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    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Asda Car park


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Guest Gertie100

Anyone listen to radio 5 approx 5.30pm yesterday?

Apparently Asda are going to start ticketing / clamping people who abuse the disabled / parent & child parking spaces (and I don't mean standing there and shouting at the space :-D :-D )

 

The presenter clearly asked if they had the right to do this, and the answer was yes, because the car parks were private and run by a management firm who are registered with the DVLA.

The pilot scheme ran in Liverpool, and is just about to be rolled out in London before it hits all asda stores.

 

I shop in Asda, but do not park in disabled or parent/child (unless my girl is with me). However there are rumblings in our local town that Asda are going to put a limit on the time in which you can park in their car park. The shop is in the middle of the town centre and people park there regardless of whether or not they are visiting the shop because as far as Joe Public is concerned it is simply another town centre car park.

So it wouldn't surprise if eventually they also tagged this restriction to the abuse of restricted spaces.

 

Question is in a nutshell:

Do Asda have any rights at all to apply charges for any of the above.

Currently the car park is free - as are all the car parks in my town.

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I am totally support Asda and would gladly provide my services free of charge to issue tickets to people who have no consideration for others.

I have noticed that most abusers drive very expensive cars or 4x4`s

which they can`t park due to there inability to control the vehicle.

I would also clamp the vehicles and get immediate payment thus saving paper work appeals etc.

Good make the fine £500 £400 for charity

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Guest Gertie100

So they can not ticket / clamp people who park in spaces they shouldn't?

 

IIIuminate - I'm going to ignore your post as that is not what the question was about. Go start your own thread instead of hi jacking everyone elses.

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The land belongs to Asda and by using there land you are entering into a contract.

 

Very unlikely. The land will belong to ASDA's landlord in most cases. And it will be their land.

 

You cannot enter into a contract (implied or otherwise) merely by being present on the land. There must be adequate, legal and enforceable, signage to provide the terms of any implied contract and these should be available to the driver before they park. It could then be held that the driver, by parking, has made an informed acceptance of the implied contract. Note than any such contract can only be with the driver and not the RK as RK.

 

I suggest that you read up on private parking on the forum before posting. That way you will have a much better understanding of what can and what can't be done about parking on private land.

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Naturally the owner of the land can try to do anything they want within reason, but noticed this article today and PMSL.

 

Whoops!

 

ASDA to fine drivers in wrong parking bay

 

ASDA is to fine drivers for the misuse of disabled and parent and child parking bays in its car park at the Crumbles Retail Park.

 

All profits generated from the fines will go back to baby charity Tommy's and Motability, the leading car scheme for disabled people.

 

The move, which is part of a national policy from the group, will see abusers fined £60 for parking in parent and child and disabled spaces and comes into force over the next few weeks.

 

The scheme was trialled in the north, and when surveyed four out of five ASDA customers supported rolling out the scheme nationwide.

 

The trial, which lasted three months' operated in six stores in Liverpool. As a result the number of free parking spaces increased by more than 60 per cent for disabled drivers and parents with young children.

 

A spokesman said, "At ASDA we have decided to take a stand to keep specialised parking spaces available to those customers that need them.

 

"Most customers using these bays without good reason don't realise their actions impact on people who rely on them to do their weekly shop.

 

"We are not handing out tickets to make a profit as money raised will go back to charity.

 

"Signs in all stores will clearly state that you will get a fine if you park here unnecessarily.

 

"We would encourage anyone who manages a car park to take our lead."

 

Jane Brewin, chief executive of Tommy's, the baby charity, said, "A routine trip to the shops can turn into a nightmare for some parents — especially when they don't have adequate parking spaces and other much-needed parent and baby services made available to them.

 

"Tommy's believes that organisations that claim to put the needs of parents first should seriously look at their parking policy for parents to uncover whether their schemes actually work in practice.

 

"ASDA is setting a great example by ensuring that supermarkets are as accessible for parents as possible, by penalising those who exploit bays specifically reserved for parents with young children.

 

"Putting fines in place for parking misuse is a bold move by ASDA but is the right one for giving parents with young children a helping hand."

 

From the Eastbourne Herald 11/1/08

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This

parent and child
and this

parents with young children.
are not synonymous.

 

Parent/child spaces have no parallel in highway parking - unlike disabled spaces.

 

If I take my 86 year-old mother or my 22 year-old son shopping, I presume that I can use a parent and child space?

 

At what point does a child cease to be 'young'; by definition a child nust be younger than the (natural) parent?

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I am totally support Asda and would gladly provide my services free of charge to issue tickets to people who have no consideration for others.

I have noticed that most abusers drive very expensive cars or 4x4`s

which they can`t park due to there inability to control the vehicle.

I would also clamp the vehicles and get immediate payment thus saving paper work appeals etc.

