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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • 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.              
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highview PCN - overstay - Almondvale Retail Park, Livingston, Scotland


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Hi guy's

 

I received a charge notice from Highview yesterday.

 

I sent to Livingston for the first time on 4th and they said we over parked the two hours by 21 minutes.

 

I have read through what people have saying and I'm sorry but I don't know the Scottish law as I have only just moved to fife in July.

 

My partner has MS and had to go to the toilet and got caught short, hence the delay.

 

The penalty is £90 and reduced to £54 if paid in 14days, if not paid in 28 days a debit recovery charge will be issued of £40. To top that off they charge you for paying!!!

 

On the letter it also mentions contacting approach on line to appeal, also the where our clients property is located in England or wales , should your appeal be rejected, what does this mean??.

 

They also quote data protection and contacting DVLA and that they had the right to ask them for my details.

 

this is the first time on a forum/blog, can someone please explain in laymans what I should do, as I can't see any recent posts.

 

Thank you

Edited by dx100uk
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https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

Please complete the above

So we have all the relevant info to properly advise yoy

 

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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For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 4/11/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13/11/18

 

3 Date received 15/11/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n? N ]post up your appeal] ??

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Highview Parking Ltd

 

8. Where exactly [carpark name and town] Almondvale Retail Park, Livingston

For either option, does it say which appeals body they operate under. Online to appealpcn.co.uk, by post Appeal Department, Barnet.

J

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE NOW BPA

 

It says they operate in accordance with the BPA does of practice. following the landmark supreme court ruling of parking she V beavis, it's now established that parking charge notice issued on private land is enforceable by law.

Edited by dx100uk
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Thank you

Whe n you get 5 mins scan up the NTK to one multipage pdf please

 

You are resident in Scotland

The car park is in scotland

 

There is no such thing as trespass in scotland so they cant charge you anything and they dont know who was driving as the ntk is to the keeper and you dont have to name the driver as pofa (protection of freedom act) does not apply in Scotland

 

Ignore

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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Share on other sites

You dont need one

Read upload

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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Share on other sites

Convert it to pdf... then totally ignore it. They cannot touch you so long as you dont name the driver.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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DO NOT APPEAL UNDER ANY CIRCUMSTANCE.

 

they have no rights to demand money from anyone in Scotland unless they can show they knwo who the driver si and havent got those detaisl frok the DVLA. Well, they dotn know who was driving and did get the keeper details from the DVLA so they would be in trouble if the arms of the state had any desire to protect us from greedy lying gits.

 

No POFA in scotland or NI and no trespass in Scotland so they are stuffed. As for their recovery charges- unlawful as well but they add ut to make money frok theuninformed to pay for all of those who ignore them or hit them back.

 

As for the reasons as to why you were there, irelevant so forget about any mitigation , it is purely whether they ahve a contract with you and they dont as they are contacting the keeper of the vehicle, not the driver

Edited by honeybee13
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I have tried to upload but unsuccessful so far, thank you for you're advice.

 

These people also have the cheek to charge you to make the payment, £1.50 online by card, £2.50 for cheque and 2p minute over the phone!!

 

I have not contacted them and was wondering what reason DVLA would want in order to give my information to them??

 

Other than who is the owner of the car. The photo on the charge notice is not only the registration but of two people in the front of the car, which is not clear.

Thanks again ��

Edited by dx100uk
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the DVLA dont ask any questions, this is the problem.

 

as for pictures of people in cars, they dont know who anyone is so unless it is the owner of Highview's mother driving you about you are safe in that knowledge.

 

Keep calm and just file the paperwork away safely, they will be back in touch but they are not likely to be so stupid as to try a court claim in Scotland, that is for the likes of VCS/Excel, whose owner, Simon Renshaw-Smith is particularly arrogant and loves to think he is above the law.

Edited by honeybee13
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