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hhh_88873

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hhh_88873 last won the day on September 2 2011

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  1. well I got my response from the adjudicators Office today . Appeal allowed, ticket and fees cancelled. Reasons given were the council had "reconsidered" the evidence I submitted and decided "in discretion" that it no longer wanted to enforce the pcn and therefore did not contest the appeal. So here's my question. If they could reach the right decision now, with no further evidence being submitted other than had already been given, why could they not reach that decision without me needing to take it further?
  2. Im a little fuzzy on that course of action, how would I go about that? Can I just pluck a figure from the air and tell them Im suing them for that much? I dont know how to go about challenging this and its a total nightmare since they are completely refusing to budge
  3. Ok so update to this, my final appeal to the council has been rejected and they have finally furnished me with tribunal forms. My letter being included with the forms reads as follows. Dear Sir, Please accept this letter as an outline of my case reference above. I apologise for not writing in the enclosed form but having a broken hand at the moment I am struggling to write for long periods. I accept I parked in the car park in question. I accept I over ran the period paid for. I accept I paid for an hour of parking and displayed the ticket correctly. My appeal is based on two points, one of which is covered under appeal section C, whereupon the council have incorrectly interpreted the initial appeal basis and therefore have not correctly responded to the original appeal and secondly based upon 'compelling reasons' of a very simple moral nature that have been proven, accepted and yet dismissed by Tameside Council, demonstrating a complete disregard to a 3 month old babies welfare, and that of a tax paying citizen in the Tameside Borough. The case is outlined as follows. On the 30th December 2015 I parked my company Land Rover in the Mill street car park in Mossley. I paid for an hours parking expiring at 1417 hours and attended an appointment with my 3 month old son to have his inoculation injections. This appointment was at 1315 and we attended on time, with the projected period of the appointment being between 15 and possibly 30 minuted, thus the hour of parking I paid for should have been more than ample to cover all reasonable eventualities. My son had his jabs and while preparing to leave he suffered an extreme reaction to the injections. This reaction was severe and required us to remain at the doctors surgery, with the possibility of needing an ambulance being discussed. I was instructed in no uncertain terms by the Doctor who examined my son to remain at the surgery so my son could be observed for safeties sake. We were forced to remain for my sons welfare and due to this extreme, impossible to predict and unforeseen medical emergency I was physically unable to return to the vehicle until we were permitted to leave the doctors surgery and returned to my vehicle just after 1430. We found that a mere 11 minutes after the ending of my paid time, a ticket had been issued on my vehicle. Obviously I appealed to the council, providing evidence of the appointment and the circumstances regarding my inability to return to the vehicle. Tameside Council have rejected the appeal on the basis that a scheduled appointment should be foreseen to run over for a number of circumstances. However in the rejection of this appeal Tameside council have asserted that I should have been able to foresee a delay caused by an entirely unforeseeable medical emergency. Herein lies the procedural impropriety, Tameside Council simply are ignoring the medical factor of this case and attempting to gain financially through an entirely unforeseeable event. I quote directly from the response from the council. "Such a decision needs to encompass the possibility that an appointment may be delayed postponed or over run for any number of reasons." This demonstrates that the council are treating the medical emergency as if it were an overrun appointment, which is contrary to the account I gave them to consider. The appointment did not overrun - something else in the form of an unforeseen medical emergency happened after the appointment. This not only shows a procedural impropriety in the councils response, it shows a deeply disturbing disregard to the welfare of a small baby wherein the council would prefer to gain the money from a ticket, than be reassured to the welfare of a defenseless 3 month old child. I ask openly, is this the actions of a caring responsible council, or rather a blatant money grab from a parent who was distressed and upset at the time already and quite frankly having an extra 20 pence on the car parking was the last item of concern on the immediate agenda. I believe this also shows a complete and utter failure on the part of the council to act 'reasonably'. By acting so they are ignoring the actual basis of my appeal and therefore acting improperly. I also ask that this case be considered under the outlined guidance of 'compelling reasons' where upon the council should act morally and consider a more lenient stance in a case where evidence has been shown and accepted and was genuinely out of my immediate control. I await any further response, Yours Sincerely,
