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direct2000

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Posts posted by direct2000

  1. I know but it is better than nothing. For example, I use for work a commercial motor bike as a car parts delivery driver and my manager said that

    I cannot use loading bays because the bike is not a commercial car (lorry) and I have no trolley (white on blue symbol). As an alternative he suggested to use the shops/garages private parking places or to park on the pavement.

    I am sure that it is prohibited to drive and park on the pavement (unless it is allowed by signs) and I can use loading bays during the time shown because:

    All commercial deliveries and collections (including multi-drop and couriers) are included in the exemption. Reasonable time is allowed for the checking of paperwork too – however, as soon as the delivery has finished the vehicle must be moved. Loading includes the movement of goods to and from premises, checks on the goods delivered and paperwork. Loading and unloading by commercial vehicles is permitted in designated loading bays – normally for a maximum of 20 minutes. This bike, Honda CBF125 is still vehicle despite of lack of vehicle category in V5C Certificate. (Automotive Engineering) a road vehicle driven by a motor or engine, esp (electronic stability programme) an internal-combustion engine.

    How can I prove that the manager is wrong but I am right? I am on probation period now so do not have to discuss too much with him.

  2. http://parkitnyc.com/parking-nyc/nyc-parking-garages/commercial-vehicle-parking-nyc/

     

    WHAT IS A COMMERCIAL VEHICLE

     

    For the purposes of parking, standing and stopping, a commercial vehicle is defined as a vehicle that:

    - bears commercial plates

    - is permanently altered by having all seats and seat fittings (except the front seats) removed to create a large space for transporting or moving furniture, large boxes, or anything else that requires that much space. Vehicles that are designed with a passenger cab and a cargo area separated by a partition are not included in this rule, since the seating capacity within the cab is not considered in determining whether the vehicle is properly altered.

    - displays the registrant’s name and address on both sides of the vehicle, in characters at least three inches high, in a color contrasting with the color of the vehicle, and placed approximately midway vertically on doors or side panels.

    For the purposes other than parking, stopping and standing rules, a vehicle that meets the above criteria is considered a commercial vehicle.

     

    (Vehicles from other states or countries bearing commercial or equivalent registration plates from other states or countries are not considered trucks or commercial vehicles unless they meet the above criteria.)

    ========================

    Loading bays and loading areas

    http://www.devon.gov.uk/dft-sign-and-line-leaflet.pdf

    The bays may be reserved for use by goods vehicles (where indicated on signs) or may be used by all vehicles, e.g. outside shops where heavy purchases have to be carried to a car.

    However, these bays should not be used prior to making the purchase, but only for collection of pre-paid items when they are too large or heavy to carry to where the car is parked. Once loading is complete, the vehicle must leave the bay.

  3. All very well but you are still arguing a totally pointless argument it does not matter if you have 'goods' in your car or in a basket on the front of a pushbike it does still not make either a goods vehicle. The cases you are quoting are to deal with loading not the type of vehicle.

     

    Definition of goods vehicle (please see "your vehicle category is M, while a motor bike has no category" in your V5C Registration Certificate):

    Category N: Motor vehicles with at least four wheels designed and constructed for the carriage of goods.

     

    Category N1: Vehicles designed and constructed for the carriage of goods and having a maximum mass not exceeding 3,5 tonnes.

    Category N2: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes.

    Category N3: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 12 tonnes.

    http://www.dft.gov.uk/vca/vehicletype/definition-of-vehicle-categories.asp

  4. All very well but you are still arguing a totally pointless argument it does not matter if you have 'goods' in your car or in a basket on the front of a pushbike it does still not make either a goods vehicle. The cases you are quoting are to deal with loading not the type of vehicle.

     

    Definition of goods vehicle (please see "your vehicle category is possibly - M,[by the way motor bike has no category]" in your V5C Registration Certificate):

    Category N: Motor vehicles with at least four wheels designed and constructed for the carriage of goods.

     

    Category N1: Vehicles designed and constructed for the carriage of goods and having a maximum mass not exceeding 3,5 tonnes.

