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Found 11 results

  1. A Builder I paid to do work, did only 70% of the work and more or less abandoned the job for a much bigger project. I had to engage somebody else to finish it. I wrote and threatened legal action, he laughed in my face. I sued in the County Court for £6,500 and won by default because he did not even bother to send in a defence, instead he sent me a check for £1000 two days before the deadline for his reply to the case, asking me to withdraw the case that he will endeavour to pay the balance because he is strapped for cash right now. He then applied for the judgment to be set aside with an N244 application, He lost his N244 application, it was dismissed. He has now appealed that court judgment. In his application he also asked for the court to stay execution of the £6500 judgment I won, pending permission to appeal and subsequent appeal. His reason is that he does not have money and will suffer hardship. I received his notice of appeal by email. (which is ok by me, I have not been served by the court, though or any date given for the case to be heard on this appeal) When I saw he applied for stay of execution of judgment, I drafted a witness statement opposing the stay of execution, I listed his assets, which includes, 2 rental homes, an investment farm, he rents out to a tenant farmer. A small part-ownership of a taxi business (I knew about the assets because he is boastful and boasted about his wealth) I searched land registry and the houses and farm are all his. I sent off the witness statement opposing his application for a stay, by e-filing to the court. Now, the court has written me, asking me to file a respondent notice (N162). (I am a litigant in person) He has a firm of solicitors representing him. I agree with the decision of the judge. I am not appealing the judgment I won. I just sent in the witness statement to show he is lying about his assets and should not get the judgment stayed pending permission to appeal or subsequent appeal. I have tried to fill out the form, but I'm stomped because I don't know if its because of the witness statement I sent in or if its how I am to present my side in the appeal. His lawyers did not file any skeleton argument with their N161, their reason was that they were awaiting further instructions from client. Its over 3weeks now, I still have not seen any other paper work from them. Sorry for the long first post. My question is - Why do I need to file an N162(respondent Notice), I agree with the decision of the judge, I am not appealing the decision in any way. I just want to oppose his application for stay of execution pending permission to appeal or appeal itself.
  2. Hi, I spent a few days in Manchester last months and parked at SIP Gunn Street. Unfortunately I parked slightly over the line of the bay (there was a pillar on the other side, I am only slightly over the line looking at the pictures -from what I recal I was only on the line but their photos show otherwise). I received a PCN on the windscreen and appealed it on their website (from reading posts on the forum I now understand that I should have ignored it) My appeal and their response is below - is there anything else I can defend? Not sure if it means anything but I did notice from their photo the the ticket I got from the machine has the wrong number plate on (I must have mistyped) and so does not match the number plate on the PCN I thought maybe there could be some technicality there? I really don't want to have to give them £100 right now :/ ironically the ticket was issued on my birthday too! they say I have 7 days to respond You completed the appeal on 10/06/2017 14:52:14. I am appealing this charge notice on the basis that the claimed amount is disproportionate to any potential loss of earnings for SIP, that the rationality for the implementation of the charge is unfair and that the signage could be considered to be ambiguous. On a personal note I feel that SIP have applied this charge in a cynical ploy to extort funds from me over and above that of the value of my the "purchase" from them. 1) the cost of my stay was £8.20 - I did not overstay in the carpark, I did not prevent anyone else from using other spaces in the car park. In issuing this notice of £100 (with various discount incentives to pay them immediately) SIP are suggesting that £100 is fair retribution. To reiterate the manor in which I parked did not prevent any other potential customer from using surrounding spaces, if this was the case I still feel that £100 is disproportionate but could in some respect understand the reasoning behind it. From my point of view the charge has been issued without a valid reason. 2)SIP issued this charge on the basis that I was "Not in Marked Bay". To clarify I parked in a space which had a large concrete pillar to the left of the space. Naturally I parked slightly to the right in order to minimise the risk of impacting the pillar with the left side of the vehicle and to allow my partner to exit the vehicle more easily. My vehicle was not parked extremely to the right and did not intrude into the next parking bar, my right wheel did rest slightly upon the surface of the line but at no point exceeded the outer confines of the bay. 3) the signage states (in very small writing considering that it can be reasonably assumed that the sign would be viewed from within the vehicle possibly whilst in transit) "if the car park or road has marked parking bays then you must park fully within the confines of the marked bay". To return to my previous point at no point did my vehicle exceed the outer confines of the bay. 4) To clarify I feel that the manor in which the notice was issued was dishonest and cynical. I have caused no loss of earnings yet SIP are attempting to effectively increase the cost of my stay tenfold. This is not treating customers fairly and goes beyond the presumed contract of purchase. I'd also note that when I returned to