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tedd4

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About tedd4

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  1. I have an ongoing case whereby the London Borough of Hackney has rejected my appeal for contesting the fact that denied me from the single persons discount and as it was deemed therefore that I wasn't entitled to the benefits reduction associated with being on ESA at the time. The matter has been referred to my MP who effectively made Hackney look at my case as I had already appealed but they have now suggested that I go the Valuation Tribunal to make a further judgment. Details: I was a single person at the time at my primary residence, produced evidence that it met the legal criteria of what a primary residence is as well as utility bills that proved I was living there i.e. broadband bill, electricity bill and service charge from the management team of the apartment block. Despite this, the council also asked for home insurance bill though I hadn't taken any out pay slips when I had already informed them that I was not employed and a receipt of a furniture removal firm that delivered furniture when there was furniture in the property the incumbent resident was suppose to purchase. I have been denied the single persons discount, I have been denied the reduction that is my entitlement whilst being on ESA at the time and been made to pay a full charge for council tax. This is all based on one email I wrote to LBH when the sale of the flat looked definite. The decision to remove the single persons discount was made before this notification. The prospective buyer then pulled out and so I stayed until 19.11.19. I have stated my case over and over and London Borough of Hackney who chose to ignore the evidence I have produced, ignore the law in terms of what defines 'primary residence' and not provided me with any other argument or evidence to the contrary to support their decision. In other words, they did not at the time come and do a site inspection and have no evidence to the contrary that I wasn't living there. They reference the address I gave them which was my parents address as this was the best correspondence address to give at the time. LBH continued to charge me and deduct from my account the full amount beyond the sale of the property in November 2018 through to March 2019 and as it was via direct debit my bank refunded me those additional months. This was despite the completion of sale confirmation by my solicitor and the new owner/occupier informing the council of their ownership and payment of council tax. Other than going to the valuation tribunal, is there anything else that I can do to challenge LBH and get the refund for the 5 months in the form a single persons discount and the reduction afforded when on Employment Support Allowance. Thank you for your advice in advance.
  2. I will send a copy of the lodgers agreement, a table that lists all the monies owed and paid for, copies of the bills that were outstanding the other lodgers paid for. I’m also relying on the fact that pre-court proceedings were not followed, that I had a different address which I will prove from a letter I received from the Department of Work and Pensions and that the name the claim is against only approximates to mine. The claim was therefore incorrectly addressed to an unknown name. The claimant also has failed to provide a breakdown of how these figures have been reached. It’s ludicrous to state that I owe him over £2300 when the monthly rent was £700 and he stayed for 6 months and had a £1000 deposit. Even if you disregard the outstanding bills / damages due he is claiming he overpaid by 50% I.e. effectively his rent, after refunding him his deposit, was £150 per month. This doesn’t fit with current London rental rates. I hope this will demonstrate the absurdity of this claim.
  3. He most definitely will not do that as it's his revenge for being given notice to leave.
  4. Thank you. So other than applying to set outside and relaying the information above is there anything I need to include in my statement that would ensure the judge agrees to set this CCJ aside?
  5. I have since contacted the former tenant and he is no longer in the country and isn't going to cancel the CCJ nor is he going to try to challenge my attempt at setting this judgement aside or enforce the judgement. It has however effected my credit score and I need to address this before I can apply for a mortgage. Can you please advise? Thanking you in advance.
  6. I am not sure but there was a dispute between myself and the tenant about bills and I withheld monies from his deposit. I didn’t receive any communication like a LBCA.
  7. Dear CAG I’m desperately trying to improve my credit rating and therefore checked on noodle.co.uk what my score was and found that there was a CCJ I had no idea about. The name listed is close to mine but both the first and surname are mis-spelt. The claimant was a tenant but I know nothing else of the claim. I have tried to contact him but there’s been response. How do I get this off my record? Thank you.
