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  1. I parked in a no through road which leads to the entrance to a supermarket car park and a derelict building site, which after many years of standing empty is finally being redeveloped. The road is accessed from a main road, where there are normal road markings and no signs stating that you are entering a private road and there is No Parking or any charge if you do park in it. Shoppers often park in this road for a short time whilst they go the supermarket, even when there are spaces available on the store car park. One day I parked in the road because the supermarket car park was full. I parked for less than 10 minutes behind a car that was already there and didn’t think anymore of this until I received a PCN in the post from a private parking management company. I was shocked that this stated I had parked in an un-adopted road which was no parking allowed and had a £100 parking charge. The council confirmed the road is un-adopted whilst the site is being developed. The company had taken photos of the car I was driving, which was parked alongside a derelict building in the road. The signs stated Attention Private Land – The site is managed & operated for No Parking at anytime and that there is a parking charge of £100. These signs are not in the line of sight of a car driver and when you leave the car to go to the entrance of the supermarket they are behind you and there are no signs in your line of travel. You might see the signs on your way back to your car, but that is obviously too late. The signs are on the perimeter of the building site, which the derelict building is part of, and they refer to “Land” and “Site”, so you would assume they refer to the building site being developed, and not the road. If the road is included then there should be a sign at the entrance stating this is a Private Road and the terms and conditions that apply, as was in the Supreme Court case Parking Eye Vs Beavis. To make matters worse the signs on the derelict building are not illuminated and are less visible at dusk when I parked and when it is completely dark they cannot be seen at all! I disputed the charge with the management company because there were no signs at the entrance of the road and the ones on the building alongside which I parked had not been visible and referred to the building land/site. This was rejected because the IPS had approved the signs and location of them. I tried to appeal to the Site Owner/Director of the company who are developing the site, but he ignored my letters. His company finally did respond after my Father wrote to them. They confirmed that they had appointed a parking management company to control misuse of their land. I and other shoppers, unaware of that this is a private road with no parking, are hardly misusing the land by parking here for a few minutes! Even Police have been seen parking here and I am aware that at least one unmarked Police car was issued with a PCN. The management company have had many requests from the Supermarket store management and people like me to improve the signage and/or paint double yellow lines, to remove any ambiguity, but they have repeatedly refused. One store manager even complained that an employee of the Management company was parking by the derelict building, adding further to the misleading situation. In fact I am sure it was one of their employees whom was parked in front of me when I was issued with my PCN. It certainly was the same type and colour of car that I have seen driving around checking for parked cars. My Father did a study and saw 13 cars park there in one hour one lunch time, including an armed Police woman! I foolishly tried the IAS appeal process, knowing that I only had a 20% chance of being successful, because it is well known that this is not independent at all. True to form my appeal was rejected, even though I had pointed out and given proof that the evidence given by the management company was incomplete and the site plans and photos showing the signs were over two years old and not what were in place when my alleged parking offence took place. The Arbitrator dismissed these facts and still rejected my appeal and asked me to pay the charge within 14 days. I informed the Parking Management Company that I did not accept the decision of the IAS and the reasons why. I stated that I would not be paying the charge and requested that they followed the correct legal process and take me to court and not waste time and money passing this onto a debt recovery company. My letters, including to the MD were ignored and the charge was increased to £160, to cover admin charges. I heard nothing for four months then out of the blue I received a letter from a Debt Recovery company asking for the £160 to be paid. I have denied the debt, and asked them to ask their client to take me to court, so that this can be decided fairly. Their response states if the account remains unpaid it will progress to the legal stage and be passed to the solicitors. I would welcome further advice to what I have already received. This situation has been very upsetting and stressful for my family and I, especially when I am an honest, law abiding citizen, who has not committed any parking offences before. In the meantime, roll on the passing of the Private Parking Bill!