my vehicle I was greeted by people sleeping in the stairwell and the stairwell itself had been used as a bathroom (and I do not mean a urinal). Although this could be considered incidental I'd stress that SIP are attempting to extract an unfair amount based on incidental circumstances. I could argue that SIP did not provide secure (and indeed sanitary) storage for my vehicle. I also do not feel that they gave due attention to my appeal - they offered no explanation other than restating that my vehicle was "not in Marked bay". I do not feel that they addressed any of my concerns or arguments. I also asked that they provide evidence (copies of their photographs) for my review, I have not received this (I was hoping to submit with my appeal but was informed by SIP that I only have 15 days to challenge their assessment of the situation. Again I feel that this is an unfair, cynical ploy. ============================== The operator made their Prima Facie Case on 12/06/2017 12:07:33. The Operator Reported That... The appellant was the driver. A manual ticket was placed on the vehicle. The ticket was issued on 16/05/2017. The charge is based in Contract. The Operator Made The Following Comments... The terms on the signage are explicitly clear that a vehicle in addition to having a valid parking session must also "park fully within the confines of a marked bay" by failing to adhere to the above terms the driver agrees to pay a parking charge of £100.00. As can be seen from the photographs the vehicle was not parked in the confines of a bay thus the PCN was issued in line with the contractual signage. I will address the other points raised by the appellant; 1) The amount is a contractual amount ergo loss is irrelevant 2) The vehicle is clearly not in a marked bay, and as can be seen there is sufficient room for the vehicle in question to have parked correctly and still been not even close to the pillar; 3) The signs are designed to be easily noticed (bright yellow) to then advise a person once they have parked and exited their vehicle that they can read the content of the contractual terms. It is not expected nor advised to do so while the driver is in the vehicle especially whilst moving. 4) The appellants belief on the fairness is irrelevant as the information was provided and agreed to upon the driver leaving the vehicle, further no dishonesty was involved in this matter everything has been very transparent.
  3. Hi all. I recently asked my doctor to be referred to a specialist who deals specifically in concussions (I have experienced my second concussion in 6 months) and he kindly filled out something called an IPFR, which I had to Google to find out means Individual Patient Funding Request. I am not sure how many of these are turned down but I would like a little advice on how to appeal, and what information to include, should this request be turned down? Thank you all in advance. B
  4. Hi all, Looking for some advice regarding a parking charge received in an NCP car park for having an expired ticket. I park there every weekday for work, I pay for 2 hours as I'm in the office usually for about an hour before heading out again, but on this day I was delayed leaving and returned 20 minutes after it had expired to find one of their lovely bogus charges. I received the ticket stuck to my windscreen, with the time of year and seemingly countless work and personal life issues I didn't get round to writing an appeal. The Notice to Keeper arrived in due course and I haven't responded to that either, most recently I received a Keeper Liability Notice stating that it is now too late to appeal and they will pass the matter to a debt collection agency who may take me to court if I don't pay up. Now I'm not worried about their scare tactics, but I've reached the point where I have room in my brain's limited attention span to deal with this What would be the best course of action at this point? I understand that I was at fault but they're asking for £100 which is ludicrous, and I know they cannot charge more than the amount of lost revenue for the car park owner. Should I write to them offering payment equivalent to 1 hour's parking to cover the lost revenue? Thanks in advance, Nick
  5. Received a rather unfortunate parking fine from UKPC after parking outside sports direct at a retail park in Aylesbury (I don't even live there hence why I didn't know about the pay and display rules). Walked up to car after a quick 20 minute visit, to find a ticket and the warden standing there I asked him why I had one. Not knowing about the need to have a ticket I tried to explain my innocence but he couldn't do anything. I read the sign after (my fault I know but I just didn't think I'd need a ticket) and it said parking free for two hours. I was there 20 mins and made a genuine mistake not knowing the car park rules. I appealed, and had an email saying if you don't hear back in 35 days to ring the number provided. It got to 35 days and no response. I rang them several times with no answer. I then received a letter today from debt collectors demanding £150! Original fine was 100 or 50 if I paid before 28 days. I rang the debt collectors and stated I had not received a response to my appeal, to which they said a letter was sent out on 2 Nov 15 - which is 5 days after my appeal. I have never received the letter. If I did I would've reacted there and then. They have said pay up or it goes to court effectively. Now I feel I am being harassed without my appeal being dealt with properly. I've heard the BPA or POPLA can assist? But as it stands I can see it only escalating and my mitigation does not seem to have been looked at fairly in my opinion. Has anybody got any advice? I am being fined for making a genuine mistake but the fact the parking was free for two hours and I was there for 20 mins seems extremely unfair if I can only have a common sense approach applied plus the fact my appeal rejection was never received by me must stand some ground?
