, is it mandatory to obey these limits/signs or advisory. I have heard that if the sign is bound by a red circle then it is mandatory but if not then it is advisory,

Moving to Spain: what paperwork should I have with me? — by conrad — last modified 2007-05-04 07:28

Later this year I'm planning to move to Spain. At some stage later, I plan to hire a van, either from Spain or England, and collect the rest of my belongings to take to Spain with me. Would I need a different type of insurance, as I'm moving goods (albeit personal goods and belongings) abroad and what paperwork I should have for customs, etc. Any advice would be very gratefully received.

Car hit by bus: my employer wants to concede liability but will this affect my injury claim? — by conrad — last modified 2007-05-04 07:49

I had just parked the car and had the door slightly ajar when a bus hit the door. I hadn't opened the door into his path and he was running extremely close to the parked cars as I had hold of the door. I have been informed that I am at fault as it was a bus and they always have right of way. It was a works car so its not my insurance and they are going to admit fault as a result i am going to be made redundant. Can I make claim against the bus company myself as I was injured because I had hold of the door and was taken to hospital. Are they correct am I at fault because it was a bus?

No fixed penalty offer and summons issued more than six months after the offence: can they proceed against me? — by conrad — last modified 2007-05-04 08:17

My husband received a Notice of Intended Prosecution for contravening a red light where he named me as driver. I accepted my own NIP and expected to receive 3 points and a £60 fine on a fixed penalty notice. Three months later I received a letter to say could not be dealt with by fixed penalty and would be referred for prosecution by a court. I have recently received the summons but it is more than six months since the offence. Is the summons still valid? Any suggestions where I go from here?

Seat belt defence: going to court and police procedures — by conrad — last modified 2007-05-04 08:35

If its the police's word against mine and there is no other evidence can I still be convicted by magistrates of not wearing a seatbelt? Can I claim for loss of earnings for attending court? Can and will the prosecution use previous speeding convictions against me? Is there anyway I can find out about things like how experienced or how long the officer has been in the force? Where can I find information on traffic laws and police procedures?

Accident scam and road rage yet the police are threatening me with careless driving charges and failing to stop at the "accident" scene — by conrad — last modified 2007-05-04 08:59

I was turning right onto a two way high street from a side road, and as the road was clear and no vehicles were in sight I moved out and waited for a split second while the other lane became clear to continue my manoeuvre, when a vehicle appeared in front of me from the first lane attempting to move over onto the other lane in order get in front of me. I braked and there was no contact with the vehicle, but the driver's passenger got out and began shouting abuse at me, I wound my window up and locked my door and became very frightened as he continue to come towards me, as the driver was then blocking the high street, his passenger got back into the car, and shouted abusively at me to pull over, saying I hit his car. As I was alone and felt they were both shouting abuse and was very aggressive, I did not pull over, and continued on my way, although as I did not make contact with his vehicle I did not know why he wanted me to pull over, except to say he was very angry. He then did a U-Turn in the High Street and followed me driving inches from my bumper with his lights flashing and horn going. I did not stop. I have now received a letter from the police asking me for confirmation of who was driving the vehicle and stating I failed to stop at the scene of accident and careless driving, which I profusely deny. Can you tell me was I wrong not to stop? There was not an accident as far as I am concerned but a dreadful display of road rage. What do I do now? I feel really intimidated, and any help or advice would be gratefully received.

Modified vehicle: informed insurer but not noted on policy. Should it be? — by conrad — last modified 2007-05-04 09:41

I have added a new vehicle to my insurance. When receiving my new policy it didn't say my car was modified on it although I had declared this on the initial details given to my insurer. When I inform them of this mistake will the policy price which i have already paid in full change? If so do they have a right to demand the extra amount to be paid in full?

Rear end shunt approaching roundabout with damage to front of first car: who is liable? — by conrad — last modified 2007-05-04 10:59

Last night I was involved in a low speed low impact collision at a roundabout at a shopping centre. The person in front of me was coming up to a roundabout. There was already another car on the roundabout signalling to take the exit we wanted. There was sufficient room on the roundabout for both the car in front and myself to turn before the person already on the roundabout took the exit we were to take. However the driver in front of me braked suddenly causing me to shunt into the rear of them. I believe there was plenty of room for the driver in front of me to have moved onto the roundabout and taken the turn without causing the person on the roundabout to slow down, Therefore I believe the drive in front of me caused the shut through hesitation. The damage to both cars is very minor, my car has a cracked number plate and there is a small fracture on the bumper of the car I hit. The other driver who was on the roundabout was no way involved in the collision. I have taken pictures on my mobile to show the minor damage and details were exchanged but I would like to clarify the legal position of the event. There were parking attendants at the Shopping Centre who did not witness the incident but have said they will testify that both parties were uninjured and have said that there may be a chance that they can retrieve evidence from CCTV footage if necessary.

My landlord refuses to repay my deposit. What can I do? — by Conrad Murray — last modified 2007-05-05 05:08

My landlord refuses to repay my deposit. What can I do?

Harassment and bullying led to stress related illnesses then redundancy: can I claim? — by Conrad Murray — last modified 2007-05-05 11:50

I suffered harassment and bullying and as a result of this harassment and I suffered stress related illnesses. I filed grievances and was made redundant on my return day to work. Can I go to sue the company for my stress-related illness even after I have been made redundant?