  8. Thank you for giving me your opinion on the matter and satisfying my doubts as to whether the GMC behaved lawfully. I wasn’t told about a judiciial review no. I agree that patient safety is tantamount and surpases my right to work. It’s the fact that it’s not necessary to know about the implications on my employment until after being shortlisted. Once again, thanks. Regards
  9. I suffered a hate crime which was played out as harassment for a month which left me sleep deprived and depressed such that I had extreme anxiety that became paranoia. I was aware of my dysfunctional state and took myself to the hospital 3 x wherecat the final visit I was labelled as psychotic. I made the GMC aware despite the fact I wasn’t working before during or after this harassment. The GMC went into overdrive and ignored key facts of the triggering event, my awareness, and not working, and held a tribunal 6 months later from which date these conditions were put in place. Ordinarily they are enforced for 12-18mths from the time of the event but that wasn’t taken into account. The outcome of the hearing was to make it publicly known that I had mental health issues and as such had conditions defined that would need to be arranged if I were to be employed in the capacity as a dr. It was in a way to monitor my behaviour and have somebody aware of what had happened and spot early signs of a relapse. The major problem was that I was to declare my medical history to a prospective employer BEFORE the short-listing process, and have a GMC Psychiatrist approve of the medical job chosen to apply for first. The prospects of an employer taken on a person with a history of mental health issues, returning to work part-time and needing to put in place more than 4 pages of listed measures obviously made me effectively unemployable. Can’t prove there are any prejudices at play here. I really don’t know where to turn at this moment as having paid a barrister to represent me at that employment tribunal the issues I was most concerned about weren’t addressed namely early disclosure and undertaking period. The outcome of being subjected to an 18 month that effectively was 24 month period of ‘undertakings’ has meant I have no career left, no money, debts, poor self-esteem at the age of 50. Has the’GMC acted lawfully?
  10. The reason being is because the same people have come back without even as much as a disguise and continue to operate in a rogueish and bullish manner making money just within the law but illegitimate processes. There are condemning reviews as recent as a month ago posted by Google, e.g. ‘This company is a fraud I am ready to take legal action against them because I parked for 2minutes to drop a customer off and they gave me a ticket they preferred that I drop the customer on the main road. I didn't even park my car lights where on I was just putting a route into my phone for my new disternation and they have fine me for that. Fraud Fruad people like this can not find a really job so they have to make other people life hell. Go make proper money not seating a office stealing money of people you cheap skates.’ I have written to my M.P. about the circumstances particular to my case which is pertinent today as it was 4years ago. The law has failed all the people who were owed money by this man and its failing more people now and will do on the future. It’s not taking up too much of my time or any money but it’s unfinished business. It’s criminal what they are doing and I wrote in the hope there maybe something you could have added to assist in bringing them to account or stopping their persistent abuse of the law for their own gains. Apologies if I have wasted your time.
  11. The Sherrif went to the operational office and didn’t find anything of value to take and the items that were there are regarded as essential objects for their operations and so couldn’t be taken. A look at their Annual Return showed nonsense filing as their sums didn’t add up but an attempt to obtain and order for information wasn’t served because the company’s registered address had the Directors grandmother living there. They also changed the director to one based in Scotland to make serving the notice more difficult. Eventually, despite putting in objections to be struck off CH dissolved the company blatantly ignoring the facts about this company’s rogue behaviour, disregard for the law, 62 judgements against them that they didn’t honour. In conclusion, the law isn’t on your side.
  12. Whilst I do appreciate the time you have spent giving me your opinion, you did tell me that I should post the question in relation to the legality within the realms of the contract. Having done what you recommended I am made to feel like I am repeating the same question to you when I did what you had said. If then when I do as instructed I am asked to keep my replies in the same place, can you not see that following your advice didn’t provide me with assistance, put me at the receiving end of your frustration with there being ‘no point on repeating myself’. I haven’t criticised your abilities but rather your tone of redress - that was disrespectful.
  13. I posted it on General Legsl Issues but somebody transferred over to this thread. It does say they were merged so your finger wagging tone is misplaced. Perhaps you could vent your frustration to whoever put it here and leave it with someone who deals with contracts which is what the end of the post asks questions in relation to.
