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    • This is the other sign  parking sign 1a.pdf
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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...
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Fine for not Displaying Tax Disc


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Hey guys,

 

My Dad received a fine today for not displaying his tax disc. He received a new tax disc yesterday, after waiting almost three weeks for it to arrive from the DVLA and, in fact, it was in the car. However, he damaged the tax disc holder yesterday when removing the old disc, so the new disk was just left on the dash and had fallen off. Has anyone had any experience of contesting these fines? Is it worth doing so? Obviously a simple check with the DVLA will show that the tax was paid for and valid.

 

Thanks in advance for any advice

 

FM

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The law does state that an offence is committed for not displaying the disc....

 

33.—(1) A person is guilty of an offence if—

 

(a) he uses, or keeps, on a public road a vehicle in respect of

which vehicle excise duty is chargeable, and

 

(b) there is not fixed to and exhibited on the vehicle in the

manner prescribed by regulations made by the Secretary of State a

licence for, or in respect of, the vehicle which is for the time being

in force.

 

However, it may still be possible to avoid the fine if the circumstances are explained - I certainly don't think it would be appropriate to issue the fine if what you describe is an accurate description of events. Unfortunately my view will not be enough... :D

 

Good luck - hopefully someone who has contested in this manner will read your plight and offer guidance.

 

p.s. Does your father have any breakdown or insurance policy that offers free legal advice for motoring related matters? Worth a call if he does...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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On the downside (as if there aren't enough) I believe this is a "strict liability" offence which - in the simplest of terms - means that not being at fault or not knowing is not a valid defence.

 

Let's hope you find someone who has experienced the same...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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However, it may still be possible to avoid the fine if the circumstances are explained - I certainly don't think it would be appropriate to issue the fine if what you describe is an accurate description of events. Unfortunately my view will not be enough... :D

 

Well, that's good enough for me. You'll get my vote if you ever run for PM... :p

 

p.s. Does your father have any breakdown or insurance policy that offers free legal advice for motoring related matters? Worth a call if he does...

 

I'm not sure. I'll check with him and see. The trouble is, he's in Glasgow, I work in London and I'm heading to Canada for a couple of weeks tomorrow. I know that if I leave it with him, he'll just pay the fine. Oh well, maybe it will teach him to be more careful in future... :rolleyes:

 

Thanks for your input, guys. If anyone else can offer anything on this, I'd appreciate your thoughts...

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The section quoted above relates to 2 distinct offences.

 

1) Failure to have VED for a vehicle on the public highway. Which does not apply as he had the tax disc, but not on the windscreen.

 

2) Failure to display a valid VED disk. That there is valid VED is immaterial; the disk must be displayed and fixed to the vehicle. If the disk was resting on the top of the dash and visible through the windscreen then a penalty for this is over-zealous, but factually correct as the disk was not fixed, the fact that it fell off is testament to this. It had fallen off, so it wasn't on display at all, then there is no argument - the penalty is valid. The broken disk holder is irrelevant - the disk could have been sellotaped to the screen temporarily.

 

I'm afraid to say that he will have to pay it. If you send your defence/miitigation as you have outlined here, you are simply admitting the offence.

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I'm afraid to say that he will have to pay it. If you send your defence/miitigation as you have outlined here, you are simply admitting the offence.

 

Thanks for the comments, Pat. All valid points, just, I suppose, one of those things that you don't think about. Not to worry, it's only money... :)

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  • 2 weeks later...

Tell you what.

Our Director didnt renew the company pool car tax discs and printed out the renewals for us to put in the windows! We told him to shove it obviously.

 

Even if its been paid online. Your Tax disc is the actual receipt of payment. Thats why you get your reminder a good few weeks before expiry. Theres no excuse for missing it. It could have been worse in this case. The car could have been taken away to the crusher!

I totally sympathise with your situation but its best to just pay the fine in this case and at least have a mini roll of selotape in your glove compartment for next time! ;)

Black Horse LTD 2008 - Default removed upon CCA request. Unable to supply original agreement.

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Guest 10110001

A longshot:

 

The DVLA is a civil authority (and not a millitary one), the Bill of Rights 1689 - unrepealed - legislates freedom from fines and forfeitures without trial.

 

Have you asked the DVLA to revoke the fine? The RTA does not provision the DVLA to subvert a point of law.

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