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luke123456

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Everything posted by luke123456

  1. OK I see. So what is best, an adjournment after I receive what they are presenting or a personal hearing. thanks
  2. Yes it mentions if the hosue has been adapted then the household's band is reduced. But this is different for my borough...why? There is no mention about attendance allowance
  3. So do I write and say in connection with this PCN which I paid for over a year ago......I want my money back. On what basis?? Shall I show you a copy of this PCN?
  4. So shall I ring them and ask to change it to a personal hearing and not a postal decision? What sort of stuff may I be able to know how to attack...etc from being able to respond to the LA's case that they present to the adjudicator?
  5. I have told the adjudicator people that I want a postal decision. As I have said before I have been told that I will receive the council's case at least 3 days before the hearing which is on the 5th May. Should I ask to see the councils case earlier? But I have already submitted my case and paper work.... Thanks adamna
  6. This is the first stamp, so it is supposedly the first service on the car. I have already bought the car. The thing that makes me know something is dodgy is that the service was apparently done last year in September at 100 miles ago. So they said the car has been going round the dealership for the last 6 mths for a buyer. The car is great. Clean. Good spec everything. So i do not see why it was not bought. Also apparently there has been a lot fo interest recently after I palced the deposit and before I went to go buy it.......... However please see my post on the stocking plan finance. It is a lie. I know it, i have a very strong feeling.
  7. Guys I Have been told by the dealer who is selling an approved used car that the car has had the first service about 6mths ago, but another dealer from the same manufacturer have said that the car has not been serviced and its service would show up on the system once they enter the reg plate. I know the dealers are lying about the car being serviced. What can I do? Where do I stand? I want to tell them and then have them pay for the cost of the service now ( as it is due it now) and then also the cost of a new service book (£25!! lol) as the current is clearly faked with a stamp! How can I prove they are lying? Thanks peeps:)
  8. Hi guys, I am in need of your help, what is stocking plan finance? Is it advisable to buy a car on a 3 month stocking plan agreement. Apparently the finance is cleared once the payment for the vehicle has been received by the accounts dept, and HPi take a few days to catch up. Is this right guys? Thanks much appreciated
  9. OK thanks for that. How comes a few people have told me this is true as they are in these circumstances? What should I ask them... I am not disabled just enquiring aout something. Is there such a scheme for attendance allowance? cheers
  10. Hey I know that in households where there is a disabled person, the whole house is exempt from paying council tax. Is this the case if there is someone receiving Attendance Allowance? Thanks
  11. Hi guys, KENT PARKING SERVICES fined 2 of my mates just over a year ago for parking in private land, where a permit is required (NHS Land). The PCN is not that technical but states that photographical evidence was taken and the fine was something like £85 (So £85 X 2). They had 7 days to pay, they forgot and so rang up and the guy was like if I receive it tomoroow it is OK if not I will send baliffs round immediately bla bla. Having been on this forum I have come to relasie this can be a [problem]. I looked up their website last year at the time and it was a load of crappy, it was a shabby website looked so crap. I looked now and they have amde it look so professional. My mate paid for both fines with one cheque, and he asked for a receipt and it was not sent. He then asked again and it still was not sent and so they have no receipt to say they paid. What do you guys think? Cheers
  12. Hi Guys, Its been time now... Here's whats happening so far.... I sent in an appeal to the adjudicator and this is what part of it said; ''I feel the penalty exceeds the relevant amount because the local authority have unlawfully prejudiced the appeal and enforcement process. As such the relevant amount is zero. They have done this because they have issued a Notice of Rejection before I had even issued a response to the Notice to Owner and before the time limit had expired. This should not be allowed as I feel this has prejudiced the entire statutory appeals process, as they have circumvented the formal appeal.'' Sounds familiar eh?? lol. I opted for a postal decision. I then received a charge certificate from the council saying it has gone up to £180, which I was told on the phone was because I sent in the appeal to the adjuducator too SOOON. Also, that I should wait for the charge certificate to come AND THEN send the appeal to the adjudicator, which is wrong. Clearly. So I am ignoring this charge certificate for the mean time even though it is very threatening, about sending baliffs......But