Jump to content


  • Tweets

  • Posts

    • 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.    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Court said 3 days now it's been 3 months


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2250 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am not sure of the correct place in the forums for this post so if it is in the wrong place please move it to the appropriate thread.

 

Story:

Our disabled daughter and her partner of 20 years having being living together in housing association flats every since they got together.

 

Over time they have moved about 4 times and in every case this has been directly due to their behaviour and drinking.

It was not to bad originally but since they were moved into a block of flats (3rd floor with no lift) my daughter who suffers from hydrosypholis and is weak on her right side has difficulty climbing the stairs.

 

We used to be able to keep them fairly well in check but because we cannot make the stairs ourselves the drinking and behaviour has gotten worse.

 

It got so bad that she was taken to court for pouring beer over the occupier of the ground floor flat and was fined for it.

 

Her partner however got violent during a heavy drinking session and hit her causing server bruising to her face. (not the first time)

He has just been found guilty and has to pay a fine.

 

They are not permitted to have contact as part of the court rulings.

 

When my daughter was taken to court (beer offence) she was hit with a cannot return to her flat as part of the rulings and the judge asked if we could take her in for 2-3 days while other accommodation was found for her.

 

The housing association she was with said they were not prepared to help and forced my daughter out of her flat as they did not want her in any of their properties. (I can understand their point due to their past).

 

We were given a number to call to a person who helps find properties/places for people like my daughter. and we called him and he got om the case.

 

 

Everytime we try to call him for a progress report he always seems to be "on holiday" and when do actually talk to him there always seems to be excuses as to where any sort of decision has been made.

 

Currently waiting for the outcome of a interview she had with a group who deals with people like my daughter and helps them get back on the right path (so to speak). We phoned again today to find out if she has been accepted only to find out that they are waiting for a certain person to come back off holiday (yet again) and then have another interview and a decision will then be made.

 

She really does need to have her own place with proper supervision and help.

 

Our main problem now is that the court said 2-3 days and it's now over 3 months.

In all that time we have kept her away from both drink and her partner and she is coping ok.

 

We do have to be careful of what we say when she is around as we think she is a little paranoid when she hears people talking as she thinks they are always talking about her.

 

Our own life has been disrupted considerably and are getting to the point where we feel we cannot do anything without her being in the background.

 

Is their anything we can do about this excessive time span given we were told 2-3 days and something should be sorted for her.

Link to post
Share on other sites

as soon as you said yes then they said yippee and hid behind the nearest wall and pretended the problem has now gone away. She is no longer homeless so they arent that interested in finding her somewhere to live, especially with ther behavioral problems they think they are doing her and her future neighbours a favour.

basically you have to chuck her out on the street to get anywhere.

Link to post
Share on other sites

Yeah I agree entirely with your post concerning them shouting yippee.

 

My wifes really feeling down about saying yes and the fact they have basically done the dirty on us. She even asked three times if this was just going to be 2-3 days and she was reassured that was what it was going to be.

 

Whats really got my goat is that me and the wife were planning to downsize from our current property this year and has already made some plans and started looking for suitable property. This as fairly well stuffed that in the head.

 

My wife has been onto several housing associations and associations that help people like my daughter and it's just feels like we are being passed from one to another.

 

So. other than actually declaring her homeless what other options are open to us?

Link to post
Share on other sites

Yeah I agree entirely with your post concerning them shouting yippee.

 

My wifes really feeling down about saying yes and the fact they have basically done the dirty on us. She even asked three times if this was just going to be 2-3 days and she was reassured that was what it was going to be.

 

Whats really got my goat is that me and the wife were planning to downsize from our current property this year and has already made some plans and started looking for suitable property. This as fairly well stuffed that in the head.

 

My wife has been onto several housing associations and associations that help people like my daughter and it's just feels like we are being passed from one to another.

 

So. other than actually declaring her homeless what other options are open to us?

 

“They” haven’t done the dirty on you. Your daughter has.

Link to post
Share on other sites

I have to disagree with you disgruntled

 

When you are asked if we could take her in for 2-3 days whilst arrangements were made for her to go somewhere else and virtually nothing has been done to get her a place in 3 months then I do think that they have done dirty to us.

 

She might have well started the whole problem but it was the court asking for us to take her in and as a direct result the LHA took the opportunity to wash their hands by getting her to give up her old property. Because of this it basically shut the door on her getting into several independent living units.

 

We were just getting over a traumatic 5 years during which several family members died including both my wife's parents. My wife's own health is not good with her own medical conditions worsening. My own mother has had to undergo treatment for cancer twice and there were several other stress related things going on as well. We just didn't want all this on top.

 

We really did not want this extra right now and my wife really wishes she had said we could not have taken her in.

Link to post
Share on other sites

then your daughter needs to tell the council that she is been thrown out next thursday and you actually do that so she turns up at the housing office on the thurs morning and says am now homeless what are you going to do about it? they will call you and you refuse to have her back.

You have to be cruel to be kind

Link to post
Share on other sites

Sadly, I have to agree with you. Sometimes you do have to be cruel to be kind.

 

Going to try a couple of other places which we have found which appear to be the type she needs. Have to see how it goes.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...