  6. Help desperatly needed, sorry this will be a long one. and I cant put in specific details. Hubby has a disability dx 5 years ago that is covered by the equality act, he has been employed by same company for 18 years, no more time off than any other employee and less than some! He was doing his job perfectly ok and the only adaption he has was that he worked a fixed shift, and the other 2 guys sorted out the other shifts between what they preferred. Earlier in the year the company literally decided they didn't want him to go to the new plant that was due to open and set about fabricating stuff to get rid of him. We know why they did this, they looked at him not doing overtime and assumed he would not manage longer hours but no one actually asked him. There is a huge difference with taking out rest time at weekends for overtime as it is to do extra hours and have more days off, infact the new shift system would be better for him! The first he knew of this was a letter into this consultant whom they had never contacted previously and would only take the word of their own company doctor. Hubby was contacted by consultant with his answers before sending them into the company, He asked to be sent the questions that had been asked and found it very carefully worded for the company to get the answers they required but what they were stating was not the truth either about him or the actual job. As this delayed geting the letter sent back from the consultant, OH was sent to site to " have a chat about this letter to consultant" onsite she did an assesment that was nothing to do with his job role and as not even onsite and took him off the job and was given a different job, then they went through managing employees with ongoing sickness procedures, Was sent to the company doctor with even more lies about the job role conclusion was that he was unable to do the job with a huge emphasis on not being able to climb all the ladders ( which is not required for the job ! ) He was dismissed on grounds capability to do his job, There was a huge emphasis in that meeting on him not being able to do the hours and they couldn't make any changes to the hours, even though he had never asked for any changes. He was told to apply for ill health pension he queried applying for pension as he was appealing the decision, told to apply. Then had the appeal hearing so the IHP is now on hold untill after the hearing, and the company are now saying the decision is undecided so they wanted to contact the company doctor and his consultant again with questions he complied as he said they first ones were engineered. The company have now delayed this for so long He agrees questions they then e mail back and change something else. Mainly slotting in the adjustment that they refused at the final stage meeting which they have no right to do so its all highlighted and sent back and then they return it with another change. I have 27 printed a4 pages just of the e mail communication about the questions, and its now not his questions being asked at all as they have changed them and the bigest blow is the letter to the consultant is almost exactly the same as the first one. They can now no longer do anything before his leaving date and have now found out that the pittance of a ILP will now be reduced as he will no longer be in employment with the company when he applies after the hearing can any one help with any advice He is supposed to be seeing the company doctor again next week and I am not very happy with that and think this is another ploy to stop the pension payment. He has phoned acas who just said that a company that size should be able to find him an alternative job, hes also been to citizens advice, sent to disability advice who cant help and just said get a lawyer, we cant afford one and the union lawyer wont get involved until after the procedures have all been followed, another disabled advise in a different town also cant help I am at the edge of my tether and this is making his condition far worse. what is the point of having disabled laws when there is no one there to help when they are not obeyed! any input gratefully appreciated
  7. Hi, apologies if this is covered elsewhere, I have searched unsuccessfully for something similar on this site. We are a small business with a couple of vans that received parking charges in May this year, at the time the only advice on the internet seemed to be to ignore them, which we did. If we'd found this site maybe we'd have acted differently, anyway no appeal was made within their 28 day limits. One was with Excel Parking for a site in Manchester , they have now got DRP chasing us for £160 from the £60 original charge. Our driver got to the machine and was approached by someone who did not put enough on their ticket, so he took theirs and passed over £2.40. Clearly he felt he was doing someone a favour and no one was out of pocket as a result. His vehicle registration was not entered in the machine, resulting in a CCTV image and penalty being sent. A second occasion occured not long later when at a University car park, the driver paid for a ticket and stopped in a restricted area next to the uni building to offload a scaffold tower. He found a ticket shortly afterwards when returning to the van for his troubles from CPP in Chorley. We have since written to both companies who insist on these ever increasing charges stating we have no right to appeal and quote the Parking Eye v Beavis case. We recognise that a ticket may not be transferable and a restricted parking spot is not ideal, but no company suffered financially as a result. Just this justify these charges? We believe not. Would be interested to hear how we should best deal with these now if it is possible. Many thanks.
