Comments for A Brighton Boy Blogs http://www.jonsilver.me.uk/jonsblog Jon Silver's collected random thoughts and pronouncements on the world in general Fri, 05 Mar 2010 09:36:19 +0000 http://wordpress.org/?v=2.9.2 hourly 1 Comment on Transport Solutions in a Flash of Inspiration by Jon Silver http://www.jonsilver.me.uk/jonsblog/index.php/2010/01/14/transport-solutions-in-a-flash-of-inspiration/comment-page-1/#comment-417 Jon Silver Fri, 05 Mar 2010 09:36:19 +0000 http://www.jonsilver.me.uk/jonsblog/?p=197#comment-417 As I said, Stuart, the first category of people who should be made to retake a test are those who have caused road traffic accidents. As for driver frustration, that would be alleviated if the roads were less overcrowded and with less bad drivers around. We didn't used to have such a road-rage problem when I was a kid in the 1970s and even into the '80s. I still think a more difficult driving test is the way forward, with more circumstances under which a re-education & retest programme should be mandatory. As I said, Stuart, the first category of people who should be made to retake a test are those who have caused road traffic accidents. As for driver frustration, that would be alleviated if the roads were less overcrowded and with less bad drivers around. We didn’t used to have such a road-rage problem when I was a kid in the 1970s and even into the ’80s. I still think a more difficult driving test is the way forward, with more circumstances under which a re-education & retest programme should be mandatory.

]]> Comment on About Jon Silver by Nick http://www.jonsilver.me.uk/jonsblog/index.php/about-jon/comment-page-1/#comment-409 Nick Wed, 03 Feb 2010 23:57:23 +0000 http://www.jonsilver.me.uk/jonsblog/?page_id=71#comment-409 Might I point out that, when you say the planet has completed at least forty orbits of the Sun, this is of course measured in an arbitrary denary numbering system arising from the natural coincidence of us happening to have ten fingers/thumbs. It thus constantly amazes me how people think it's a big deal when the major digit of the aforementioned number, which I believe is known as age, increases by one major digit. Might I point out that, when you say the planet has completed at least forty orbits of the Sun, this is of course measured in an arbitrary denary numbering system arising from the natural coincidence of us happening to have ten fingers/thumbs. It thus constantly amazes me how people think it’s a big deal when the major digit of the aforementioned number, which I believe is known as age, increases by one major digit.

]]> Comment on Esporta Brighton – unfair notice periods and forged signatures by Nick http://www.jonsilver.me.uk/jonsblog/index.php/2009/11/24/esporta-brighton-unfair-notice-periods-and-forged-signatures/comment-page-1/#comment-408 Nick Wed, 03 Feb 2010 23:46:55 +0000 http://www.jonsilver.me.uk/jonsblog/?p=189#comment-408 Oh and by the way, the Director General of OFT is duty bound by UTCCR 1999 to consider any complaint made to him about a general-use contract term being unfair under UTCCR 1999. So, in principle at least, if a new case is made to them which they haven't considered (i.e. Esporta falls foul of the significant imbalance clause, three calendar months' notice for me vs. none for them), then they have to look at it. Although it might take pressure through MPs, parliament etc. to make them get on and do it if they've already ruled once against Esporta. My other thought was, if I end up paying them the extra two months, whether to take them to Small Claims Court to recover the money plus my costs, claiming the fees were taken in breach of the UTCCR 1999 significant imbalance clause. Dunno. Oh and by the way, the Director General of OFT is duty bound by UTCCR 1999 to consider any complaint made to him about a general-use contract term being unfair under UTCCR 1999. So, in principle at least, if a new case is made to them which they haven’t considered (i.e. Esporta falls foul of the significant imbalance clause, three calendar months’ notice for me vs. none for them), then they have to look at it. Although it might take pressure through MPs, parliament etc. to make them get on and do it if they’ve already ruled once against Esporta. My other thought was, if I end up paying them the extra two months, whether to take them to Small Claims Court to recover the money plus my costs, claiming the fees were taken in breach of the UTCCR 1999 significant imbalance clause. Dunno.

