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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Restorative Justice and Enhanced CRB Disclosure


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Can someone tell me please if a restorative justice matter will show up on an enhanced CRB disclosure?

 

I had to write a letter of apology after I was reported to the police for giving a dog owner a piece of my mind, even though it was a result of their dog lunging (barking and snarling) on it's lead at me and my dog, scaring the living daylights out of me. I had to go to the police station to discuss the incident as the dog owner had felt threatened by me. I wasn't charged but was told it would lay on my local police file.

 

I'm about to fill out a disclosure for an enhanced CRB for a new job (but with the same employer). As well as the CRB, I have to complete a declaration form which includes answering Yes or No to the following statement to which I think the restorative justice matter might be relevant:

 

"do you know of any other matters in your background which might cause your reliability or suitability for employment to be called into question?"

 

Should I answer 'Yes' and provide the details, or not?

 

I hope someone can advise. Thanks.

 

Northern Lassie

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Did you sign any police documents eg ''community caution''

which is used in cases like this.?

You may be better just ringing they CRB and ask them.

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No, not that I can recall. Both parties had to sign to say we would stay clear of each other when out with our dogs. Would it be appropriate for me to contact CRB?

Yes quite acceptable all you are doing is asking

for information, you need not go into any details

as to why you wan't to know, I don't personally

think it will show, there have been many changes

on what and what isn't reported, alternatively call

your local police they should have the info.

  • Confused 2

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I've phoned my local police station and they tell me I don't need to disclose the matter. Thank you ever so much Brigadier2jcs for your sound advice! Double clicking your star :)

 

You need to double check. My 14 year old son was given such an order for a playground push (yes, you heard that correctly). He was given a level 1 Restorative Order and the officers told us it would not go on his CRB check as he wants to join the Armed Forces. The Police called at 11:30pm in the evening and threatened to arrest him, take his DNA and chuck him in a cell OR he could take the restorative order. The school tried in vein to stop the process earlier that day saying it was nothing. However, the other parent has a right to request such action.

 

My son as now stopped attending outdoor activity's such as scouts, army cadets. He believes honesty doesn't pay (he admitted to the crime of the century and signed a statement to the school) and his respect for the Police is zero. A quiet lad with a bright future and career in front of him who as never even stole a sweet with an unblemished school record as now gone down from A grades to F's.

 

 

We have two relatives in the Met and he wont even look at them or talk to them anymore.

 

 

 

 

We've since found out that ALL restoritive orders will show on a CRB check.

 

Sussex Police appear to be the only force that mentions this on their website :

 

http://www.sussex.police.uk/advice-and-support/community-resolution/community-resolution-faqs/

 

 

 

Will community resolutions be disclosable? (aka Restorative Order)

 

Community resolutions are disclosable when an enhanced CRB check takes place and previous community resolutions must be included as part of the defendant's offending history when seeking charging decisions from the Crown Prosecution Service. Additionally, community resolutions can form part of Bad Character evidence

Edited by HellenMellon
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  • 2 weeks later...

Just to update on this. After much soul searching, I gave my new employer details of the Restorative Justice matter; glad to say they weren't phased by it but I was glad I came clean with it before the disclosure came back. As it turned out, the enhanced disclosure didn't show it; all sections showed 'None Recorded'. Relieved is an understatement. If there's anything I've learned from this (as old as I am) is don't be an idot in the first place to get an RJ. Secondly, if it is likely to raise it's ugly head on a CRB, be upfront and spill the beans. It was humiliating but your new employer will think more of you.

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