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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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Advice re v minor bus bump, please...


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Hi

 

A few weeks ago, I had a very minor bump with a bus - so minor it didn't even scrape the paintwork on either vehicle. The bus company are now trying to claim on my insurance, although they haven't said on what grounds.

 

The circumstances were that one evening I was trying to reverse into a parking space outside my house during torrential rain (I live in a small village in Scotland). The bus came up right behind me while I was reversing and stopped - I was so intent on not hitting the car beside me that I didn't see the bus but managed to stop just as we touched. The offside rear corner of mine touched the front offside of his bus.

 

I can't stress how minor this was - I stopped because I suddenly saw his headlight in my wing mirror and we touched as I stopped the car. I know this might sound like I wasn't paying attention but there was very heavy rain and he was so close that his headlamp was hidden by my car. As I swung round, it came into view and I stopped immediately.

 

I was very annoyed that he didn't sound his horn - he claimed that my reversing light wasn't working (as it happened, the bulb had just gone - it certainly worked half an hour previously when I reversed out of a parking space elsewhere).

 

As I said, there was no indication of damage whatsoever on either vehicle - not even on the paintwork. Given that I drive a Ford Focus and he was driving a bus, you would think that damage, if any, would be much more likely on my vehicle than his.

 

He refused to give me his name, saying that the bus company's registration no (not the reg plate, a four-digit no printed at the top of the bus) was all I needed. He had a witness, a woman passenger, who also refused to give me her details, claiming that she was his witness and had nothing to do with me.

 

I took photographs of both vehicles - he refused to dim his headlights so I could get a picture of his paintwork, but I managed by taking pictures from several angles. Not a mark visible on either vehicle.

 

I'd like to know where I stand on this. Was he right to refuse to give me his details? Was the witness right to do the same? There is a very strong suspicion that the two of them were chatting as the bump happened and he wasn't paying attention. Also, is he under any obligation to sound his horn if he sees a collision is about to happen?

 

I have now had a letter from the bus insurers telling me they intend to claim on my policy. I know full well there are no real grounds for this - are they just trying it on?

 

Any advice greatly appreciated.

 

Thanks

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I would write back to the Bus insurers asking for evidence of damage to the bus, and telling them that you took photographs of both your car, and of the bus at the time of the incident.

Tell them that in your opinion, the collision was of such low speed, and there was not even a mark on the paint of your car that you seriously doubt that there was any damage whatsoever to the bus and you will be forwarding copies of all the details that you have on the accident to the IFB (insurance fraud bureau) as you feel that this is a spurious claim.

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Just wanted to say big thanks - v sound advice. Have spoken to the insurers and all indications are that it will not be pursued - quite rightly, too.

 

Am still incensed that they even tried to make a claim on what is essentially a percentage basis, hoping that I won't bothyer to fight and just let the insurers sort it out between themselves.

 

A triumph for the common man - thanks again!

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