  14. I received a PCN from the London borough of Hackney I was driving a car club operated by Zipcar which is owned by Avis car UK. I received an email from Zipcar some 2 weeks later saying that the car had a PCN from the London borough of Hackney whilst in my possession. This particular car club scheme was called Flex and allows you to park in any parking bay within the signed up participating borough. If it’s part of the other scheme,Roundtrip, the Zipcar standard scheme this has dedicated bays and these are the only authorised bays for parking then you are liable for any fine you receive. The issue is that the car is registered to Avis and they receive the notice from the council directly until Zipcar transfer by email the violation notice. As such Zipcar denied the driver any option of paying the fine within the early eriod where the fine is at its lowest level, or appealing unless they transfer the violation which seems to be ad hoc. There is also a question as to the validity of the violation transfer. After objecting to Zipcar about this in the past this they now gave up to 5 working days before they paid for the PCN and charging it to my account. This time I wrote back on the day they informed me of the violation, they responded and said in their judgement I did park in an unauthorised bay which is not the evidence I have, and asked in an email at 9.20am for me to set out the appeal with the evidence by 2pm or they would pay the PCN. Of course, I work and I didnt see the email until later that afternoon. However, in this case, by making a payment (and charging an operating fee of £15) the chance to appeal is lost though I have had emails suggesting a retrospective appeal is made for a refund. I did in this case and the council wrote back to say its been paid therefore the matter is closed. My understanding is this is a matter of contractual terms and this is what they say bearing in mind I became a member in 2012 and these were updated in 2017, and I cannot recall seeing these amendments in an email or letter sent to me in the interim period: Traffic Violations 11.1 You are responsible for any traffic violations incurred during your reservation or as a result of your use of a Zipcar vehicle. These include, but are not limited to parking, speeding, red light, photo enforcement, and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Member's responsibility to pay the relevant authorities directly. Zipcar may impose a fee in connection with processing any such violations. See our Additional Charges Schedule. You must report such violations to a Zipcar representative as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). 11.2 You must notify Zipcar of any traffic violation notices found on a vehicle at the time of pickup of the vehicle. All unreported traffic violations will be the responsibility of a Member if they occur during the time period during which such Member is using or is responsible for the Zipcar vehicle. 11.3 At the end of your use of a Zipcar vehicle and/or reservation, you must not leave a vehicle in a zone which has parking restrictions or which is not within the Designated Parking Zone or a Zipcar Roundtrip vehicle anywhere which is not its Dedicated Parking Space. If you leave the vehicle in such a restricted zone, you must immediately notify Zipcar, and you will be responsible for any and all violation notices, parking charges or towing charges incurred by Zipcar. 11.4 Where a violation, incurred during the Member's reservation period or after it as a result of failure to adhere to parking regulations, is sent directly to Zipcar, Zipcar will either pay the penalty/fee on behalf of the Member and then add the penalty/fee to the Member's account or Zipcar may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee notice to the Member and the Member will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Zipcar will always inform a Member which one of these two courses of action it has taken, and will endeavour to provide notice to Members before it pays any penalties/fees attributable to them. Once paid by Zipcar, it may not be possible for the Member to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Zipcar and will be at Zipcar's absolute discretion. In the case of speeding notices or traffic violations, Zipcar is obliged by law to pass on the offending Member's details to the police who will then contact the Member directly. This is the email trail regarding the ticket: Email 1 : Mr X (Zipcar UK) Jun 8, 14:37 BST Hi T, We recently received a PARKING violation. We checked out the violation notice, and it was the result of your recent trip with ****** on Mar 20, 2018, 2:25 PM GMT - Mar 20, 2018, 2:53 PM GMT. (ticket number QZ* ). After receiving this notice, we paid the violation on your behalf, to ensure that our vehicle was free of any obligations and ready to be reserved by our fellow members. Because of the violation and the associated processing fee, please note that we have added a pending charge of £ 145.00 to your account invoice. If you have already paid for this violation prior to our correspondence, please send your proof of payment to ukviolations@zipcar.co.uk and we will gladly remove the fee. If you would like a quick review on our violation policy, please visit: members.zipcar.co.uk/help Thank you for being a part of the Zipcar community; we're grateful for your support in