]]> Comment on Esporta Brighton – unfair notice periods and forged signatures by Nick http://www.jonsilver.me.uk/jonsblog/index.php/2009/11/24/esporta-brighton-unfair-notice-periods-and-forged-signatures/comment-page-1/#comment-407 Nick Wed, 03 Feb 2010 23:37:53 +0000 http://www.jonsilver.me.uk/jonsblog/?p=189#comment-407 Dunno. The problem is that the OFT (toothless tiger) have ruled vs Esporta Wokingham and NOT ruled the cancellation term as being unfair - they've just said they think it's a bit much. This is a bad thing insofar as they've already looked at it and not ruled it unfair. But it is a good thing insofar as they haven't specifically addressed the real reason why the cancellation terms are unfair in law, which is as follows: UTCCR 1999 says that any term that results in a significant imbalance of rights and obligations between the parties, to the detriment of the consumer, is unfair and not binding (that's almost the exact wording of the act). As you'll see in Esporta's contract, they place a requirement of three calendar months' notice on the member, but no notice requirement on themselves, and indeed say they can cancel any membership at any time (and not just in the context of bad behaviour etc.). So this is the tack to take: that the cancellation term is unfair under the 'significant imbalance' clause of UTCCR 1999, and OFT have not ruled on this specific point of law, having only labelled the terms "excessive", and therefore need to look again. This is the tack I will be taking with Esporta if they don't cave in and let me out of the contract at the end of the 12 month period without requiring the three calendar months' notice that will cost me another two months' fees. Dunno. The problem is that the OFT (toothless tiger) have ruled vs Esporta Wokingham and NOT ruled the cancellation term as being unfair – they’ve just said they think it’s a bit much. This is a bad thing insofar as they’ve already looked at it and not ruled it unfair. But it is a good thing insofar as they haven’t specifically addressed the real reason why the cancellation terms are unfair in law, which is as follows: UTCCR 1999 says that any term that results in a significant imbalance of rights and obligations between the parties, to the detriment of the consumer, is unfair and not binding (that’s almost the exact wording of the act). As you’ll see in Esporta’s contract, they place a requirement of three calendar months’ notice on the member, but no notice requirement on themselves, and indeed say they can cancel any membership at any time (and not just in the context of bad behaviour etc.). So this is the tack to take: that the cancellation term is unfair under the ’significant imbalance’ clause of UTCCR 1999, and OFT have not ruled on this specific point of law, having only labelled the terms “excessive”, and therefore need to look again. This is the tack I will be taking with Esporta if they don’t cave in and let me out of the contract at the end of the 12 month period without requiring the three calendar months’ notice that will cost me another two months’ fees.

]]> Comment on Transport Solutions in a Flash of Inspiration by Stuart http://www.jonsilver.me.uk/jonsblog/index.php/2010/01/14/transport-solutions-in-a-flash-of-inspiration/comment-page-1/#comment-406 Stuart Wed, 27 Jan 2010 14:41:04 +0000 http://www.jonsilver.me.uk/jonsblog/?p=197#comment-406 Not completely with you on this one Jon. The elderly, people who have driven more than 10 years and those who took the test before 1985 are far from the most lethal car drivers. Indeed as the driving test has been tightened then post test driving standards have, arguably, declined. But I think you might agree that the real danger to anybody on two wheels or the pavement is not the driver's skill - but his/her attitude. That's a bit harder to fix. IMHO one of the problems is the increasing management (traffic lights/lane control etc) that bottles up a driver's frustration. Many younger drivers lack the negotiating skills older hands learnt who eyeball each other at junctions and roundabouts. What to do? Not sure. One idea is to make a cycling proficiency test mandatory before you can apply for a motorbike licence and a motorbike licence to be mandatory before you can apply for car licence and so on. Then at least car and lorry drivers would be more aware of the vulnerability of other road users. Not completely with you on this one Jon.

The elderly, people who have driven more than 10 years and those who took the test before 1985 are far from the most lethal car drivers. Indeed as the driving test has been tightened then post test driving standards have, arguably, declined.

