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    • Should this to be take into court with him or should he send something in earlier?
    • 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.              
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Car Insurance on Private Property


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Yes you do!

 

Without going into legal specifics, the general rule of thumb is you need Road Traffic Act cover (Similar to Third Party Only) if the area where you're driving is accessible to other members of the public.

 

So a private farm that has a long access road used by the postman in his van having to deliver the mail, then you would need to ensure that your vehicle is insured if it used here.

 

The large privately owned car behind the factory, that has an access route to a unit at the back, then you would need to ensure that your vehicle is insured if it used here.

 

There are always exceptions, but...

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A vehicle used on a road or public place is required to be covered by insurance, section 143 RTA 1988. If it is private and neither a road (within the meaning of the act - which generally means a public road) or public place, s. 143 doesn't apply.

Edited by Raykay
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i think also that if it is a gated, you do not need it .

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just becareful on this gated bit.

it's NOT the old wives tales of 'it must be closed one day per calender year' [that applies to some private roads], it must be a perm closed gate, only opened for access then closed again.

 

there is an old thread somewhere on it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The trouble is who would be stilly NOT to have insurance? Never mind the damage to other vehicles (Third Party) what about is someone decides to lob a hammer over a wall or a slate falls off a nearby roof? You could claim n your own policy, but not if there was no cover if force.

 

I have a vehicle that is SORNED, but I still have it covered for 'off road' in case the garage is broken into - no cover is not an option.

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So a private farm that has a long access road used by the postman in his van having to deliver the mail, then you would need to ensure that your vehicle is insured if it used here.

 

This specific instance does not make the driveway a public place within the RTA.

 

Many farm vehicles are never, taxed or insured (think combines and tractors) and can be driven by anybody of any age. I was 12 when I started driving the Land Rover on the farm.

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  • 1 year later...

I telephoned the DVLA to clear this up. A new law has just been passed through parliament that has not yet been activated. However, I was advised that persons should act on it anyway to avoid being caught out.

If your vehicle is on private property and taxed it must now also be insured. Previously you could have a taxed car on your property without it getting sorned.

 

Now, if it is taxed you must return the tax disc for refund and SORN your vehicle until you wish to re-insure it.

 

If it is not taxed or insured it has to be SORNED.

 

Hope this helps. Best wishes. Etta:-)

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Now, if it is taxed you must return the tax disc for refund and SORN your vehicle until you wish to re-insure it.

 

If it is not taxed or insured it has to be SORNED.

 

Hope this helps. Best wishes. Etta:-)

 

..and there lies the first problem...

 

If you wish to surrender a tax disk it is only refunded in whole months. So lets say I have a car taxed and insured, but insurance runs out on the 10th of the month. I don't wish to re-insure it because it is off road and I don't intend driving it for another 4 or 5 weeks.. If I SORN it I will loose 20 days tax, (and have to wait upto 6 weeks for the DVLA to send my refund). But if I don't SORN it I have to pay for insurance that I don't need for a month or more. On an insurance policy of say £500 per year, that will cost me 40 odd quid for something I don't need.

 

There are all sorts of other complications with this law, that in essence, appears to be have been designed purely as another motorists stealth tax. Remember, when they introduced SORN, the ministers involved specifically stated it was designed to "catch repeat offenders and criminals" yet has mainly turned into an instant fine against "innocent" or forgetful people that had no intention of breaking the law but get caught anyway.

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I fully agree. That is how I came to be on this forum, searching for that info. I am disabled. My car needs work done on it and is off the road for three weeks. I have had to go and re-insure it today simply for the pleasure of placing my car, on my own drive, with tax.

 

It's riduculous. I could have sent my tax disc in but it is such a rigmarole getting fresh disabled tax disc and do we think the DVLA have the tax department up too date. Bet you they haven't and I can see all sorts of problems with this.

 

I think the Insurance should have a clause that states if you inform them the car is off the road, and the periods of time it will be there, the insurance should revert to a private propery parking insurance and carry the relevant deduction in payments for that time. Would that happen? Never!!

 

I think it's 'clobber the motorist' year. Etta:-)

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  • 2 months later...
I fully agree. That is how I came to be on this forum, searching for that info. I am disabled. My car needs work done on it and is off the road for three weeks. I have had to go and re-insure it today simply for the pleasure of placing my car, on my own drive, with tax.

 

It's riduculous. I could have sent my tax disc in but it is such a rigmarole getting fresh disabled tax disc and do we think the DVLA have the tax department up too date. Bet you they haven't and I can see all sorts of problems with this.

 

I think the Insurance should have a clause that states if you inform them the car is off the road, and the periods of time it will be there, the insurance should revert to a private propery parking insurance and carry the relevant deduction in payments for that time. Would that happen? Never!!

