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    • 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.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Brittania/BW Claimform - 3xPCNs - sth Esx college Lukers rd Southend ss11nd


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Hi there,

 

I’m hoping someone may be Able to point me in the right direction.

 

My son received 3 parking tickets last year from Brittania parking.

He has ignored all correspondence from them.

 

Today he has received a letter from bw legal which states they have been instructed by Britannia parking Ltd to commence legal action.

The total they are claiming us £575.37

I believe the car park is one which takes pics on way in and out.

 

The letter is giving me the options to :

 

agree he owes the debt

 

owes some of the debt but not all of it

 

doesn’t know whether he owes the debt

 

disutes the debt.

 

then it’s for income and expenditure forms with it.

 

I do do not believe he has just deliberately ignored the letters.

My son had a stroke last year (his 20) which has left him on a lot of medication and problems.

I am his appointee now for dwp as he isn’t able to manage.

 

I just wanted to know if anyway could give me some advice or point me in the right direction.

 

Many thanks for your time.

Edited by dx100uk
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That sounds like a PaP letter. Wait for more advice. Meanwhile have a read of the forums for more info. its easily sorted.

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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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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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concentrate on the one ticket they have issued the pap letter for only at present.

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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I am confused as I can’t work out if it’s a parking charge or parking charge notice.

 

It looks like brittania sent it to DRP to deal with. They state on the letter parking charge.

On the letter that’s come today it states pcn.

 

So I think it started with brittania then to DRP and now BW legal

 

Thank you once again.

 

- - - Updated - - -

 

They have also put all 3 tickets on the one letter from bw legal

 

Thanks

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doesn't matter...both are merely speculative invoices not PENALTY CHARGE NOTICES [which are fines and can only be issued by councils/police etc]

 

Britannia are the PPC

DR+ are a powerless DCA

BW legal are a letterhead for hire solicitor.

[everything came from the same printer anyway..]

 

so post 3 please

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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In the end you willingly find that he owed nothing- for a variety of reasons.

I am sorry to hear of his health problems but it is true that many opinions on these parking tickets is to ignore them as most times a few debt collecting letters are sent them the whole matter goes dead. I suppose that with three tickets they think that a Court case might get them some money coming in.

If you fill out the questionnaire on the above post that will help us to avoid any payment.

 

What would also help is if you could post up a copy of their NT K if they are all worded the same way as well as photos of the notices in the car park and where they are placed in the car park.

Please check with the local Council that they do have permission to erect signs and cameras there under Town and Country (advertising) regulations.

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Date of the infringement 13/9/17, 19/9/17,28/9/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Not sure this has been received.

 

3 Date received

 

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

 

5 Is there any photographic evidence of the event? Not been sent any

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

 

Have you had a response? [Y/N?] post it up No appeal

 

7 Who is the parking company? Brittania parking

 

8. Where exactly [carpark name and town] Southend college, Southend

For either option, does it say which appeals body they operate under. BPA

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

please check HERE

 

If you have received any other correspondence, please mention it here

Edited by dx100uk
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which one is the pap letter for ALLL three?

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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FWIW: the pap letter is for ALL the outstanding speculative invoices

so that will quickly take this above £600 if it gets to court

so you need to counter it properly

as sure as eggs is eggs

this will be escalated straight to HCEO's if you lose the court case. [iF one happens!!]

 

dx

  • Confused 1

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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If the HCEO DCBL you could have the CH5 cameras with them for Can't Pay, Looks like they are claiming for all 3 at once, so heed DX and get moving on this one PDQ.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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docs sorted in post 10

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 where was he supposed to have parked in a manner that is the cause of this action?

 

Knowing exactly where this was allows us to have a look at the site on google and also offer advice on the likelihood of Britannia having a valid contract with the landownr and be able to offer parking contracts to the public. For example, on a residential development it is rare for the parking co to ahve the correct authority and even rarer for them to get their signage right.

 

Now Southend College is still to vague if there are multiple car parks or if he parked in a place that wanst a car park

Edited by honeybee13
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Thank you for replying.

The college is called south Essex college as situated in Lukers road Southend ss11nd.

The car park is situated under the college. But access is from Elmer approach Southend.

 

Hope this is specific enough.

 

Thank you once again

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google earth Elmer approach Southend

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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Any signs on the entrance from the road for a start that indicate a restriction or some other condition of parking as a start.

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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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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We need to know what the signs say, what T & C's they appear to offer for parking and there are cameras do they look like ANPR or CCTV.

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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From what I can read on the sign on the left there isnt a contract offered at entry and the sign is an invitation to treat.

This menas that the terms offered by other signage elsewhere isnt binding as you can take it or leave it but the parking is allowed without acceptance of the further offer.

 

Common explanation of this is a shop has a sign outside saying 50% off most items so you go inside and look at a pair of trousers and ask the price to be told they are not included in the sale. The sign outside is an invitation to treat, it invites you to make further enquiries and then enter negotiations regarding the items of interest. it doesnt force the shopkeeper to sell you those trousers at 50% off nor does it force you to buy them just becuse you went into the shop to see what was on offer. the shopkeeper cant sue you for not buying the trousers or make demands that you pay for his heat and light and this is in effect what the parking co is doing.

 

As it appears to be a P&D the terms are those on the machine and only accepted when you put the money in .

Any sign around the car aprk that is different to the machine conditions are meaningless when it comes to offer and consideration

 

so my approach would be for your son to respond to the PAP letter and state that " there was no contract formed between myself and your client and in any case the signage at the entrance is merely an invitation to treat, not an offer of terms so nothing to accept. Any claim will be vigourously defended as being vex".

 

Now that might not make them drop the matter but it does create a paper trail and buys a bit of time to get some pictures of the signage at the site plus any paymant machinery taken and posted here plus time to look for any paperwork and post that up here as well so we can rubbish that if possible.

They will also know that their costs on pursuing this will rise and it wont be a walkover so hw might just get the result desired, ie they go back under their stone.

 

I have written the short response in a way that doesnt state who was driving, your son may have a lot more leverage on that if they havent got their paperwork right so no "I" or "we" or "they", use the third person impersonal , so "the driver" if you need to say anything about the events later

Edited by dx100uk
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