delivering a great service. Regards, Zipcar Member Services Zipcar Zipcar Member Services Email 2; Ms D (Zipcar UK) Jun 8, 09:36 BST Dear Tedd44, Thank you for your prompt response regarding Penalty Charge Notice QZ* issued to XXXXX. Please be advised that you parked Zipcar Flex "paling in a Housing Estate when it is not permitted according to the Flex Parking Rules, therefore you have no valid grounds to appeal the fine and the appeal will most likely be rejected. Nonetheless, if you still want to appeal it must be done through us, otherwise your appeal will not be taken into consideration. Therefore, you must send us your appeal by 2pm today so we can forward it to the issuing authority on your behalf. If we do not receive it by then we will pay the fine and will apply the associated cost to your account. Furthermore, we always prefer to transfer liability so you can either appeal the notice or pay it directly to the issuing authority, but it is ultimately up to the issuing body's wishes how we proceed. Unfortunately, on this occasion it was simply not possible to transfer liability of this ticket to yourself hence why we must process it internally. We look forward for your response as soon as possible. Kind Regards, Zipcar Operations Support Zipcar Zipcar Member Services Email 3; Tedd4 Jun 7, 14:38 BST Dear D Thank you for your email but I do have the right to appeal. As you said, Zipcar isn’t responsible for issuing the fines and therefore cannot be in a position to deny me the opportunity to appeal. This has happened in the past and I had to retrospectively appeal and it took 12 months to get a refund once successful. I believe the circumstances under which the fine was given was unfair and I will appeal. I am not authorising you to withdraw my funds for something that is not your responsibility for when ultimately you can transfer the liability to me. Kind regards T On 7 Jun 2018, at 14:13, Zipcar UK wrote: Email 4: D (Zipcar UK) Jun 7, 14:13 BST Dear T, Thank you for getting in touch regarding Penalty Charge Notice QZ* issued to XXXX. Please note that this fine has been issued as a result of Zipcar Flex "Paling" being left parked in a Housing Estate, Banister Housing Estate to be precise. Unfortunately Flex vehicles are bot permitted to be left parked in Housing Estates under any circumstances, this is stated in the prohibited parking places, please see here: Where you can't park. Because the vehicle was left parked in contravention at the end of your booking and not according to the Flex Parking rules, we cannot successfully appeal this PCN and it has been correctly attributed to your account. I’m afraid we will therefore need to pay and apply the associated charge. I understand that this is a frustrating situation, but we need you to remember that PCNs are not issued by Zipcar, but by the local authority. We try to accommodate our members as best we can, but we, as a company need to recover the costs of these fines from the members responsible. Kind Regards, Zipcar Operations Support zipcar Zipcar Member Services Email 5: T Jun 5, 13:57 BST Dear Zipcar This penalty fine was incorrectly issued and I shall be appealing the fine. Please do not process payment and I will handle the ticket today. Kindest regards Tedd44 Sent from my iPhone On 5 Jun 2018, at 11:47, Zipcar UK wrote: Email 6: S (Zipcar UK) Jun 5, 11:47 BST Dear T, We have received a Penalty Charge Notice QZ**** on XXXX. Unfortunately, having consulted our records I am sorry to inform you that responsibility has been attributed to your account. The charge was issued after your booking for PARKING in Banister House Estate on March 20, 2018 15:59. Your trip ran from Mar 20, 2018, 2:25 PM GMT - Mar 20, 2018, 2:53 PM GMT. We will pay the £ 130.00 charge in two days and will add this and a £15.00 processing charge to your bill then. The processing charge covers the cost to us of dealing with the large volume of notices that we receive. If you feel this Notice was issued incorrectly and would like to appeal it, please contact us by responding to this email within this 2 day window. If we do not hear from you the PCN will be paid and settled by Zipcar and the associated charge applied to your account in 2 days time. So if you are satisfied that the PCN has been issued correctly no further action is required by you. If you have any queries please do not hesitate to contact us. Regards, Zipcar Member Services Given that this was not paid with my authorisation, that there has been 2 different penalty fines quoted, that the time given to appeal is too short and that the date of the ticket being issued was 20 March 2018 at 15:59, and I was made aware of the PCN 5 June (and again 8 June) therefore missing the opportunity to pay the lesser of the fine, isn't Zipcar in breach of their terms and from the omission of giving timelines still liable for the fines and therefore unlawfully operating in a manner leaving the member for inappropriate liability and at a disadvantage in terms of processing violations. Infuriating that they have the nerve to charge a £15 handling fee. When I have won the appeal, they don't refund the £15 handling fee.
  15. Can you please expand on why you say the transfer of violation of liability from Zipcar to the driver/member onto a member isn’t in fact correct in terms of their process? Thank you
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