 

I think it's 'clobber the motorist' year. Etta:-)

 

I totally agree with you on that one as I have suffered from having to pay tax and insurance on THREE cars that I could not drive!:-x Car number one was hit (clipped) by an uninsured forty ton lorry. Once the spare wheel was fitted it was sort-of drive-able but the police slapped a Prohibition Notice on it so it had to be transported by lorry to my home address. As it was parked in the lane it had to be kept taxed and insured yet it was illegal to drive it until it was repaired! A spare car was got out of mothballs but the discs had rusted, did that, got it a fresh MOT and tax then two weeks later Saturday night vandals put a plank through the windscreen!:-x Fixed that but six months later the gearbox shredded - back into mothballs.:-( I then bought a Rover 820i, a twin-cam 16 valve jobbie with a TIMING BELT duh! I knew that I was risking it with no service history but winter was coming and the cold dark nights were drawing in. The plan was to leave the belt job until spring when the clocks went forward and the better weather came. Sadly the belt didn't last that long, it failed in Southsea 180 miles from home.:-( At this point I discovered that my "Full breakdown recovery" must have been an introductory offer that reverted to a tow of up to 20 miles at renewal. To get the car home would be £456 the RAC said! I left the car in Southsea and got home by bus and train. (now paying tax and insurance on TWO dead cars) As car number one, a Rover 800 turbo-diesel was taking a long time to repair it seemed to be a good idea to buy a 4x4 to round up all my eBay stuff and rescue the twin-cam. A Land Rover Discovery 300Tdi was bought, OK it had tax ready on it but I still had to insure it and the "No No Claims Bonus on the third car" rule applied! £s£s£s. The Disco lasted three whole days, first a universal joint played up at fifty miles but much more seriously it boiled-up once the Devon hills were reached and only just made it to North Cornwall. The head gasket has blown because the radiator was devoid of its cooling fins. At this point I was paying tax and insurance on THREE DEAD CARS! I've since repaired the Rover 800 turbo-diesel and its been doing the work that the 4x4 was bought for, so now I'm only wasting tax and insurance on two dead cars. It really is a disgusting money-grabbing system that the government has put in place - and don't forget that they get Insurance Premium Tax as well as road tax! I do think that there ought to be a vehicle-out-of-service insurance rate as being stung for insurance on non-runners just isn't fair:-x Oh by the way the Land Rover Discovery 300Tdi is infamous for boiling over and blowing head gaskets unless the radiator is new or as new. The excellent Land Rover agents at Whitstone said that lots of people replace cylinder heads and head gaskets but unless a NEW radiator is fitted the engine will blow again. Yup I'll agree with that!:roll: Look on the bright side - the government NEEDS the money!:|

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I had a quick look at the link and the "uninsured driving" bit is the biggest load of bol@cks that I've read for quite some time. IT IS NOT ABOUT UNINSURED DRIVING AT ALL its about getting money in. When did you ever read of of a "joyrider" being fined for driving without insurance? Oh never? I did hear of a Plymouth joyrider who already had a three month suspended sentence when he went joyriding again. Allegedly he ran red lights and exceeded the speed limit whilst trying to evade the police (60 in a 30 limit not 32!) Of course with the roads in Plymouth being somewhat congested he was soon stuck in a traffic jam and he was then arrested. In court the beak said that the crime was "really serious" so he increased the villains three month suspended sentence to a six month suspended sentence! In effect the joyrider was let off and allegedly he was later seen laughing outside the court. Absolutely disgusting when decent people get the full force of the law (fines and points) for the slightest misdemeanour's such as parking or being a couple of miles an hour over the limit. The problem of course is that the system cannot put points on a non-existent driving licence and nor can it fine drug addicts who have spent their last brass farthing on drugs. Locking these people up costs money so the system makes do with giving out Police Cautions or Suspended Sentences neither of which cost anything. Duh!

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the general rule is if members of the pubic have access to were you intend to park then yes

 

for example if the local landlord of the pub says you can leave it on his car park then yes because other members of the public use it. you can be prosecuted for drink driving private car parks

 

as for farms thats different. if he had a farm shop the farmer normally has a small car park. the rest of the farm is off limits so its ok to ride quad bikes uninsured cars etc

:???: what me. never heard of you never had a debt with you.
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When did you ever read of of a "joyrider" being fined for driving without insurance? Oh never?

 

 

A 21-YEAR-OLD joyrider who took a double-decker bus on a terrifying journey around Amesbury, which ended up on YouTube, has been jailed for six months.

Sam David Hobson, of Lyndhurst Road, Amesbury, was sentenced at Salisbury Crown Court today for aggravated vehicle taking, driving while disqualified and driving without insurance and other than in accordance with a licence.

 

http://www.salisburyjournal.co.uk/news/8678155.Amesbury_bus_joyrider_jailed_for_six_months/

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The problem of course is that the system cannot put points on a non-existent driving licence and nor can it fine drug addicts who have spent their last brass farthing on drugs.

 

Complete rubbish you can get points if you don't have a licence and can get banned without ever holding a licence and being a drug addict has nothing to do with the topic at all most drug addicts don't drive and rarely steal cars I think you have been reading the Daily Mail a bit too much!!

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nothing happens to people who have no insurance.

 

tell this to the people who have had their cars seized and made to walk home with their fixed penalty notice of £200 and 6 points on their licence.

 

oh and if they have no licence they still get banned and penalty points. when they apply for their licence they do have points on and if they recieved a ban one will be issued until the ban has expired.

 

a drug addict has an addiction. treatment is the answer

:???: what me. never heard of you never had a debt with you.
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