But I think you might agree that the real danger to anybody on two wheels or the pavement is not the driver’s skill – but his/her attitude. That’s a bit harder to fix. IMHO one of the problems is the increasing management (traffic lights/lane control etc) that bottles up a driver’s frustration. Many younger drivers lack the negotiating skills older hands learnt who eyeball each other at junctions and roundabouts.

What to do? Not sure.

One idea is to make a cycling proficiency test mandatory before you can apply for a motorbike licence and a motorbike licence to be mandatory before you can apply for car licence and so on. Then at least car and lorry drivers would be more aware of the vulnerability of other road users.

]]> Comment on London to Brighton Bike Ride turns bad by Stuart http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/comment-page-1/#comment-405 Stuart Wed, 27 Jan 2010 12:33:06 +0000 http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/#comment-405 Well said Jon. I rode it in the early 80s. It was fun, it was mad and it wasn't all about making money. Now it the opposite of what cycling should be. The freedom to enjoy the countryside and even stop at pub of your choice (the marshalls were blocking access to the Red Lion at Turners Hill until a rugby club scrum had a brief 'discussion' with them!). I give money to charity because I believe in the cause and it is my choice. That no longer applies to many sporting events which have been hijacked by private business for profit using charities as blackmail. Fortunately there are still many cycling clubs who organise rides to suit your ability and whose prime objective is pure pleasure (with tea & cake). For those wanting to cycle London to Brighton and a few other places on the coast in a group without the hassle (and for free) - Google FNRttC. Well said Jon. I rode it in the early 80s. It was fun, it was mad and it wasn’t all about making money.

Now it the opposite of what cycling should be. The freedom to enjoy the countryside and even stop at pub of your choice (the marshalls were blocking access to the Red Lion at Turners Hill until a rugby club scrum had a brief ‘discussion’ with them!).

I give money to charity because I believe in the cause and it is my choice. That no longer applies to many sporting events which have been hijacked by private business for profit using charities as blackmail.

Fortunately there are still many cycling clubs who organise rides to suit your ability and whose prime objective is pure pleasure (with tea & cake). For those wanting to cycle London to Brighton and a few other places on the coast in a group without the hassle (and for free) – Google FNRttC.

]]> Comment on Tiscali Passes It On by Joe Brown http://www.jonsilver.me.uk/jonsblog/index.php/2007/09/21/tiscali-passes-it-on/comment-page-1/#comment-404 Joe Brown Tue, 26 Jan 2010 00:11:10 +0000 http://www.jonsilver.me.uk/jonsblog/index.php/2007/09/21/tiscali-passes-it-on/#comment-404 It would seem that we are not alone - how many more thousands of innocents have suffered at the hands of this bunch of cowboys? My comment and letter to BT regarding these pirates is here: http://www.joebrown.org.uk/wp/?p=2186. Don't give in to them - ever! It would seem that we are not alone – how many more thousands of innocents have suffered at the hands of this bunch of cowboys?
My comment and letter to BT regarding these pirates is here: http://www.joebrown.org.uk/wp/?p=2186.

Don’t give in to them – ever!

]]> Comment on Esporta Brighton – unfair notice periods and forged signatures by Jon Silver http://www.jonsilver.me.uk/jonsblog/index.php/2009/11/24/esporta-brighton-unfair-notice-periods-and-forged-signatures/comment-page-1/#comment-402 Jon Silver Fri, 15 Jan 2010 07:39:10 +0000 http://www.jonsilver.me.uk/jonsblog/?p=189#comment-402 <blockquote>"Term 1.2 OFT has concerns that, where the member has already completed the 12 month Commitment Period, requiring him to give a further 3 month’s notice if he wishes to cancel the contract is excessive. "</blockquote> That's exactly my situation, and my position. The OFT has concerns that the requirement is excessive. I think that still gives us the upper hand.

“Term 1.2 OFT has concerns that, where the member has already completed the 12 month Commitment Period, requiring him to give a further 3 month’s notice if he wishes to cancel the contract is excessive. “

That’s exactly my situation, and my position. The OFT has concerns that the requirement is excessive. I think that still gives us the upper hand.

