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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • 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...
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Obtaining money by deception following RTA - what can I do?


trickyjoe7777
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Quick background story - mid-December last year I was involved in an RTA in Manchester. Had pulled into side of road and was stationary when someone drove into rear driver's side of my car. As traffic was busy I signalled for other driver to follow me a short distance down the road so we could safely pull in.

 

At this point driver began acting aggressively towards me, using threatening getures and shouting, and I became genuinely concerned for the safety of myself and my passenger. Road was unlit, at night time and in a not very nice part of town so I decided to drive to the nearest public, well lit place before begining any conversation with him.

 

Drove for approx 1/4 mile until came to a carpark that was well lit and there were pedestrians nearby. Whilst driving here, other driver repeatedly tailgated me, tried to overtake and continued to gesture.

 

Pulled into carpark and parked up - at this point other driver decided not to follow me into carpark, due I believe to there being members of the public in the immediate vicinity, and drove away.

 

Because of the stress I had not managed to obtain either registration number, nor make and model of his car, and was unaware of where the accident had actually taken place (am unfamiliar with Manchester). Checked my car for damage and was only a tiny scratch which subsequently came out using t-cut.

 

Given the above, and the fact that neither myself nor passenger were injured, I took no further action.

 

A week later I received a letter from police (NIP) - I contacted the PC immediately and explained exactly what had happened. She stated other driver was claiming I had reversed into him and caused £7,000 (!!) of damage to his car. After I gave the correct version of events she stated that she would be taking no further action as, in her word, "he's obviously trying it on".

 

Around same time I was informed by my insurers that they were dealing with a claim from other driver's insurance company. Again, explained what hadd happened and filled in all forms sent to me, my insurance company confirmed that they would be rejecting the claim.

 

Thought that was that until yesterday when I get home to find a letter from other driver's solicitors claiming that not only has he suffered neck and back injuries, loss of earnings and emotional distress due to my negligence in reversing into him, but so have FOUR other members of his family who were in the car at the time of the incident!!

 

This is a blatent untruth - he was alone in the car.

 

Have sent the correspondence straight to my insurance company unanswered, but really want to know if I can involve the police in this matter? It seems to me to be a clear case of trying to obtain money by deception, though this is only a layman's perspective I know. When I spoke with the WPC in January she was very thorough in what he hd stated to her and at no time mentioned any passengers or injuries - his initial concern was for the £7K damage to his car.

 

Assuming he did not mention to the police at time of reporting accident that there were 4 passengers, this would now be an obviously fraudulent claim. My frustrations are not just with the driver and his family, but the solicitors who have taken on this case knowing full well it is fraudulent, and the Doctors that they have got to state all 5 people are suffering injuries.

 

Any advice on how I should proceed with this?

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I believe it would certainly be worthwhile taking legal advice on this matter and certainly telephoning the police to get their view on this.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Have just spoken with the WPC involved who has stated that in the statement he gave to her following the accident he said that he was the only person i the car. This statement has been recorded and held on the police file. She also stated when she advised him that the police would be taking no further action he became aggressive towards her. Given the conflict now between the statement given to police and his spurious claim for damages, what should I expect to happen? The WPC has stated that it is a civil matter and that the police would have no interest in pursuing - surely trying to obtain money in this way must be an offence?

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Attempting to obtain pecuniary advantage by deception is a criminal and not a civil matter under section 16 of the Theft Act 1968 and so the police do have to take the details and give you a crime reference number for it.

 

Call again, if you are refused again, ask to speak to the Inspector and explain what you have explained here. If (s)he doesn't help, ask to speak to the Chief Inspector.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Get your insurance company to obtain a copy of the police report (which should include to third parties statement).

 

At the very worst this will get rid of the "passenger" claims straight away.

 

I'm not an expert on legal matters but I'm pretty certain the the solicitors will drop the claim for the driver aswell as soon as they get the report as it will show that the third party has lied to the police and therefore his testimony would be worthless if this went to court.

 

In addition I would assume that any medical expert who examined the driver would have been the same one who examined the "passengers" so if they indicated that the "passengers" were injuried then their report on the driver would also be questionable.

 

However as previously stated I think that based on the information in his statement to the police the solicitor would drop the case.

 

As for bringing charges against the driver for fraud I wouldn't have a clue to be honest but I would assume that fraud is a criminal matter and this is clearly a matter of fraud as far as I can see.

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