    Category N2: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes.

    Category N3: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 12 tonnes.

    http://www.dft.gov.uk/vca/vehicletype/definition-of-vehicle-categories.asp

  5. All very well but you are still arguing a totally pointless argument it does not matter if you have 'goods' in your car or in a basket on the front of a pushbike it does still not make either a goods vehicle. The cases you are quoting are to deal with loading not the type of vehicle.

     

    Definition of goods vehicle (please see "your vehicle category" in your V5C Registration Certificate):

    Category N: Motor vehicles with at least four wheels designed and constructed for the carriage of goods.

     

    Category N1: Vehicles designed and constructed for the carriage of goods and having a maximum mass not exceeding 3,5 tonnes.

    Category N2: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes.

    Category N3: Vehicles designed and constructed for the carriage of goods and having a maximum mass exceeding 12 tonnes.

    http://www.dft.gov.uk/vca/vehicletype/definition-of-vehicle-categories.asp

  6. HC5(T) form - Claim form for a refund of travel costs to receive NHS treatment

     

    http://www.nhs.uk/nhsengland/healthcosts/documents/2011/hc5(t).pdf

     

     

    PS:

    You should use the cheapest most appropriate means of transport, which in most cases will be public transport. If you travel by car you will be reimbursed the estimated cost of fuel used plus unavoidable car parking and toll charges.

    http://webarchive.nationalarchives.gov.uk/20130107105354/http://nhs.uk/NHSEngland/Healthcosts/Pages/Travelcosts.aspx

  7.  

    I have a few questions that would like to ask some of the more experienced people here:

     

    The tennancy was in joint names - do i need to file in joint names or just mine? I no longer have any contact with my partner. The deposit was paid by me and this was clearly stated in the agreement.

     

    Is this a simple case that can be done with a moneyclaim online? or would i be better off going into a court to do so?

     

    I will be out of the country for 3 weeks from end of Feb - should i wait until i get back? not sure of timings here.

     

    Any help with this or other advice would be very much appreciated.

     

    Ironica

    According the tenancy agreement the landlord can return the deposit to one tenant for both of them

    I had a joint tenancy, my wife vacated property 4 month before the end of tenancy

    I asked for deposit, The landlord paid money to my wife in secret of me

    I applied to small claim court and waited for 3 months for the hearing

    Finally, in 14 days the landlord paid me 3x deposit minus money he paid to my wife plus court fee I paid. He has no right for appeal. This case is very simple. Sorry for my bad English. The landlord do not have a right to deduct any money from deposit if you disagree- the one way for him exist - go to the court.

     

    You can apply for this question during 6 years after the agreement ended.

    You are British and must know this information.

     

    Good Luck....

    If you want I can give you some useful links

    Limitation Act 1980 (c. 58)

    Limitation Act 1980

    5 Time limit for actions founded on simple contract

    An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

     

    Mobile

  8. I am sorry. We are tenants. We have fixed term TA, which will end on 12/04/08. We signed TA both. My wife removed my 6-year-old daughter, took all family money, went to live to her friends. On 03/02/08 my wife gave 1 month notice to the landlord to leave the property (in the secret of me) where I and 2 my daughters continue to live. She prohibited me to see my little daughter.

    She refused to give me the original of Marriage Certificate becauce she affraid I will apply for divorce and a residence Order regarding my little daughter.

     

    Is the notice with one wifes signature valid?

     

    How can I legally take the original Marriage Certificate?

  9. Thank you for delay.

    I have understood completely.

     

    A notice to quit means 2 months notice given by the landlord or landlords.

    There is enough a signature just of one landlord of many.

    A notice to vacate is a 1 month notice (sometimes 2 month notice according the TA) sent by the all tenants (who signed the tenancy agreement) to LL.

    A notice to vacate does not allow a tenant to break a lease.

    I wante to hear this:

     

    ***Informing the landlord that you intend to vacate does not terminate the agreement. If only one party on the lease agrees to vacate, both parties are still responsible for all of the obligations on the lease.***

  10. What is difference between

    a notice to quit and a notice exercising a right to break?