I was told by the people on the phone (the adjudicator people) to ignore it for the mean time. I have received a letter from them saying that they have booked it in for a date for my case to come into the list for decision. I have also been told that if I have any further evidence I should send this in before the 25th of this month. They say they do not contact witnesses and that I should provide a witness statement. I did already, it is a very short statement which is confirming from someone that they asked me to drop off some items nearby to the road I was fined. Should I send in anything else? Also, I have just realised that I did not write what pat davies said which is; ''Their notice of rejection is a response to your informal appeal that was lodged prior to the service of the NtO. They have not responded to a formal appeal arising from the NtO and thus have abrogated the entire timetable for enforcement.'' But Do you think the first paragraph I wrote above is clear enough. I also mentioned that in the following process; ''1) PCN issued. 2) Optional and non-statutory - Motorist makes informal representations. 3) Optional and non-statutory - LA respond to informal representations. 4) LA issue NTO (Statutory requirement). 5) Owner responds to LA on NTO. 6) LA responds to owner which may be a Notice of Rejection if denied (Statutory requirement). 7) Owner has statutory right of appeal to independent adjudicator. The LA have combined the processes in 3) and 6) but 5) has not happened.'' I mentioned that on the PA had put obervation time from 16;20 to 16;20. But I did not request a copy of the PA's notes. But it states that the adjudicator will consider the case on the basis of the info I sent in and the info which council sent in. Also, that they HAVE already sent a copy of my appeal to the council. Also, that I should receive from the council a copy of their evidence at least 3 days before the date set for the hearing. Guys do you think there is anything I should add? Believe me I dont want to pay them £180 now! Sorry for the extremely long post...thanks though!
  13. Hey thanks guys. Maybe I expalined it wrong. I was NOT given a refund and 2 free packs. I was simply offered a refund OR an exchange. I did not open the products. The manager showed no sign of caring, he said Ill give you a refund or exchange them. I asked is that the best you can do? He said what more do you want me to do???? In a very rude way. I shall surely be writing to Food Standards as someone has said. I dont think i am being unreasonable at all. He was very rude. Thanks guys
  14. Hi I need someones help please. About a week ago I went into an ASDA store and brought 2 packs of coffee. I went back home and relasied they were out of date, both of them.They had expired in June last year. So this was not a recent thing!! I returned to speak to the manager, who also relaised that the whole shelf had out of dtae coffee, and only about 2 or 3 were OK. So he said all he was going to do was offer me a refun and exchange the 2 I had brought for the 2 that were still OK. He said he would not do anything else. Surely this is not right! What should I do, write to the store, or the Food Standards people? Really appreciate your help. I have 28 days exchange policy but this is out of the matter now....... right? I really want to sort htis out, please guys. Thanks in advance
  15. Thanks You said ''The PA will get into a hot water if they make a false statement at any part of an appeal - if they get caught. Same as anyone else would. I'm not saying that they won't do this but if you catch them at it you can have good grounds for having the whole thing thrown out. '' Who/what will prove the PA was lying. If he says he was there for 15 mins and he says he was on his notes. Whislt I say he wasnt and the PCN says he wasnt, as you have seen it, then what will prove/who will prove that he is lying???
  16. That is not right at all.... So the PA can say he was there for 15 mins and write that down in his notebook, but he was just their for the time it took to issue the PCN.... Someone said there maybe other problems with the NNotice of Rejection letter....what such problems? What do you mean? I will be writing up a draft of this appeal soon as time is ticking and I havent got round to this yet thanks soo much guys
  17. Hi thanks very much Patdavies for your reply, I understnad you now....finally lol. One more thing tho. You said that as they have not responded to the NTO they have not stuck to the right process.... I was told to write in with a copy of the NTO (I still have the original with me) to say that I have not received a reply from my informal appeal yet. I said something like you havent made a decision on my appeal and you send me a NTO. You should make the decision first and cancel this NTO. Is that bad on me now???, as they may say that I asked them to cancel it?? And that is why they never answered the NTO. But i never sent a reply or made any mark on the NTO, the original is still with me at home. So what do you think in this respect? Thanks guys. I will start to think about what i will write on the appeal. Do you think I should appeal it? Tmorrow is my alst chance to pay the reduced amount.
