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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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Civil Enforcement Ltd PCN re overstay


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Hi, first post for a few years on here under a new user name so how I'm doing this right!

 

Husband received a PCN from CE Ltd. He met a friend for KFC, they got chatting, lots to catch up on and he overstayed by 18 mins.

 

He won't have paid any attention to any signage but he was genuinely a customer. Does he have any grounds to contest this as he was actually using the carpark as a customer or do we need to suck it up :/

 

Thanks in advance

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The experts will be on in the morning, and once they get their teeth into it I'm damn sure he will NOT have to pay!

 

As a first idea, is the car park just for KFC or is it part of a larger complex? Has he kept receipts and/or did he pay by card? 'Cos if it's just a KFC car park then his first step could be to get on to KFC and get them to cancel. It's only 18 minutes and presumably staying longer involved spending more money, something KFC should want!

 

That's just one way, the experts will ask for more details tomorrow and then shoot down CE's nonsense.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Thanks so much. Yes, I figured Sunday night isn't the busiest round here!

It's shared by KFC, Burger King and a Costa.

He paid by card. I've already said he needs to boycott the place if he can't get this waived. It surely can't be good for business. I appreciate it's to deter people parking there and walking in to town but I think if you're a paying customer it just isn't good business, in my book... :/

Thanks for replying :)

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OK, well that's a good start, he can prove he was a genuine customer. The regulars on this site have dealt with hundreds of these claims, and will know whether to get on to the local manager or the area manager or the CEO of KFC … see in the morning.

 

Demanding that KFC cancel is just ONE avenue however. Don't worry! The experts will ask you to post details of the PCN and then pick holes in it. The vast majority of the PPCs can't be bothered to follow the law. Their "business model" (if you can call it that) is just based on threatening motorists because most people sadly pay up.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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From browsing on here it seemed like CE seem quite hot on praying unpaid PCN's through the civil court and I know husband will not want to go through that at all. He's a lover not a fighter, bless him!

Thanks again. Will check back tomorrow and see what the pro's have to say about it all

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please complete this

so we have all the correct info to help you

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

 

and scan up the NTK if that's what you have from them

both side to ONE multipage pdf

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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DATES and TIMES please.

 

what was the date of the event. Indicate times as well

 

What is the date of issue on the NTK letter and when was it actually received.

 

after that we might be asking to see the signage at the site so tell us where exactly it was.

 

In the meanwhile do ask KFC to get this cancelled as a genuine customer and point out that CEL are dishonest and they should be cautious as to who they employ s this lot will just give them grief as people complain about their treatment by them on social media and it will all come back to their door.

 

Try the actual outlet first and then KFC headoffice as they are all franchises and it may be that the landowner is the next point of contact

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

 

please answer the following questions.

 

1 Date of the infringement 19/11/2018 19:49:15-21:37:35

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/11/2018

 

3 Date received 26/11/2018

 

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

 

5 Is there any photographic evidence of the event? None supplied

 

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

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

 

7 Who is the parking company? Civil Enforcement ltd

 

8. Where exactly [carpark name and town] KFC, Harlaxton Road, Grantham, ng31 7sa

 

For either option, does it say which appeals body they operate under. No

 

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

please check HERE

 

No other correspondence entered in to at this point

 

I am in town tomorrow daytime so am going to head over and have a look myself at signage etc.

 

Thanks

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Ok, whatever you do dont ever say who was driving at the time and dotn appeal to CEL until you have exhausted the other routes (ie KFC nad landowner). You are probably best not appealing to CEL anyway so dont worry about timescales.

 

gte some nice pictures of the entrance to the car aprk from the public highway (if car park inside a retail park then pictures of entrance to car park and of the entrance to the land from the road) Pictures of the signs and pictures of any payment meters etc so we are able to read all of the small print. Give an approximate size of the signs

Edited by honeybee13
Paras
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Was this a windscreen ticket?

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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So here's a pic of the signs placed around the carpark clearly stating the terms :/

 

I couldn't get a picture from the road as I was rushing to get to school but here's the street view from Google. The signpost to the left holds the second sign pictured with the post.

 

I forgot to take the ticket with me so have sent hubby off with it today to try and go and speak to the manager as I am tied up most of the day with appointments with our eldest son as I'm his full time carer.

 

Thanks for any further advice.

pix.pdf

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Really? Thanks so much. I was thinking if the husband doesn't have any joy with the manager we may just have to suck it up and pay it.

We're really close to the deadline, hubby's credit rating is really good and I know he won't want this to go against him.

It's just come at a stupidly busy time for me so I don't have the spare time to focus on this. He's currently half way through day one of three of exams he needs to pass for his job, in order to be able to operate :/

I really appreciate any help

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Pay up? Are you mad? they are crooks and nothing more. You need to read a few thread about them and also try and understand the law that surrounds parivate parking.

 

OK the signage is short and sweet, but isnt an offer of a contract.

 

The sign that refers to other non-existent terms has the wrong BPA logo on it and the one saying you pay £100 for breaching the terms doesnt indicate who the ATA is at all so neither fulfil the needs of the POFA and that should mean the DVLA have to refuse them access to the database but unforunately the DVLA doesn check anything and allows them free rein. An argument for later but at the moment you get on to KFC headquarters and popint out that CEL are abusing their position and that you hold the liable and will name them as co-respondents when you sue CEL for breach of the GDPR.

 

so get on to KFC pronto (forget local manager), you need the bosses to get on to their landlord with some reason to help you and being sued by you should focus their attention. Ignore CEL as the wording fo their NTK wont be POFA compliant but bear in mind they only make money by dishonesty and bullying so you must expect a long battle over this but you will ultimately win.

Edited by honeybee13
Paras
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pictures done

thread tidied

 

you'll need to get down there and take netter photos

we need all the signs where you parking

signs viable from driving toward the carpark whilst on the public highway

and clear photos of the small print too.

oh and no good using google streetview either

they could be out of date.

 

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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