  2. parkingbill2018, where are you with this case? I've got the same problem on the same location, but mine is on early stage, have only passed to the ZZPS LTD Could you please update when you get a resolution Thanks,
  3. Hi, I have had my bank accounts closed and told I will have to wait for 30 days to get my money. Ive had an account with a main bank and always used my mums address, this account is about 5 years old and with a small overdraft and no problems.I have been living with my GF for about two years so thought I could get an account at her address so I just did it with the other bank that is linked to my main bank but was told if I wanted to close my old account I would have to go into the branch to do so. I carried on using both accounts and even set up fastpayment with my new account and sent over a small amount. A week later I transfered over a larger amount and it never arrived so I called up the bank and was put through to the fraud team. I explained what I had done and they said OK and put the payment through. The next day I went to login online and it wouldnt let me so I called the bank and was put through to the account closure team, they said they could not give me any information and I would get a letter in the post. Five days later a letter arrived at both addresses saying exactly the same thing that my account was closed and I was to go into the bank with I.D and withdraw my money. Now between the two accounts I have about £10k so I called the bank and was told I could not have my money as they where making checks and I have to wait 30 days. I explained that I had received letters saying to withdraw my money and they just said they where doing checks and I could call back every week to see if there had been any updates. Is there some sort of protacol for this, after 30 days will they just say sorry no decision made, my Contract mobile is fine and also my credit card etc. From what I have read it seems they will be checking for fraud and money laundering but all the information inc D/L and passport are legal. Cheers Zoom
  4. I believe that a former employer may have acted unfairly against me whilst I worked there and I'm intending to SAR them to see if there is any evidence of this which I can use. I do not know where the evidence may exist or in what form, whether it is in emails, phone calls (which I know to be recorded and stored) or paper records so I would like to make a SAR for every piece of information they have. I also obviously do not want to disclose the reason for my request and find that the evidence I'm looking for may miraculously disappear. I am uncertain whether it's better to make a SAR in the next couple of days (before GDPR comes in), or wait until next week when GDPR is introduced. Under the present system, AIUI I pay the statutory fee of £10 but I then have an unqualified right to request all information. However, under GDPR the statutory fee is abolished but they will be able to charge a 'reasonable fee' where the request is 'manifestly unfounded'. Is there any guidance as to what a reasonable fee might be (lower/higher/the same as the current statutory fee?), and what qualifies as a 'manifestly unfounded' request - is a general request for all data rather than a targeted request considered 'unfounded' in itself?
  5. Hello again, I have issued a 1-2k claim against a service provider "Spottish Powder" using MCOL on 21 JAN. They filed an AOS, and time to file the defence expired, either today or yesterday, I think. MCOL will now allow me to file for a DJ. Should I do this, or wait? Thanks in advance.
  6. Sick and elderly have to wait outside in all weather in the cold for up to an hour before a GP surgery opens - just to get an appointment. Patients are said to start queuing at around 7am every day, although the surgery doesn’t open its doors until 8.00am. What if you are elderly and living on your own? You can’t expect them to come and queue. It’s disgusting. There are lots of old people standing in the freezing cold in the middle of winter. The system needs to change. There are queues every morning. The surgery should open up its doors earlier and have a ticket system, whereby the surgery doors open early to let them inside that way Sick and elderly are not waiting in the cold. The weather is only going to get colder and colder, please help me draft up a complaint to the surgery to get them to change their ways.
  7. Hi, General advice needed. Last year a judgement was issued against me. I was not aware of the judgement taking place. I have no recollection of receiving notice although I cannot say that with any certainty. This is because I was in the midst of some pretty severe health problems which have required multiple operations and at the time the judgement was issued, I was on morphine for pain management and anti-depressants to treat my depression. I became aware of this a couple of months ago and began seeking advice on the steps open to me. It became clear the only thing I could do was to have the judement set aside. In my application I provided a letter from my GP, information on my condition and information on the medication that I was on. Is this likely to be enough? I contacted the court this morning and they said they'd be in touch in about three weeks with a date for a hearing. Will I definitely get a hearing? What are my chances of success and do you have any suggestions for how I approach it? Thanks, Wrighty
  8. Hi This is my first post but I have been an interested reader of the forum for a couple of years. Any help I receive would be greatly appreciated. I have defaulted on my car finance with money barn. I haven't paid a third yet but my circumstances have recently improved so I would be able to pay the arrears monthly along with the standard repayment. Moneybarn are not interested though so I was hoping to avoid the time order fee by waiting for me to be taken to court and asking for a suspension of the repossession order. Would this be a good tactic or is it illegal to hide the car and wait for the court date? I have gave up speaking to moneybarn as each person there is as rude as the previous. Many thanks for reading and I hope someone can advise me.
