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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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help me take Atos and DWP to court


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Hi Again PatrickQ1 and Kelcou,

 

Apologies at being a nuisance, but the CAG PM system won't let me send a message to Tuvalu. Are you able to do the honours and email her to advise that there is a post on CAG with information that might help get the result she needs for the passing of her partner, and in a way that doesn't require her to place her and her family in financial harms way? In other words, the Health & Safety Executive and if necessary the police and CPS will, or at least should investigate.

 

Kind regards,

 

banana

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Thanks PatrickQ1,

 

Much appreciated.

 

Even if Tuvalu doesn't respond, there appear to be at least two other deaths by suicide related to the new Atos/DWP 'Medical Assessment' failings that require formal and thorough investigation. Methinks this might be a serious issue for those at Atos/DWP who refuse to 'improve' their defective 'Medical Assessment' system that on the evidence, has actual deaths in close proximity to the Atos/DWP 'Medical Assessment' et al. I have come across alleged DWP stonewalling that may very presage and end up a more serious matter than the MP Expenses Scandal. At least, as far as I know, no one lost their lives as a result of the MP Expenses Scandal. Even then the jails have MPs and Lords imprisoned.

 

For anyone curious, the fines and custodial sentences under the new Homicide Act, and breaches of the Health & Safety legislation are very very serious.

 

For civil servants and MPs, the Crown Immunity on material sections of the legislation have been removed.

 

Watch this space.

 

Very best regards to CAG,

 

banana.

Edited by Legislation Hound
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I personally do not think it will bother a single MP with regards to the suicides ,MR DS should be held accountable , but they never are they will sqirm out of it, as for expenses any single one of them who has abused the system ought to be held to account ,including MR osbourne who incedently flipped his home and also moved his money 10 mil plus to Guernsey seems he gets away with it but not others ,i do hope eventually someone does begin an action against Atosh and DWP but that is just wishful thinking

patrickq1

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Hi PatrickQ1,

 

I take your point and share your cynicism about MPs not being held to account. However, I draw a breath of fresh air from what Heather Brooke started with an almost invisible Freedom of Information request in 2005 that developed into a political maelstrom. Long story short, and it is worth reminding ourselves as we have a severe bout of cynicism, this led to one of the biggest upheavals at Westminster for centuries.....

 

Ex MP David Chaytor convicted and sentenced to 18 months imprisonment.

 

Ex MP Eric Illsley convicted and sentenced to 12 months imprisonment.

 

Ex MP Jim Devine convicted and sentenced to 16 months imprisonment.

 

Ex MP Elliot Morely convicted and sentenced to 16 months imprisonment.

 

Lord Taylor of Warwick convicted and sentenced to 12 months imprisonment.

 

Lord Hanningfield convicted of false accounting on 26th May 2011 and awaiting sentence.

 

 

On top of many of the above liars and crooks being jailed, we have the political P45s....

 

Baron Bhatia has been suspended from the House of Lords for eight months and told to repay £27,446.

 

Baron Paul has been suspended from the House of Lords for four months and told to repay £41,982

 

Baroness Uddin faces a police investigation. She has been suspended from the House of Lords until the end of 2012 and ordered to repay £125,349.

 

Ex MP Jacqui Smith stood down as Home Secretary during her partners period of taxpayer funded porn purchase. She was voted out of the House of commons in 2010

 

Ex Chief Secretary to the Treasury, David Laws recently resigned from the new government following a still live £40,000 expense problem.

 

Ex MP Geoff Hoon was humiliated in a television documentary and didn't even stand as an MP in 2010

 

Ex MP and Minister of Employment and WELFARE REFORM Tony McNulty was forced to apologise to the House of Commons and repay £13,837 in dodgy expenses. He was booted out of the House of Commons in 2010.

 

Ex MP and Exchequer Secretary to the Treasury Kitty Usher resigned her position after just 8 days, following publication of her efforts to avoid Capital Gains Tax.

 

The list of political casualties from the Expenses Scandal and related FOI issues that have come to light goes on, and on, and on.

 

Current MINORITY Government Secretary of State Iain Duncan Smith was subject to a dodgy CV expose by investigative reporter Michael Crick. Let us not forget, Duncan Smith was SACKED by his previous employer in a humiliating vote of no confidence in him as Conservative Party Leader. His coat is on the proverbial shugglie peg.

 

My Point? Simple. If MPs do not listen to the warnings of unfairness and injustice, they will face tougher sanctions.

 

In the case of this thread, and the deaths linked to Atos/DWP, there is the distinct probability of prosecution of MPs and Civil Servants with the possibility of jail sentences being handed down to DWP Decision Makers, right up to Iain Duncan Smith being hauled before the courts WITHOUT CROWN IMMUNITY if they do not get their act, and the conduct of Atos employees and DWP officials in line with the new Homicide Act, the HSE Legislation and the Human Rights Act.

 

This matter is what might be described as a 'slow burner'.

 

It took Heather Brooke 4 years from her first FOI request. But the result shook the Mother of All Parliaments to its foundation. That is an undeniable FACT.

 

Tragically, the lessons of fairness, right, justice, and elected representatives/civil servants acting within the law themselves still haven't been learnt.

 

The matter of Atos/DWP and deaths by 'Medical Assessment' appear on this thread in a very obscure corner.

 

But mark my words, the matter will travel up the political agenda as time goes by.

 

Then again, what do I know? I am only a disabled former police officer.

