Safe Speed Forums

I tried to get a copy of the contract but I was refused. I also wanted to know on what basis the contract was awarded. I think that normaly this doesn't get questioned because the insurance pays. But I wasn't insured..

My feeling is that someone is getting a nice back-hander on this one.

I did think of contacting "Watchdog" about it.

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Speed camera policy Kills

NO, never! Mind you, that was a lovely new conservatory and extension the Chief Super had!

Paul may well have a point about the 'contract', obviously Civil law is not my field. Certainly in the circumstances you describe i think something could have been sorted out. Unfortunately with many many things with the Police it's like banging your head against a brick wall, even for those that work for them.

I was going to give it a go but I was facing a CCJ so I did not want to take the risk on my credit rating, plus the posibility of legal costs.

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Speed camera policy Kills

Welcome mate!

I thought it was you! You will enjoy it here ... this is the civilised and deep thinking forum (though old burpingworks may disagree .... )

Hello Mogs!

Glad to be here mate. I agree, and disagree, with a lot of the stuff here but that's what debate is all about. There is a much more mature approach to the discussions here which i like. If a member has a complaint or gripe with the Police they put it across to the point and hopefully remain open-minded, rather than the "i hate the Police now because i got a speeding ticket" stuff which inhabits certain 'other' sites you and i know of!

For that reason i'm happy to be myself here, rather than be the wind-up 'Devils Advocate' cheeky git you know me as!

Speak soon fella..........

I feel like I'm eavesdropping on the canteen in sunhill

In this family ... I can always find someone to ask Our beagle relative tells us "consideration" must exist and have value else contract does not exist.

This applies to "past consideration" If, unasked, I paint my neighbour's house whilst he is away and he promises to pay me £100 on his return .. there is no remedy for me if he then refuses to pay. Think there is a precedential case to back this ....but forgotten what Beagle said.

There is also a general rule ... so our relative tells me that the legal effects of the contract are confined to the contracting parties. An agreement between A (the police in Gizmo's case) and the B (the glazing company) cannot confer any legally enforceable benefit on a stranger, cannot impose any obligations on the stranger nor take away the rights of a stranger. Only A can sue B fro breach of contract and vice versa. (The breach being the non-payment of the hoarding)

This principle of "privity" - apparently - is important in English Law as - according to Beagle (aka Andreas Tiger - and assuming I have understood him - he is Swiss! ) because it means that a customer who purchases a new car from a garage cannot sue the manufacturer for breach of contract because customer has only contracted with the garage. If the car breaks down and a passenger is injured ... the passenger has no contract woith either the garage of the manufacturer and would have to sue in tort, proving that the defendent (driver, car repairer or manufacturer was negligent) The case setting the precedent was "Donoghue v Stevenson
of 1930s where the woman found a snail in her ginger beer and passed out in shock...)

The exceptions with this general rule is where an agent contracts with a third party on behalf of a principal whose existence he does not disclose. This could be the case in this contract .. by the way. The principal may step in and sue or be sued for breach of contract. In this case the police would be an agent and Gizmo the principal - which explains why the third party sued him for non payment.

(Gosh it's confusing this legal stuff....just typing what the guy gabbled to me on the phone ....)

Beagle then went on about a third party taking benefit of a contract made between two others in connection with "liability insurance" which inlcuded compulsory motor insurance.

The contract is between the insured and the insurance company - which promises to insure the driver against any damages he may inflict on a third party. The contract is covered by common contract law convcerning privity and also by restrictions imposed by the RTA of 1988 s149)

Trust me, i'm nothing like Reg Hollis!!!!

I assume you're slightly more like RH than, say, June Ackland

More seriously, I agree fully with both Paul's and Proxy Beagle's contentions here - that unless the contract price was known or reasonably foreseeable and communicated to the beneficiary prior to work being carried out and with the option of refusal - there is no contract.

I have no idea legally, but Mad Moggie appears to have it reasonably covered. I say "take them on" for the rip-off merchants they are.

Welcome "The Man" , it's really good to have input from the coppers, even when it goes against us. I look forward to regular posts from you as I do from "In Gear".

Paul, any word on the "P" icon as "The Man" seems happy to identify himself as a member of the Police?

Once again, welcome.

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Ross

Yes I'm a hoon, but only on the track!!!!

Thanks again everyone for the welcome

Yep, i'm more than happy to be identified as Plod. Unfortunately i'm not going to be able to visit the site as often as i'd like. Seeing as i've just started posting i suppose i should let you all know a bit about myself........

The first thing i should state is that i am not a traffic officer and never will be. It's just not my bag for various reasons which i won't go into here and now. For this reason i won't give detailed answers to any traffic law questions raised, there will be others far more qualified than me to do so.

I am what's called a 'Response Officer', which basically means that if you dial 999 shouting for help, i'm the one that'll turn up (eventually!)

It's important to state that the public are sometimes misguided in thinking that all Police enforce traffic law, especially speeding. Not so. Let me tell you, i've been a copper for seven years and have never, that's NEVER, reported someone for speeding. I wouldn't know how to switch a laser gun on, let alone operate the blasted thing! I am too busy dealing with pub fights, domestics, dead bodies, burglaries etc, which is my bread and butter. I'm a jack of all trades, master of none.

My approach to policing is very much a common-sense one. I'm the first to admit that many of my colleagues can be idiots at times and give me a bad name. However, i have the honour of working with many top class guys and girls who would, and have, put their own life on the line for members of the public. Unfortunately this good work is largely ignored by the media in favour of sensationalist over-the-top slagging off of Police.

I love cars and enjoy driving fast. I have little time for most speed limits and prefer to drive according to conditions. I make no apologies for that. I consider myself a good driver but am never over-confident, being well aware of my limits. However, i have very strong thoughts on the low standard of the British driving test.

Rabbited on far too long!

Nice to have more plod round here, traffic or otherwise. Sure you'll get a chance to have a stir next time a thread gets round to dimwits who don't know how to get out the ****ing way when an emergency vehicle is roaring up their chuff. Also very glad to hear you're Met and not Hants or TVP, as well as old style copper with discretion instead of new type with targets to meet.

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Make everything as simple as possible, but not simpler - Einstein

Know the feeling .. usually on here early evening or late at night ... Taken today off as we are getting ready for a family do ... christening the youngest this weekend. Quite a chore organising a bash for so many people....



Think you are more at the sharp edge than some of the cops we both "know" That includes IG whom I know in person He and his brothers (eldest one is also in the Met) will all be at our "do" this weekend which means we will have to be on "best behaviour"




Ooops ... my wife has a certain reputation for finding the worst BiB bash stories anyone can find and then clawing certain people - usually BiBs on another forum....

But ... most on here agree that current L-Test needs a shake-up...