  4. Well Im having to wait for their next letter now, they certainly dont seem to be inclined to furnish me with the paper work required to take it to the ombudsman do they
  5. I've managed to find an email for reviewing complaints with o2, I've messaged them, let's see what happens now
  6. First email I got was entitled "notice of rejection of challenge" Then I got the physical notice to owner to which I replied with the appeal paperwork they gave me. They rejected that appeal thusly - further to your returned notice to owner after careful consideration of the circumstances the council have found no grounds for the cancellation of the charge. The charge was correctly issued. Your vehicle was parked in a pay and display car park but was not displaying a valid ticket as the time had expired. Penalty charges are not issued the moment the parking time paid for runs out and your reasons are therefore not accepted as grounds for cancellation of the charge. When using a pay and display car park the motorist should determine the amount of time required. Such a decision needs to encompass the possibility that an appointment may be delayed postponed or over run for any number of reasons. While the council is not unsympathetic to your circumstances I regret that the delayed appointment and the explanation provided does not alter the fact that a contravention occurred. As a gesture of goodwill the council will allow you to make a reduced payment of £25 If paid within 14 days from the date of this letter. Should the council not receive the payment a notice of rejection will be sent to you at which point the full fee of £50 will be due. The notice of rejection explains how you can appeal to the independent adjudicator should you wish to take it further. So they're under the belief that it was a delayed appointment whereas in the appeal I explained quite clearly my son had a reaction and seizure which is a legitimate medical emergency and I was required to remain by the doctor. Seems to me that haven't made any attempt to actually read the appeal
  7. Well Im back in for 4 days tonight, then 4 off, then I have another 4 days of holiday while I attend a motorbike rally in belgium. Im going to be interested to see if I end up with the same deductions for these holidays or if the other situation was merely an oversight. Time will tell.
  8. Quick update to this, we had another visit from the Bailiff, again he was repelled easily enough ~(he really didnt seem interested tbh, think he knows this case is one where he has no leverage as Ive moved too fast too protect my families assets. Weve heard nothing from the CSA except another letter saying they are going to do a yearly assessment and still ahvent updated the records to show there are 3 children in our household now, they still are trying to assess me on 2 children despite my telling them. Utterly ludicrous.
  9. I recently got a ticket for overstaying by 11 minutes on a Tameside Council car park. I was parked, I did overstay, and thats not disputed by me at all. I initially parked at a doctors surgery, arrived in plenty of time for my (then 3 month) sons innoculation jabs. Paid for an hours parking which would have been ample for the purposes of this appointment. My son had the jabs and very swiftly had a bad reaction to them and the doctor told me he did not want us leaving the doctors surgery for another 30 minutes as he wanted to keep an eye and observations on my son for safeties sake. Due to not being medically allowed to leave until the doctor said so, I was legitimately 11 minutes late back to the car and had a ticket. I initially appealed via email explaining that due to completely unpredictable medical reasons I physicaly was not able to return to the car in time. This was rejected and I was told to wait for a notice to owner before I appealed again. I waited for this and in the meantime got an email from the doctor confirming there was no way I could have returned to the car on his explicit instructions. I also included the letter confirming my sons appointment and the parking stub proving I had paid for what usually would have been an ample amount of time. When the notice to owner arrived I again appealed with their form and included the evidence. The council again rejected it saying I should have foreseen the occurrence (this despite the doctor saying it could not reasonably have been foreseen) and put more time on the parking to start with. They did however offer to keep the ticket at the discounted 50% rate for another 14 days. At this point I was under the impression that they are meant to provide means to appeal to the independent ombudsman for parking disputes but they have failed to give me this information or paper work. I rang them and they said I had to wait again until they send out another notice to owner (which funnily enough means it would be after the discount period has expired) and then they will give me the form to appeal to the adjudicator. The information I have read though states that at this point they should already have given me this form and I feel I have a very strong moral case being their own website states legitimate medical reasons which stop you from returning are considered valid grounds for an appeal. Im now in the middle of the discount period wavering as to whether I should give in and pay the £25 or fight the moral battle which the doctors surgery have pledged their support and try to take it further?
