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    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Telephone harassment - an action plan


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It's not difficult and can even be therapeutic. Imagine how you will feel when you realise that you are doing something about it. That you are secretly building an evidence file which will put you back in control.

  • Buy a good size exercise book from your local stationers to be used as a log book.. You will need one with non-detachable pages and the pages should be numbered if possible.
  • If you have blocked your phone to withheld numbers - then unblock it. (you will need to receive calls.)
  • Keep a clock or timer next to the phone.
  • Start keeping a detailed diary of your unwanted calls.
  • Log date, time and length of call. Don't keep more than one or two per page. (Keep it neat)
  • As soon as the call is finished do a 1471 and log if there was a number or if the callerID was withheld. Note down a detailed account of what was said by whom, was the caller male or female etc.
  • Start trying to go through various scenarios so that you log a number of typical exchanges. You might be upset. You might be angry, Try being very cooperative in order to draw more information as to who is calling and on behalf of whom.
  • You might want to plead with them to stop calling or to tell them that it is very late and that the children will be wakened.

You will soon learn to get into the role and you will soon understand how to draw the full range of reactions from your harasser.

 

Do not tell any lies. Keep your reactions typical of the ones which you would have were you not this time turning the tables.

 

We suggest that you go through this for a month or so.

Keep your call log book in good condition. Do not tear out any pages. Keep the page numbers fully sequential.

 

 

In addition too this, we would suggest that you record the calls. Telephone recording is legal. You do not need to warn the other side.

If you use Skype then there are several software programs around which will let you do this. We have found that callBurner is very good and we will be offering it through this site very soon. There are cheaper programs and even free ones but CallBurner seems to be very fully featured and we think that it is worth the price considering the problem you are trying to combat.

 

If you use a landline then get a telephone recorder from Maplins. However, we will soon be offering a very superior landline telephone recorder through this site and a good price.

 

If you do record your calls, then you should still keep your written log but also reference each written log to the voice recording which you have obtained on tape or on computer file.

 

The big question is always -

 

Do I have to warn the other side that I am recording them?

 

The answer is NO you do not.

 

This is a common misconception.

As long as you are not interfering with the BT phone line then you are breaking no laws. Telephone recording is legal.

 

 

Click on the Chilli to download a trial copy of CallBurner, the Skype CallRecorder:- chilli.png

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See also two new links in the library:

Protection from Harassment Act 1997 - statutes library

 

and

 

Harassment - Guidance from the Crown Prosecution Service - external links library

 

 

 

 

 

NOTE: Quite a few people posted on this "information" thread when they should have started their own. These have all now been removed to a separate thread which can be found HERE

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