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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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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.
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Dropped Kerb


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why do you think this will be an issue?

 

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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Can I be ticketed for parking in front of my own drive on the dropped kerb?

I haven't been, but just wondered if I could be?

 

I would say yes Jamie , because you would be causing an obstruction to the general public on a pavement meant for pedestrians

The pavement would be the property of the local council even although you have went to the expense of dropping the kerbs to gain access to your property .

 

regards

 

rs

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I would say yes Jamie , because you would be causing an obstruction to the general public on a pavement meant for pedestrians

The pavement would be the property of the local council even although you have went to the expense of dropping the kerbs to gain access to your property .

 

regards

 

rs

 

I think the OP means on the road alongside the D/Kerb.

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I think the OP means on the road alongside the D/Kerb.

 

Im sure the OP said he was parked ON the dropped kerb .

 

Anyway here`s the answer to his question ...

From 1 June 2009, as a result of Regulations made under the Traffic

Management Act 2004, all councils in England and Wales have powers to

introduce blanket Special Enforcement Areas covering vehicles that park on

dropped kerbs or double-park without a requirement to provide specific traffic

signs or road markings. These Regulations do not apply to Scotland

regulations.

 

and this from DIRECTGOV...

244

 

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

 

[Law GL(GP)A sect 15]

 

 

 

regards

 

rs

Edited by royalscot
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I think the OP means parking on the road, in front of the dropped kerb which presumably only provides access to his own driveway. In which case the answer would be no.

 

The council/police would generally only enforce on a dropped kerb which has been dropped to allow pedestrian/wheelchair access on or off the roadway. To enforce on a dropped kerb which only allows access to a private drive the council/police would normally require a complaint from the homeowner that their drive was blocked, and even then, they may not get any help unless they are trapped inside their drive unable to get off, (in which case the police could class it as obstruction as you can no longer go about your lawful business).

 

If you are trapped outside your property then that is "unfortunate", but is not stopping you from going about your business.

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I think the OP means parking on the road, in front of the dropped kerb which presumably only provides access to his own driveway. In which case the answer would be no.

 

 

Unless of course there is a restricion there, the exemption does not apply if there is a yellow line.

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True G&M, but I don't think the OP would have asked the question in the fashion he did if there was a yellow line outside his house. But for the perpose of clarity, it would help if the OP could be more specific about the circumstances. i.e. does he mean parking on the road or on the pavement? Are there any lines (be they yellow or white zigzags)? Is the dropped kerb for his drive only or is it a shared entrance? etc

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True G&M, but I don't think the OP would have asked the question in the fashion he did if there was a yellow line outside his house. But for the perpose of clarity, it would help if the OP could be more specific about the circumstances. i.e. does he mean parking on the road or on the pavement? Are there any lines (be they yellow or white zigzags)? Is the dropped kerb for his drive only or is it a shared entrance? etc

 

I only added it as I know of a couple of occasions when people have thought they could even on a single yellow, daft I know but it happens!

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lots of exceptions to the prohibition whereby you can block your own dropped kerb - and so can others that you have given permission to.

 

http://www.legislation.gov.uk/ukpga/2004/18/section/86

 

G&M must have forgotten to balance his yellow line comment with something that would inform and assist you so I have balanced it for you.

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lots of exceptions to the prohibition whereby you can block your own dropped kerb - and so can others that you have given permission to.

 

http://www.legislation.gov.uk/ukpga/2004/18/section/86

 

G&M must have forgotten to balance his yellow line comment with something that would inform and assist you so I have balanced it for you.

 

Talking rubbish again are we?? If there is a yellow line none of your wonderful exemptioms apply so how does that balance anything out? If you insist on having a childish dig at me at least try reading the thread properly first before posting garbage. We have already established the OP can park on his own drop kerb I was just being helpful and warning him it did not apply if there was a yellow line but of course that is in some way not helping anyone in your strange warpred mind!

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The council/police would generally only enforce on a dropped kerb which has been dropped to allow pedestrian/wheelchair access on or off the roadway. To enforce on a dropped kerb which only allows access to a private drive the council/police would normally require a complaint from the homeowner that their drive was blocked, and even then, they may not get any help unless they are trapped inside their drive unable to get off, (in which case the police could class it as obstruction as you can no longer go about your lawful business).