]]> Comment on Esporta Brighton – unfair notice periods and forged signatures by Nick http://www.jonsilver.me.uk/jonsblog/index.php/2009/11/24/esporta-brighton-unfair-notice-periods-and-forged-signatures/comment-page-1/#comment-401 Nick Thu, 14 Jan 2010 13:43:56 +0000 http://www.jonsilver.me.uk/jonsblog/?p=189#comment-401 I'm about to be in dispute with them about this. I think you'll find though that the OFT had reservations against the cancellation policy but did not specifically find it unfair - check the adjudication which you link to. Cheers. I’m about to be in dispute with them about this. I think you’ll find though that the OFT had reservations against the cancellation policy but did not specifically find it unfair – check the adjudication which you link to. Cheers.

]]> Comment on Scammers and Google AdWords Advertising Resellers by long arm of the law http://www.jonsilver.me.uk/jonsblog/index.php/2009/03/27/scammers-and-google-adwords-advertising-resellers/comment-page-1/#comment-375 long arm of the law Thu, 17 Dec 2009 22:49:20 +0000 http://www.jonsilver.me.uk/jonsblog/?p=132#comment-375 The police are actively investigating the activities of dot com chrome and the director Jamie McDougall. Anyone with any information about any threatening or abusive telephone calls or emails received from this company should contact PC 6755 Pat Murphy or PC 6274 Andy Jordan, both of the Sale Neighbourhood Policing Team, telephone number 0161 856 7865. You can also report any such incidents as a crime to your local police force who will pass the details on to Greater Manchester Police, or directly to Greater Manchester Police on 0161 872 5050. The police are actively investigating the activities of dot com chrome and the director Jamie McDougall. Anyone with any information about any threatening or abusive telephone calls or emails received from this company should contact PC 6755 Pat Murphy or PC 6274 Andy Jordan, both of the Sale Neighbourhood Policing Team, telephone number 0161 856 7865.

You can also report any such incidents as a crime to your local police force who will pass the details on to Greater Manchester Police, or directly to Greater Manchester Police on 0161 872 5050.

]]> Comment on Esporta Brighton – unfair notice periods and forged signatures by Jon Silver http://www.jonsilver.me.uk/jonsblog/index.php/2009/11/24/esporta-brighton-unfair-notice-periods-and-forged-signatures/comment-page-1/#comment-372 Jon Silver Sun, 13 Dec 2009 13:38:00 +0000 http://www.jonsilver.me.uk/jonsblog/?p=189#comment-372 James, I don't doubt that the club gives pleasure to many, however you may see another side of the organisation when you try to leave, as have so many others. In your ideal world perhaps contracts could specify whatever terms the author wanted, but fortunately in this world we have the Office of Fair Trading and unfair contract terms legislation to prevent sharp practice. The OFT has ruled that Esporta includes unfair contract terms in its membership contract, including the termination clause. That the company chooses to flout such rulings against it really speaks volumes. Forging signatures on contracts is just desperate behaviour, apart from being despicable, morally reprehensible and criminally illegal. James, I don’t doubt that the club gives pleasure to many, however you may see another side of the organisation when you try to leave, as have so many others. In your ideal world perhaps contracts could specify whatever terms the author wanted, but fortunately in this world we have the Office of Fair Trading and unfair contract terms legislation to prevent sharp practice. The OFT has ruled that Esporta includes unfair contract terms in its membership contract, including the termination clause. That the company chooses to flout such rulings against it really speaks volumes. Forging signatures on contracts is just desperate behaviour, apart from being despicable, morally reprehensible and criminally illegal.

]]> Comment on Esporta Brighton – unfair notice periods and forged signatures by James http://www.jonsilver.me.uk/jonsblog/index.php/2009/11/24/esporta-brighton-unfair-notice-periods-and-forged-signatures/comment-page-1/#comment-370 James Fri, 11 Dec 2009 17:24:09 +0000 http://www.jonsilver.me.uk/jonsblog/?p=189#comment-370 Jon, I too am a member of Esporta in Brighton and I have found the club to be a lovely club with a fantastic atmosphere, yes equipment does go wrong but this will be the case anywhere you go. The contract is quite clear, 12 payments and as long as you give your notice in by your 9th month you will not make any further payments if you do not wish. The only reason there seems to be so much bad press is that people do not take the time to read/research the contract before signing. Jon,

I too am a member of Esporta in Brighton and I have found the club to be a lovely club with a fantastic atmosphere, yes equipment does go wrong but this will be the case anywhere you go. The contract is quite clear, 12 payments and as long as you give your notice in by your 9th month you will not make any further payments if you do not wish. The only reason there seems to be so much bad press is that people do not take the time to read/research the contract before signing.