     

    How about this?

    "Tenants can ALWAYS move whenever they want - they just remain responsible for ALL of the TERMS of the lease until it is legally terminated...both signatures need to be on the notice...she can move and she is responsible for rent, etc. UNTIL he moves out....AND you do not account for the security deposit until the unit is TOTALLY vacant.."

  11. Thanks. I did it on 13/03/07. The agency is not a member of ARLA.

     

    "Dear Sir or Madam,

    RE: Refund of holding deposit £250, 100 Arran Road, SE6 2NN

    I am writing to complain about bad services which I have received in your agency since 22/02/2007 and insist on a refund of the holding deposit.

    At first, you have broken the Terms and Conditions for holding deposits as you showed this property twice after I paid holding deposit. However, two agents promised me not to do it.

    Secondly, the Fee of Intent Letter for the holding deposit was not signed by me. The date written on was also wrong. Also Mr Kerim refused to state in writing why the landlord/agency decides to keep my holding deposit and constantly refused me to give his or his manager's surname, to let to speak to the manager or to make an appointment to the manager.

    In fact, we are looking 3 bed house in Bellingham area since October 2006, your agents showed me many houses and I always told them that I am not working, receive housing benefit and can pay 6 month rent in advance if necessary. Also my references were successful in two agencies in last two months. This house appeared on Internet since the middle of January 2007 (where it is and was not showed that the landlord does not accept Housing Benefit-copy enclosed) but was not available for viewing. During this period I asked the landlord many questions through the agency. The landlord promised to accept minimum of £1100 pcm and 6 months in advance because I was not working and my family receives housing benefits.

    Finally, if I do not receive an entire holding deposit £250 I will complain to the small claims court, ADR, trading standards agency and ombudsman for compensation for the actual financial loss.

    You must contact me within 7 days to avoid paying additional charges and legal fees.

    Please do not underestimate the seriousness of this matter. It is your best interest to pay in full.

    Yours faithfully,"

  12. Do you really consider that the property was taken off the market for me?

    In fact, there were not and was not any restrictions (for example-Housing Benefit) on many websites. Really the agent did not ask me exactly on that day 22/02/07 about it but I had told it to the agents in last 4 months.

    =======================================================

    22/02/07 at 11:58am I paid £250.00 Holding Deposit.

    22/02/07 at 16:15pm, second deposit was paid to the agency.

    24/02/07 I provided the agency all forms confirming our income, housing benefit and references in writing.

    01/03/07 Mr Tom Lee promised me if the landlord refused me or choose another tenant then Beaumont Residential Agency must return me an entire holding deposit.

    05/03/07 Mr Kerim phoned us to tell that the landlord did not accepted Housing Benefit and this house was again on the market. He also asked us to come to the office in order to collect the deposit.

     

    15/03/07 Mr Tom Lee refused to return my holding deposit and refused to confirm this decision in writing because "we did disclose the fact we were on benefits when asked."

  13. 22/02/07 at 11:30am I looked 3 bed house on 100 Arran Road, SE6 2NN. The agent Tom Lee promised that if I first pay Holding Deposit the house will be taken off the market.

    22/02/07 at 11:58am I paid £250.00 Holding Deposit as Fee of Intent (copy enclosed). The Agent,

    (probably- Mark Moran -07852162758) who signed this receipt instead of me, promised that if I first pay Holding Deposit the house will be reserved by me, they would take it off the market and would not show it to anyone else according to:

    “A holding deposit is paid to the landlord/agent to hold the property for you whilst you decide whether to take it or not. Exactly what has been agreed depends on the wording, but usually once you have paid a holding deposit the landlord/agency should not then show the property to other prospective tenants."

    24/02/07 I provided the agency all forms confirming our income, housing benefit and references.