 

If you are trapped outside your property then that is "unfortunate", but is not stopping you from going about your business.

 

Below are extracts from the Nottingham City Council website relating to dropped-kerbs which may be of interest.

Other Councils may/may not have a similar service in place.

 

.........citizens will also be able to contact Parking Services for help if a vehicle is blocking a dropped crossing prevent them getting on / or off their own property.

 

If a vehicle is blocking my drive what do I do?

1) If your driveway or home is blocked by a vehicle parked over a dropped crossing, please call Parking Services hotline on: (0115) 915 6655 to complain.

2) Parking Services will need to see if a Civil Enforcement Officer is available to attend.

3) A Civil Enforcement Officer will need to see a vehicle parked over a dropped crossings for 20 minutes, checking that the property has the correct dropped kerb and recording details of the vehicle parked and those of the person who is complaining.

4) A Penalty Charge Notice (fine) will be issued and the vehicle could be towed away.

 

I wonder if this is a 24/7 service....., personally I doubt it.

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HI,

 

Apologies, v busy weekend.

 

Kerb dropped outside my house for my own access only onto driveway.

 

There is a single yellow line on the road where my kerb is dropped to restrict parking between certain hours.

 

Was just wondering that, outside the restricted times, if someone were to be arsey (like I know them to be) and they were to phone up and complain someone was blocking their driveway (when in fact it is my car outside my own dropped kerb) - could I be ticketed for parking over my own drive?

 

You may be wondering why the hell am I parking on the roadside instead of on the drive now the kerb has been lowered? Simples... the council c0cked up bad and haven't been back to fix the mess they have made of the dropped kerb/tarmacing and so for the mean time I am stuck to parking on the roadside still.

 

Thanks for your responces. Very helpful.

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HI,

 

Apologies, v busy weekend.

 

Kerb dropped outside my house for my own access only onto driveway.

 

There is a single yellow line on the road where my kerb is dropped to restrict parking between certain hours.

 

Was just wondering that, outside the restricted times, if someone were to be arsey (like I know them to be) and they were to phone up and complain someone was blocking their driveway (when in fact it is my car outside my own dropped kerb) - could I be ticketed for parking over my own drive?

 

You may be wondering why the hell am I parking on the roadside instead of on the drive now the kerb has been lowered? Simples... the council c0cked up bad and haven't been back to fix the mess they have made of the dropped kerb/tarmacing and so for the mean time I am stuck to parking on the roadside still.

 

Thanks for your responces. Very helpful.

 

Technically you can get a PCN which you would then have to appeal and would as the householder get cancelled but most Councils check the complaint against the electoral role to cut down the chances of someone trying it on, obviously if they pretended to be you that would not work. At the end of the day if its outside hours of the SYL you can park there if its a residential address and you live there if you do get a PCN for some unlikely reason it would ultimately get cancelled.

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Cheers G&M.

The garage over the road scares me, had plenty run ins with them already for parking their cars in front of house etc and with this dropped kerb I have taken 2 spaces away from them - hence the hypothetical scenario - thanks for clearing up.

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Technically you can get a PCN which you would then have to appeal and would as the householder get cancelled but most Councils check the complaint against the electoral role to cut down the chances of someone trying it on, obviously if they pretended to be you that would not work. At the end of the day if its outside hours of the SYL you can park there if its a residential address and you live there if you do get a PCN for some unlikely reason it would ultimately get cancelled.

 

.....not forgetting an appeal for the refund of the paid PCN AND the towing charge in the event that the vehicle is towed away.

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Talking rubbish again are we?? If there is a yellow line none of your wonderful exemptioms apply so how does that balance anything out? If you insist on having a childish dig at me at least try reading the thread properly first before posting garbage. We have already established the OP can park on his own drop kerb I was just being helpful and warning him it did not apply if there was a yellow line but of course that is in some way not helping anyone in your strange warpred mind!

 

Just balancing your imagined yellow line (turns out there was one ! but that was unknown at the time)

but the yellow line issue IF it existed had at had been agreed earlier in the thread.

 

(you failed to mention if it was red route :) or a DYL :) :) )

 

what wasn't in the thread was the full information for the exemptions.

Links to the complete legislation are now 'rubbish' are they

 

and you accuse me of having a 'strange warped mind'.

 

too touchy by far G&M. Just try to balance things out a tad. This is a help forum.

 

and stay cool.

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