]]> Comment on Scammers and Google AdWords Advertising Resellers by zac http://www.jonsilver.me.uk/jonsblog/index.php/2009/03/27/scammers-and-google-adwords-advertising-resellers/comment-page-1/#comment-360 zac Sat, 07 Nov 2009 23:42:21 +0000 http://www.jonsilver.me.uk/jonsblog/?p=132#comment-360 One company i have used is dotcomchrome promised page one of google with unlimited clicks to my site for fixed fee of £125 for 5 phrases supposibly the best for my industry.utter scam from as you say some young cocky manchester lads only on a few times a day despite promises and complaints recieved rude replies .avoid them like the plague total sharks One company i have used is dotcomchrome promised page one of google with unlimited clicks to my site for fixed fee of £125 for 5 phrases supposibly the best for my industry.utter scam from as you say some young cocky manchester lads only on a few times a day despite promises and complaints recieved rude replies .avoid them like the plague total sharks

]]> Comment on Morgan Richardson – Trigger-Happy Insurance by sandrar http://www.jonsilver.me.uk/jonsblog/index.php/2007/07/28/morgan-richardson-trigger-happy-insurance/comment-page-1/#comment-355 sandrar Thu, 10 Sep 2009 13:27:14 +0000 http://www.jonsilver.me.uk/jonsblog/index.php/2007/07/28/morgan-richardson-trigger-happy-insurance/#comment-355 Hi! I was surfing and found your blog post... nice! I love your blog. :) Cheers! Sandra. R. Hi! I was surfing and found your blog post… nice! I love your blog. :) Cheers! Sandra. R.

]]> Comment on Kafevend puts it right by Jack Cade http://www.jonsilver.me.uk/jonsblog/index.php/2009/03/12/kafevend-puts-it-right/comment-page-1/#comment-346 Jack Cade Wed, 12 Aug 2009 15:40:44 +0000 http://www.jonsilver.me.uk/jonsblog/?p=111#comment-346 Hey you wern't the only one stitched up by Kafevend recently a kids nursery in Scotland were being chased for nearly £5k on a drinks contract until their MD sorted that misunderstanding out as well! Hey you wern’t the only one stitched up by Kafevend recently a kids nursery in Scotland were being chased for nearly £5k on a drinks contract until their MD sorted that misunderstanding out as well!

]]> Comment on Brewer’s Fayre – food or foe? by Jon Silver http://www.jonsilver.me.uk/jonsblog/index.php/2008/07/16/brewers-fayre-food-or-foe/comment-page-1/#comment-341 Jon Silver Sat, 25 Jul 2009 19:42:39 +0000 http://www.jonsilver.me.uk/jonsblog/?p=44#comment-341 Perhaps you'll let me know how it went, Simon. Perhaps you’ll let me know how it went, Simon.

]]> Comment on Brewer’s Fayre – food or foe? by Simon http://www.jonsilver.me.uk/jonsblog/index.php/2008/07/16/brewers-fayre-food-or-foe/comment-page-1/#comment-340 Simon Mon, 13 Jul 2009 11:34:04 +0000 http://www.jonsilver.me.uk/jonsblog/?p=44#comment-340 Living within 5 miles of NCG I have avoided it like the plague since an experience similar to yours about 5 years ago. Unfortunately I have been invited to brother-in-laws birtday dinner tonight and have no way out! Just checked online to see if anythings changed and your blog entry has brought me out in a cold sweat especially as I now have two kids to feed ... I had previously sworn never to go to one of these chains again, I hate the thought of paying for things that I can serve up better at home for half the cost. Living within 5 miles of NCG I have avoided it like the plague since an experience similar to yours about 5 years ago. Unfortunately I have been invited to brother-in-laws birtday dinner tonight and have no way out! Just checked online to see if anythings changed and your blog entry has brought me out in a cold sweat especially as I now have two kids to feed … I had previously sworn never to go to one of these chains again, I hate the thought of paying for things that I can serve up better at home for half the cost.