  10. several years ago I left O2 as phone supplier because of their poor customer service and frankly insanely stingy data allowances. I reached the end of my second 2 year contract, and gave them 30 days notice I was intending to leave and go to 3 as a supplier for their unlimited data usage. I got an unlock code for my now paid for handset, received confirmation that I was leaving and while waiting for my new contract to kick in with 3, this is where it gets sticky. While waiting for my new contract to start, I contacted O2 and asked to have rolling 30 day tariff activated on my account so I didnt have a non functional phone while waiting for my new one. I also told them I would not be keeping my old number as I wanted to change and the code for releasing my number to the new network would not be needed after all, but the handset was unlocked and good to go. Several months down the line and I start getting debt notices form O2. They stated I was now tied into another 12 month sim contract and I owed them for the full year despite never actually using a single day of the new contract after the initial 30 day period ended. I have fought this out with O2 for nearly three years and they have refused to accept I did not ask for the contract or use it, despite my showing them with phone records that for the last 13 days of the initial 30 day rolling tariff that I did ask for, the phone and number was not in use and by that time I had received my new phone. O2 have passed the account onto robinson way who have tried their usual BS tactics and received a blunt summary response from me. I have tried more times than I recall to speak to a senior person at 02, they have accepted in a public forum on FB on their page that it didnt sound right what had happened to me but subsequently refused to budge. I have now been slapped with a default on my credit file that is doing untold damage and I have no idea how to deal with this since O2 just will not speak to me and I know for a fact I never asked for a new contract other than the 30 day rolling tariff that I did ask for. I want to attack the default and get it removed as I know it isnt right but I have no idea what to do. Can anyone point me in the right direction for issuing proceedings against O2 if thats possible? There must be something I can do.
  11. Problem is I haven't been there two years so if I do then turfing me for rocking the boat is gonna be simple enough for them
  12. My contract specifies 48 hours but doesn't mention a higher rate or anything else for the last two hours.
  13. I would agree except on my pay slip it's separated in 40 'single rate' Then actually written and specified 8 hours 'overtime' So I'm confused as to what exactly is going on
  14. It's not actually overtime. Our shifts are 4 12 hour shifts. The last two hours of which are paid at time and a half, I've no idea why. So when I took a regular slot off it just seemed off that they took the higher paid hours away. It's a big hit to take in a single week. My gut instinct is that it's a ploy to discourage the taking of more than a day or two of holiday at a time. And I couldn't get paternity as I started three weeks too late on the qualifying period for it.
  15. Ive recently been issued with a liability order from the CSA. The first I heard of it was when notice of the order dropped through my letter box a couple of months ago. I contacted the CSA and it turns out theyd written to my old address, then issued proceedings there, then apparently only 3 days after the order was granted they were 'notified' I didnt live there anymore and sent confirmation of the order to my new address. Now you'd have thought when they found I hadnt known about it they would cancel it and let me deal with the matter. Not so. They are pushing forward with it anyway. I wrote to the courts who issued the order in order to stat dec the order as I obviously had no idea only to be tols I couldnt do a stat dec on a child support liability order. The CSA then wanted all my payslips so I sent them 6 which showed my regular 40 hours a week salary. But because one of them was missing and there was a gap of 1 week of them all being consecutive (I couldnt find the one for that week, Theyve instead taken my annual wage and worked out a rate from there which is drastically higher due to my doing a frankly ridiculous amount of overtime for 3-4 months earlier in the year. Now instead of the calcualtion the CAB and myself have done of £31 a week which is what I should be paying and have offered they are now demanding over £2000 in back CSA without showing how theyve come up with that figure, it seems theyve plucked it out of the air, especially being as I was unemployed for quite a while during that period and are also demanding £74 a week in support! being I only earn £244 a week after tax on my regular 40 hours a week salary (with 8 hours showing on payslip as overtime) Theyve now canceled the hold that they put on the order and are now tring to send marstons after me. This isnt a great deal of worry since my car is in my one man company name that I do as a sideline and is a fully registered company so they cant touch that and our house is in my wifes name on the tenancy and its not an order that they can force entry on. It just seems spectacularly unfair that they can knowingly get this order when they know full well I didnt have any knowledge of it, but they suddenly had my right address for it right after the order was granted and apparently there is absolutely no recourse through the courts to defend myself and they are blatantly not showing me any information on where they are getting their figures etc from.
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