  8. Hello to all, its my first time here I received a PCN by post dated 3 August from Redbridge Council. (Entering box junction, Fotos were enclosed) I was give 14 days to pay £65 or £ 130 thereafter I posted appeal/reconsideration' on 15 August, 'Royal mail Signed for' it was received on 17 August. I did not hear or receive any correspondence until last week, 1 August , I received 'Charge Certificate' demanding £195. What options do I have? I will like to fight it, but I dont know the risks or procedure involved. Any advice or suggestion will be appreciated Zac Adam
  9. Hi all.Found this site whilst searching threads on appeals so thought i'd ask here.I went to my medical in September this year and got a failed letter(like most people) scoring zero points.This is despite the fact i have been sick now for 17 years with Crohn's disease(main illness) and since getting this illness this has contributed to others like osteoporosis of the hips and spine which causes me pain in my back now and again,galbladder problems which though at the moment isn't a problem i've been told i'll neeed to have this taken out sooner rather than later and most recently hyperthrodism.This latest one isn't being sorted at all as i've only seen the specialist once since May even though i've had it for a year now(though i will see another one in 2 weeks time) and it's this one that causes me the main concern at the moment.I am constantly tired which really gets me down.My crohn's even though wasn't too bad at the time of the medical comes and go's and they have put in the assesment that it's not too bad and under control which anyone that has crohn's knows is never the case.They carried out a silly test on me which totalled me laying on the couch and the nurse asking if i could push my leg against her arm/hand(i suppose to test how strong they are?) and that was about it.They never showed the slightest bit of interest really in my conditions just if i could drive a car,go shopping etc etc. On the letter they sent it also says under certain sections like abdominal problem:No current specialist input.Does that mean they haven't even asked my consultant at the hospital that i see anything? It says the same for my overactive thyroid no current specialist input. Finally there is another part.behaviour observed during assesment:The client walked 15 metres normally to the examination couch.The room i had this in(and the examination was miminal) was tiny and the couch was infact only less than 5 metres away.Does that make any difference? I've sent off an apeal and got a letter today to send back to HM courts and tribunal service.What happens about having a representative? I don't know anyone that could help it's not like i could ask my consultant to come along. Sorry for the long-winded thread:!: Thankyou for reading this
  10. I rec'd a PCN on for parking on Private land. The parking Permit was displayed in the Passenger side door but we still got a ticket. I appealed and sent a copy of the parking permit along with the PCN and it got rejected. When I appealed I admitted to who was driving at the time. Will I have to pay the ticket now? It's £60 and I just can't afford that. I have 14 days left after which time it will be £100. I appealed via their website and when submitted it said I would receive a reply via email. I didn't receive a reply from the company that issued a ticket, I logged into their website because it has been a week since my appeal and I hadn't rec'd a reply. That's when I saw it had been rejected and there is no info on how to appeal again. I clicked on the appeal button but it says I can't appeal again since it had been rejected once already. What can I do now? Do I have to pay the ticket. Please help and Thank you in advance.
  11. Applied for DLA in January for daughter with mental health (depression) she left work 8 months previous. Turned down asked them to look at claim again awarded low care, low mobility appealed again said expected middle care as fit the criteria. Daughter then diagnosed Bipolar 1 let DLA know 11 week after appeal against low care DLA wrote and said she had been turned down all they are relying on is the ESA 20 minute computer interview. They not took much note of the very informative claim, they not asked GP or Psychiatrist at mental health. In my opinion they not seriously considered the appeal as they have made no attempt to investigate things further to substanciate what we have put on the application/appeal. They relied on the original application form to do a u turn to award low care and low rate mobilty had they thoroughly looked at it they would have come to the conclusion that my daughter qualifies for middle care. Would contacting my MP help or would we just have to go through the system to a tribunal?
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