]]> Comment on London to Brighton Bike Ride turns bad by Tom White http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/comment-page-1/#comment-336 Tom White Thu, 02 Jul 2009 17:13:34 +0000 http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/#comment-336 I did the LTB about 5 years ago. It was really scary and it's made worse by people who can't seem to cycle and some younger people weaving in and out. I agree it's just to over crowded. I don't know if there's a limited to the number of rider. The traffic in Brighton in the summer is hideous. I work as a painter & decorator and find it very time consuming getting around. I feel Brighton council is more interested in catering for tourists rather then residents. I did the LTB about 5 years ago. It was really scary and it’s made worse by people who can’t seem to cycle and some younger people weaving in and out. I agree it’s just to over crowded. I don’t know if there’s a limited to the number of rider.

The traffic in Brighton in the summer is hideous. I work as a painter & decorator and find it very time consuming getting around.

I feel Brighton council is more interested in catering for tourists rather then residents.

]]> Comment on London to Brighton Bike Ride turns bad by Dave Morris http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/comment-page-1/#comment-335 Dave Morris Tue, 30 Jun 2009 09:09:03 +0000 http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/#comment-335 I have done this ride 3 times in the last 3 years, and I love it. I stop over in Central London for the night and aim for the 6 o/clock start, still have to get up at 04:30 though. My wife drives down to car park at the racecourse and meets me about 09:15 at the finish. Leaving about 1pm we hit a little traffic at one junction on the way back (A23/A127 I think).The queues going in the opposite direction are horrendous. Yes plenty of ignorant cyclists, no wonder we get such bad press. I have done this ride 3 times in the last 3 years, and I love it. I stop over in Central London for the night and aim for the 6 o/clock start, still have to get up at 04:30 though. My wife drives down to car park at the racecourse and meets me about 09:15 at the finish. Leaving about 1pm we hit a little traffic at one junction on the way back (A23/A127 I think).The queues going in the opposite direction are horrendous.
Yes plenty of ignorant cyclists, no wonder we get such bad press.

]]> Comment on London to Brighton Bike Ride turns bad by Liam Proven http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/comment-page-1/#comment-334 Liam Proven Wed, 24 Jun 2009 12:43:09 +0000 http://www.jonsilver.me.uk/jonsblog/index.php/2009/06/22/london-to-brighton-bike-ride-turns-bad/#comment-334 Actually, on consideration, I agree. I did it this year, for the 1st time in 3-4yr. I've done it about 7 or 8 times since my first in 1986 or so. It was ridiculously overcrowded. Despite a 7am start, I had to wheel my bike for about 6 miles; on even the slightest hill, everyone had to, to humour the really unfit, who had no lane discipline. I couldn't get back, so had to stay with friends. And even the following afternoon, I had to queue for a train. A large part of the problem is the refusal of the train company to take bikes back to London. I don't know who decided this, when or how, but it's a major snag. The bus is inconvenient: it's expensive & compels early pre-registration. I doubt I shall bother again. I might try some of the smaller ones instead, or do some club rides or something. Actually, on consideration, I agree.

I did it this year, for the 1st time in 3-4yr. I’ve done it about 7 or 8 times since my first in 1986 or so.

It was ridiculously overcrowded. Despite a 7am start, I had to wheel my bike for about 6 miles; on even the slightest hill, everyone had to, to humour the really unfit, who had no lane discipline.

I couldn’t get back, so had to stay with friends. And even the following afternoon, I had to queue for a train.

A large part of the problem is the refusal of the train company to take bikes back to London. I don’t know who decided this, when or how, but it’s a major snag. The bus is inconvenient: it’s expensive & compels early pre-registration.

I doubt I shall bother again. I might try some of the smaller ones instead, or do some club rides or something.

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