  18. Thanks bernie, You said earlier; ''Failing that, and in any event, you tick the box "The penalty exceeds the relevant amount" because the LA have unlawfully prejudiced the appeal and enforcement process. As such the relevant amount is zero. They have done this because they have issued a "Notice of Rejection" before you have even issued a response to the Notice to Owner and before the time limit is up. This is simply not allowed and has prejudiced the entire statutory appeals process.'' But the NTO is dated the 10/01/08 and the notice of rejection is dated 09/02/08. So they have not issued the notice of rejection too soon, have they? 28 days ahd gone by........ I will try and get a statement from a friend who was with me in the car to back up my story but I cannot get any other proof, such as dleivery note or letter from the person living at hosue.....nothing but a lwtter from my friend, do you think that is enough?
  19. Guys, need your help I have been told I can send in another appeal to the council by the 1/03/08 or appeal to the adjudicator straght away. If I appeal to the council and loose, I will have to pay the full amount, or then appeal to adjudicator. If I do not appeal to the council again, I can appeal to the adjudicator directly or pay the reduced amount. So either way if I do not pay the redued amount now I will have to pay the full amount if I loose any other appeal. What do you guys think. I spoke to the council, the member of staff on the phone was very helpful, I explained to him that on the PCN it says the attendant was ther from 16.20 to 16.20 so could not have seen me not unload stuff to a nearby house. Also abotu the lenght in time,that it took them (from september 07 to Jan 08) to reply to my appeal. He spoke to someone 'in the back' who has an input on appeal decisions and could give me an idea of whether or not another appeal to them would be successful. They told him they wont speak to me, and that they do not feel that they would cancel it as the PA has pics of my car. I told him I am not denying stoppin on a singl;e yellow. He told me he would not be able to tell me what is written on the PA's notes, and wat is seen on the pics that the attendant took as they are with these people on the back. Thee guy said I should check up to see if there si such a law about how long they have to respond to my appeal. I cant find one......? He said they had a backlog,and that is why they took long, but he agreed with me thta it was noot good enough since we have a time limit to adhere to and even if we are dying in hospital they wouldnt care would they? So he said to look it up and suggested I appeal. So Guys I have to the end of this week to reply to this. Should I go to the council, it may look better if I go to adjudicator, right? Should I go to adjudicator now straight away? Either way I need to draft a good letter and guys I need your help witht that please. Also, I have no delivery note. What can I get? Can I get a statement from a witness? But can this be my friend?? What documentary evidence is best? Thanks guys appreciated very much.
  20. So what else specifically can I provide instead of a delivery note? Should I pay the £60 now? Or should I appeal to the adjudicator? Guys I really do need your help as time is goin quick and im not great with this stuff as you can tell, and I also dont wanna pay them a penny belive me! Thanks so much
  21. Hey thanks for that, You said; ''Can you produce evidence that you were loading/unloading? eg a witness statement from a friend that you were delivering/collecting something large and bulky for which a car was essential. The PA took no time to assess whether of not loading/unloading was taking place. So if this is true you have grounds for ticking the box "The contravention did not occur". I never mentioned that I was loading/unloading in my original appeal, becasue I only mentioned that there were no time plates. But, I can say that I never thought about that firstly... that would be ok?? Also, getting a statement from a friend, would they really accept that? I mean being my friends, it is not really very 'independent' is it? I can make up any stoy cant I....like carrying a box of small metal appliances and the main road is busy and there is no parking so I had to get to the shops from behind, or should I stick to a residential home? Also you said; Failing that, and in any event, you tick the box "The penalty exceeds the relevant amount" because the LA have unlawfully prejudiced the appeal and enforcement process. As such the relevant amount is zero. They have done this because they have issued a "Notice of Rejection" before you have even issued a response to the Notice to Owner and before the time limit is up. This is simply not allowed and has prejudiced the entire statutory appeals process. I was told to write in with a copy of the NTO to say that I have not received a reply from my appeal yet. I cant remember as im not at home now but I said something like you havent made a decision on my appeal and you send me a NTO. You should make the decision first and cancel the NTO. I will double check later. But would that have been bad on my side, as they may say that I asked them to cancel it. But i never sent a reply or made any mark on the NTO, the original is still with me at home. So what do you think in this respect? Sorry, but do you think there is any grounds to say that they received my appeal in september 07 then sent me an NTO in Jan 08, so have they broken any time limit? They give us a time limit of 14/28 days, surely there must be a time limit that they must abide too?? What do you mean by; ''They have circumvented the formal appeal to the LA'' The LA has said in the letter I have just scanned (above) that I must not appeal to them. Is that right? Thanks very mcuh bernie, much appreciated.
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