 

Very best regards,

 

banana.

Edited by Legislation Hound
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  • 2 years later...
  • 3 weeks later...
Hi PatrickQ1,

 

I take your point and share your cynicism about MPs not being held to account. However, I draw a breath of fresh air from what Heather Brooke started with an almost invisible Freedom of Information request in 2005 that developed into a political maelstrom. Long story short, and it is worth reminding ourselves as we have a severe bout of cynicism, this led to one of the biggest upheavals at Westminster for centuries.....

 

Ex MP David Chaytor convicted and sentenced to 18 months imprisonment.

 

Ex MP Eric Illsley convicted and sentenced to 12 months imprisonment.

 

Ex MP Jim Devine convicted and sentenced to 16 months imprisonment.

 

Ex MP Elliot Morely convicted and sentenced to 16 months imprisonment.

 

Lord Taylor of Warwick convicted and sentenced to 12 months imprisonment.

 

Lord Hanningfield convicted of false accounting on 26th May 2011 and awaiting sentence.

 

 

On top of many of the above liars and crooks being jailed, we have the political P45s....

 

Baron Bhatia has been suspended from the House of Lords for eight months and told to repay £27,446.

 

Baron Paul has been suspended from the House of Lords for four months and told to repay £41,982

 

Baroness Uddin faces a police investigation. She has been suspended from the House of Lords until the end of 2012 and ordered to repay £125,349.

 

Ex MP Jacqui Smith stood down as Home Secretary during her partners period of taxpayer funded porn purchase. She was voted out of the House of commons in 2010

 

Ex Chief Secretary to the Treasury, David Laws recently resigned from the new government following a still live £40,000 expense problem.

 

Ex MP Geoff Hoon was humiliated in a television documentary and didn't even stand as an MP in 2010

 

Ex MP and Minister of Employment and WELFARE REFORM Tony McNulty was forced to apologise to the House of Commons and repay £13,837 in dodgy expenses. He was booted out of the House of Commons in 2010.

 

Ex MP and Exchequer Secretary to the Treasury Kitty Usher resigned her position after just 8 days, following publication of her efforts to avoid Capital Gains Tax.

 

The list of political casualties from the Expenses Scandal and related FOI issues that have come to light goes on, and on, and on.

 

Current MINORITY Government Secretary of State Iain Duncan Smith was subject to a dodgy CV expose by investigative reporter Michael Crick. Let us not forget, Duncan Smith was SACKED by his previous employer in a humiliating vote of no confidence in him as Conservative Party Leader. His coat is on the proverbial shugglie peg.

 

My Point? Simple. If MPs do not listen to the warnings of unfairness and injustice, they will face tougher sanctions.

 

In the case of this thread, and the deaths linked to Atos/DWP, there is the distinct probability of prosecution of MPs and Civil Servants with the possibility of jail sentences being handed down to DWP Decision Makers, right up to Iain Duncan Smith being hauled before the courts WITHOUT CROWN IMMUNITY if they do not get their act, and the conduct of Atos employees and DWP officials in line with the new Homicide Act, the HSE Legislation and the Human Rights Act.

 

This matter is what might be described as a 'slow burner'.

 

It took Heather Brooke 4 years from her first FOI request. But the result shook the Mother of All Parliaments to its foundation. That is an undeniable FACT.

 

Tragically, the lessons of fairness, right, justice, and elected representatives/civil servants acting within the law themselves still haven't been learnt.

 

The matter of Atos/DWP and deaths by 'Medical Assessment' appear on this thread in a very obscure corner.

 

But mark my words, the matter will travel up the political agenda as time goes by.

 

Then again, what do I know? I am only a disabled former police officer.

 

Very best regards,

 

banana.

 

 

All these MPs that spent time in "prison" if you can call it that spent in fact merely 1/4 of the term handed down by the judges.

Do look that fact up.

Furthermore every last one of them served their time in a very soft open prison. And I have a relative that works at Leyhill open prison and it's a standing joke that it's more luxurious than more pay for fitness/health boot camps that exist throughout the country. Open prisons are really the wealthy and powerful version of a free health boot camp similar to the tv programme for naughty teenagers shown on mainstream tv.

Lord Archer spent much of his time in prison writing a book and spending weekend time at the opera and fine restaurants with the prison governor.

 

Why hasn't his title been removed and surely a fine of £1,000,000 and a prison spell in somewhere like Strangeways as a penalty?

 

To honest most of these toff dicks need a very hefty fine related where possible to their personal wealth. It is a waste of time putting them in prison.

 

It's like former MP Margaret Moran (never prosecuted for major fraud) and indeed recently the tory MP Patrick Mercer ( brushed under the carpet and very likely never to be prosecuted). These of course are only the ones that have been caught numerous other MPs including Cameron and Clegg, Ed Balls and his wife were doing very dodgy deals "within the rules" - (their own rules) making tens of thousand by flipping properties and yet the likes of Tory boys like Cameron and his fag Osbourne with allegedly offshore accounts in the channel islands yet criticizing companies like Google for working "within the rules" too.

 

Quite honestly you've got more chance of the IPCC finding the Police guilty of malpractice and as you are well aware that hasn't happened in the history of the Police. For the same reasons why these MPs never get properly punished.

 

This lady is wasting her time and money bothering to take the DWP and Atos to court as true as IPCC is as about as independent to the Police service as my head is to my body, and ultimately the courts will always rule a nine bob note is legal tender if the government tell them to do so.

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