Good make the fine £500 £400 for charity

 

I have never heard such a load of bowlarks in all my life :shock:

Tip us a wink on my scales if you think I may have helped at all;)

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If I take my 86 year-old mother or my 22 year-old son shopping, I presume that I can use a parent and child space?

 

At what point does a child cease to be 'young'; by definition a child nust be younger than the (natural) parent?

 

Absolutely.

 

I have no qualms about using parent and child parking spaces when visiting a supermarket with my 9 year old and where there are no unmarked bays available. I am a customer, spending money in their store and profiting them by doing so. They earn no less from me than they would from somebody with a smaller child so I am not depriving the store of money, nor greatly inconveniencing anybody else, and there is no signage to suggest any age limit for use of such spaces.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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The presenter clearly asked if they had the right to do this, and the answer was yes, because the car parks were private and run by a management firm who are registered with the DVLA.

 

Registered with the DVLA - thats nice. That means they can get the RK details from the DVLA.

 

I wonder if they are registered with the SIA? They need to be if they are going to clamp people.

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Supermarkets are very sensitive to prices and profit margins, which is why they are continually having price wars with each other through the press.All it needs for every one to write to their local newspaper saying they will take their custom elsewhere for this nonsense to be stopped'

I wonder if Asda will in future include in their newspaper adverts that their 'fines' for parking and shopping with them are cheaper than Tesco's.:rolleyes:

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ASDA's have a store in Bedminster Bristol right in the middle of the Bedminster shopping area. This of course is very attractive to other shoppers. ASDA's deal with this by charging, unless you have a receipt for making a purchase in their store at that time. Incidently this was common practice in some car parks in the U S where the car park had agreements with local businesses. An idea that shoul be adopted in this country perhaps.

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Is asda simply being led by the reaction to the introduction by Tesco of ANPR cameras into 99% of their car parks, IE no real adverse reaction !.

 

My local asda is in a town centre, and has had ticketing or a 'civil car parking charge' as they like to call it for about 3 years now.

 

First Tesco, now Asda - only a matter of time until Sainsburys decides to go the same way. At least they seem to be donating it to charity rather than using it to line their pockets.

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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First Tesco, now Asda - only a matter of time until Sainsburys decides to go the same way. At least they seem to be donating it to charity rather than using it to line their pockets.

 

I am very cynical about this statement.Asda say the Profits will go to charity; i.e what is left after expenses are paid. These could be anything up to 99% of the penalty charges, leaving 1% to charity.I would be much happier if they said ALL charges collected would go to charity; and finance the policing of their car parks themselves - after all it is nominally their property.

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I can ALL free customer parking in areas of high demand for parking being phased out soon. Whilst I realise these companies make large profits once all the parking spaces end up being used for the entire day by commuters parking and catching the train/tube they will start charging. Why should B&Q pay for a huge car park for it to be filled with people going to the Cinema or Asda provide parking for the local hospital? Up until now most drivers do get scared and worry about PPC notices. Starting a public campaign against them and informing people these companies are powerless is only going to end up with one result, everyone will pay to park to go shopping.

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Not at all green man. The owners of the car park can do as I previously mentioned. it's free if you use the business and a time limit can be put on the length of stay. Say two hours free for shopping in their store.

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Not at all green man. The oners of the car park can do as I previously mentioned. it's free if you use the business and a time limit can be put on the length of stay. Say two hours free for shopping in their store.

 

 

They already do that and no one pays the 'fines' for overstaying as they are according general opinion unenforceable.

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ASDA's have a store in Bedminster Bristol right in the middle of the Bedminster shopping area. This of course is very attractive to other shoppers. ASDA's deal with this by charging, unless you have a receipt for making a purchase in their store at that time. Incidently this was common practice in some car parks in the U S where the car park had agreements with local businesses. An idea that shoul be adopted in this country perhaps.

 

ASDA Bedminster have never asked to see my receipt when I have I shopped there. They do have barriers at the entrance to the car park but they never seem to use them and seem to not have any on the exits.

 

That said providing the charges are reasonable and that the conditions of entry are made clearly visible at the time of entry I think most people don't have to much of a problem paying to park or providing a receipt to prove that they have shopped in the store providing the parking. It's when we get to the realms of paying penalty charges or being clamped for non-compliance or alleged non-compliance that we get problems.

 

The supermarkets have to decide whether the lost business through commuters/non-shoppers parking plus the cost of having attendants to check receipts/accept payment plus the loss of goodwill (if any) is worth the revenue generated by the "extra sales to gain a receipt" plus the charges accrued from the parking charges.

 

I suspect that many Supermarkets may have trialled this sort of thing in the past and rejected it as un-economic. However I did encounter this at a store in the Midlands recently so it may be that the local stores are left to decide how to manage things.

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