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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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advice on going to court for fraud by council


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Hello There,

I'm new to this, so please bare with me.

The Council (bless them) are taking my husband to court for fraud.

What happaned was he had applied for tax credits, he told the gentleman on the phone that he was recieving a partial housing benefit, and inquired how and if it should go thru the books, as we'd never done this, and do I have to call the council. The gentleman said just put it thru as you would end of year etc, and they'll adjust you accordingly than. A few months later, he recieved a an interview under caution letter. What compounds matters, is that they've been hounding us for monies which we have already paid, which has been an ongoing battle for about 2 years now. Im american, so they are a new "experience" for me. I have never dealt with anything like them, We had gone down there with all our receipts, etc. and on a few occasions where we had paid in extra, cause we had it, they actually argued the toss and were trying to tell us that because he couldn't make out some of the numbers on the receipt, for inst. if most of the reciepts were 52.00, and there was 1 in particular that was for 96.00, he looked me straigt in the eye and said sorry, I have to accept that as a 5 not a 9, Now I personally, paid that into the p/o, and my memory is long, It was an insult, anyway, on that day, the woman who we went into the room with, found about 1.000, that HAD NOT been entered into the computer, 500.00 of that was their own payment book. Ok, so you think ,ok sorted, they still got more money than they should, and never will I give xtra again,

but no, the figures are still not right, my husband told them I am not paying you another penny till someone sits down, and explains to me where these figures came from shortly after, we had the baliff thing etc. and so it has escalated, we have a standing order for the council, we always pay, but we don't want to give them the extra they say we owe, because we don't owe it, we wrote letters, phoned, had the interview etc. I am exasperrated. So when we got the letter saying they were taking him to court for Fraud, I couldn't believe it. My poor husband who has had 2 heart attacks, and one on the way, went to the interview and explained that because he never claimed for tax credits before, he asked them while he was on the phone, what about the council, how does that work, and that the gentlemen said, just submit it at the end of the year when you turn in your books. Never gave it another thought, but they claim, because he didn't notify them of a "change of circumstance", its fraudulant, he tried explaining to them as nicely as he could, and couldn't believe they thought he was committing fraud, via "the tax man" who would do this?? We don't call them every time a job comes in, or if we're doing a disco, thats ridiculous.

He called the tax office the other day, and he has to call a number to see if he can get the conversation, as all calls are supposedly recorded, but they can't guarentee it. He saw a solicitor today, who basically said to plead guilty, after looking at our financial status, said to offer to pay 5.00 a month till its paid, and he'd get off with maybe some kind of community service, not custodial. My husband does more communiity service than anyone I know, he heads a youth club, hes involved in the community, volunteers plenty of time. But mostley, I have a HUGE problem with her telling him to just plead guilty. Should we just eat it, and do like she says?

any advice would be greatly appreciated. please forgive me for being so lengthy.

Sincerly,

D

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Hello D,

 

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