Is it legal to run a red light to let an emergency vehicle through? — by conrad — last modified 2007-05-05 12:03

If, while driving my car, I am held at a red traffic light, and a Police car or Ambulance comes up behind me sounding its horn and/or flashing lights, am I committing an offence if I were to go through the red light so as to enable their vehicle to pass?

Insurance in place but named driver had undeclared penalty points: will they pay my claim? — by conrad — last modified 2007-05-05 12:14

I have insurance, and my named driver had accident. I am claiming for this and the insurance company asked for his licence. We then discovered the named driver had received penalty points since the insurance was amended to include him. The insurance company want to know why I didn't tell them. What should I say and what can they do because of this?

Collision with mobility scooter: who is liable and how long does the user have to claim? — by conrad — last modified 2007-05-05 12:30

My son was reversing out of my drive when he collided with a mobility scooter which was driving along the path. Her handlebar went through his back light causing damage. She said that she was OK but pointed out a crack at the base of her scooter. This happened 26th December 2006. I have just received a letter from her wanting £230 pounds for repairs to a black scooter, but the scooter involved was a red one. The accident happened 4 months ago and she as just decided to put in a claim. Does she have the right to do this and who is to blame. I told my insurance and they have told me just to pay the £230 but get her to sign a letter disclaiming any other damage if I agree to pay her. My excess is £200. Is this correct and should she have been insured too? Please advise me.

Allowed unlicenced, uninsured driver to use car and he was caught on camera speeding: should I declare myself as driver? — by conrad — last modified 2007-05-05 12:58

I am currently on my 2 yr probationary period and my partner who does not had a licence took my car WITH my permission and got caught driving 44mph in a 30mph zone. I have received a Notice of Intended Prosecution. I don't know whether to say I was the driver which would be fine as long as I didn't lose my licence or tell them it was him? I don't want to say it was him as firstly it was my fault for allowing him to drive it and secondly, in the future he will need to be driving and I don't want to make it more difficult for him as he is the provider. I don't want to lose my licence because I'm 22ys old and have 3 children to look after. I just need some advice on the best way forward? I have been told if I say its me and they have photographic evidence where they could see it was him, would be both get in even more trouble because I had lied? Please help...

Collision on roundabout was not my fault but witness is elusive — by conrad — last modified 2007-05-05 14:59

I was recently involved in a car accident on a roundabout. I was on the inside lane to come off the 3rd exit. As I passed the first exit a van came on the roundabout and hit my left side (bit of the front door, wheel arch and all of front left side panel. His company is denying liability and saying I changed lanes, which I didn't. I have a witness which should help with my case. My insurance company informed me they have left messages with no reply, however, I managed to get in contact with the number he gave me. He wouldn't give me his address but have asked to send the form to his local post office which he will collect. His reaction to my case does not give me much faith that he will be helpful. Is there anyway that the police can get involved and used their power to get a statement? But the witness seems to be the type that does not want too much involvement. I heard a lot of these roundabout cases settles for 50/50, however, I feel this is really unfair when I was clearly not at fault. Please advise.

Rear end collision with no damage to the front of the leading vehicle: why is the rear driver almost always liable? — by conrad — last modified 2007-05-05 15:29

Recently I was involved in an accident where setting off from the traffic lights the car in front suddenly braked and due the short gap between mine and his car, my car hit the rear of his car. This all happened within 10 seconds of lights going green so we had around 5mph speed but due to the compact traffic I had about 1 or 2 metres of space between us. He told me that some car cut in front of him and that's why he braked but I feel he could have simply just slowed down. I'm caught in a middle of something that I couldn't have avoided because this happened at the traffic lights and the space between cars in that situation is normally not more than 1 or 2 metres. My insurer is now treating this as my fault and so does the other guy's insurer, all because I hit him from the back! I don't think this is just and not everyone hitting others from the back could be at fault as the insurance companies say. How can I take this up or who do I need to take this up against? Do i stand any chance of claiming my damages from anyone?

Probationary driver thought comprehensive insurance covered them for other vehicle but now facing loss of licence... — by conrad — last modified 2007-05-05 15:48

I have recently been driving my father's vehicle for three days whilst my car was in for its MOT test. I have fully comprehensive cover on my car which has cost me over £1000 for the year and I thought I was able to drive any person's car with their permission and covered by my insurance but only third party. During the time i borrowed my father's car I was pulled by the police. The car was seized by the police as when they did their checks, my insurance does not cover me to drive anyone else's vehicle. I am now looking at 6 points and a hefty fine. My licence could also be revoked as I am a probationary driver and have not been driving for two years until August. I have now been given a court date and would like to know how i go about pleading?

Facing dismissal is the person accused entitled to see reports and accusations? — by Conrad Murray — last modified 2007-05-05 16:11

A friend of mine who works for Patient Transport has been reported for harassing a patient who suffers from dementia and was threatening to stab him. A senior nurse overheard him telling the patient to sit still, stop shouting and behave himself. The nurse has reported him and he has been told that this may go to a tribunal. When he asked to see what had been said about him in the report he was told that he is not allowed to see any reports. Is this correct or can he demand to see what he has been accused of?

Revoked licence driver caught speeding: what is the likely penalty? — by conrad — last modified 2007-05-05 17:07