    26/02/07 When I asked Mr Kerim why the house was showed to another people after I paid holding deposit and two agents promised not to show it, Mr Kerim said that it happened 15 minutes later and it is policy of the agency to collect as many as possible deposits and next the landlord will choose one of them. Also he refused me to give his or his manager's surname, to let to speak to the manager or to make an appointment to the manager. In fact, this house was showed to another family twice 22/02/07 at 11:45 and 16:00, second deposit was paid at 16:15. I have got the witnesses.

    01/03/07 Mr Tom Lee told that Steve is his brother who is the manager of Beaumont Residential Agency. Mr Tom Lee and his sister in the agency promised me if the landlord refused me or choose another tenant then Beaumont Residential Agency must return me an entire holding deposit

    according to: http://www.rightmove.co.uk/template/publicsite,help,guides,renting,SecurePlace.vm#holding

    “If the landlord pulls out of the deal, you should be able to get your deposit returned.

    Complications arise when one agency takes a deposit from you, while another agency takes a deposit from another interested tenant. In this case, the landlord has to choose, and that could be based on which tenant put down the higher deposit.”

    http://www.laborlawtalk.com/showthread.php?t=87028

    “If you give the landlord a holding deposit when you submit the rental application, but the landlord does not accept you as a tenant, the landlord must return your entire holding deposit to you”

    05/03/07 Mr Kerim phoned us to tell that the landlord did not accepted Housing Benefit and this house was again on the market. He also asked us to come to the office in order to collect the deposit.

    07/03/07 I told Mr Kerim to ask if the landlord accept 6 months rent and 6 month tenancy agreement he refused to ask by phone or email. Mr Kerim promised to speak to the manager and return me holding deposit on Friday 09/03/07.

    08/03/07 when I phoned Mr Tom Lee about housing deposit he refused to speak and directed to Mr Kerim.

    09/03/07 I phoned Mr Kerim who promised to send email to the landlord and ask if he would agree to sign the tenancy agreement in 6 months with 6 month rent in advance.

    13/03/07 I visited the agency, Mr Kerim told us he cannot return my housing deposit because the policy of the agency has nothing to do with people whom receive housing benefits and that we were guilty that we did not say that we receive housing benefit before bringing the deposit and our references were not successful. At the same time Mr Kerim suggested to transfer my holding deposit on another 5 bed house on Wellmeadow Road (‘Please be aware professionals only’). However, Mr Kerim told me that it would be a very different matter if at least Mr Tom Lee knew that we receive housing benefits. Next I asked Mr Kerim to hear carefully when my daughter phoned with a loudspeakers to Mr Tom Lee on his mobile. When my daughter asked the question, Mr Kerim also added that “ we are in the office and having this debate”. Mr Tom Lee said he knew nothing, When I asked Mr Kerim to explain me the procedure of complain he told me to write a letter to the manager. When I asked for the next step he said “he does not know”.

    In fact, usually the agencies except Beaumont Residential place an advert Restrictionson Internet (Housing Benefit, Smokers, Dogs, Cats, etc) and/ or ask this in conversation for a viewing appointment and collecting holding deposit to search the prospective tenants. (This agency never states that they do not accept DSS, a copy enclosed)

    However, the house on Arran Road will only be available since 21/03/07, therefore the landlord did not experience any losses yet. It was not my fault that the landlord rejected my deal, but was previously agreed to it.

     

    On the 14/03/07 I sent the letter “RE: Refund of holding deposit £250, 100 Arran Road, SE6 2NN”

    to the manager Beaumont Residential by Recorder Signed For (Ref: DH118070319GB) -“To be opened by addressee ONLY”. (www.royalmail.com/ “Your item with reference DH118070319GB was delivered from our CATFORD Delivery Office on 15/03/07”).

    On the 15/03/07 Mr Tom Lee phoned us, confirmed that he received my letter but refused to return

    my holding deposit and refused to confirm this decision in writing. He informed that Mr Mark Moran (Mob- 07852 162758) was the person who took my holding deposit and signed instead of me Fee of Intent on 22/02/07 and Mr Kerim Turkmen was responsible for my case.

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