  9. So, I was an irresponsible student who racked up some defaults for a small amount of 2500 I am in a position to settle these debts now, but many of them are very close to being statute barred, my main query is, if I was to settle these debt, how long until I would expect to see an improvement in my credit file?
  10. Hi, I was called in for a compliance interview in June 2011. I admitted I saved all my DLA up for something that would help me medically (I did have savings over and above limit for this reason). I get higher rate on both components of DLA. I was told I could spend my money on the said medical aid within a few days and they wouldn't consider this deprivation of money. I am paying the overpayment and have been for quite a while. But what I cannot ascertain is whether they will take things further. I have a lot of physical and mental health issues, but I can't seem to get over it until I know the case is closed, but that's something I never managed to get them to say. I did offer to pay a lump sum off my debt and debt management contacted dwp and they said I don't have to pay anything other than the £10.80 pw. they also told me I have no named investigator that I could talk to. Hence I have no one to discuss the matter with and still feel at a loss. Should I expect further letters from them? Do they just turn up at my house? How can I know for sure, I got tired of asking if things were over as they just won't answer. It's still too much on my mind. Thanks for reading.
  11. Hi All As have many on here, I've been doing battle with the DWP over moving over to PIP. I was re-assessed for PIP and had my medical with ATOS on 15 September. My standard rate care was upheld but they only awarded me 10 points for mobility. I had been on HR DLA since 1994. I have RA and Osteoporosis and have had since 1973 when I was 9 years old. I've had 6 hip replacements, a major fracture to my femur last year from which I'm still recovering and which happened whilst merely standing in my living room (doctors not sure how it happened but think it was a stress fracture which suddenly got worse causing the prosthesis to fail) and I'm now recovering from 2 unexplained pelvic fractures. I've got nerve damage to my leg (from another hip replacement that went wrong) which means I'm prone to trips and falls which have resulted in broken bones. The ATOS rep asked me how far I thought I could walk before I needed to stop. I said I was in constant pain so in reality couldn't even stand without being in severe pain and in any case I wouldn't be safe as I'd broken bones just by standing still. She kept saying "yes, but if you had to walk, how long do you think you could do it for? I said I didn't know as I'd never timed it but she kept pressing me for an answer. In the end I said "I don't know. A minute or so I suppose but I couldn't do it comfortably or safely". She wrote in the report that I could walk 1-2 minutes 3 or 4 times with short stops in between, then added an equation and concluded I could walk 40-80 metres. However, she then said that she thought I could only walk 40-50 metres which says to me that even she thought her equation was being over ambitious! The upshot of all this was that I was awarded the 10 points and not the crucial 12 points I needed to keep my car. The MR was upheld which I wasn't surprised about as they persuaded me to request it over the phone under their "pilot scheme" (if you're asked if you'd like to do this when you ring up in a state after receiving your decision - say NO. You do it in the heat of the moment and don't end up submitting any further evidence to back up your claim). I've now submitted my tribunal papers with the help of the adviser at the CAB. My adviser is pretty sure we can get it overturned. Along with x-rays and medical notes, I'm going to cite this which is from the DWP's consultation papers on whether the 20 metre rule should be upheld. Example 3 – Juliet 4.24 Juliet is able to stand and move with a walking stick but suffers from hip pain when she walks. She can walk about 100 metres, but her level of discomfort increases as she walks and her pace slows down until she has to stop and rest. 4.25 Juliet also finds that walking even very short distances takes a lot out of her. If she walks more than about 10 metres, for the next few hours she is unable to walk more than a few steps without experiencing severe hip pain. 4.26 Although Juliet can walk more than 50 metres, she cannot do so as often as would be reasonably expected because of the pain it causes when she walks again. As such she is not considered able to walk reliably. The furthest she can walk in a way that is repeatable is a few steps using her stick. Therefore descriptor E best describes how she is able to move around. 4.27 Juliet therefore receives entitlement to the enhanced rate of the PIP Mobility component. Does anyone know how long it will be before I hear whether they've granted me the appeal hearing? I've requested medical records from my NHS trust including X-Rays and scans showing the state of my pelvis and hips and I've been evidence gathering but will I have months to do this or is it quicker. I only had to wait 4 weeks for my ATOS medical and 10 days for the decision which seems to go against the timescales reported by others. My car went back today. To say I'm devastated is an understatement. That was the only thing that made me feel normal. I can't walk anywhere but I could get in my car and drive and I felt like everyone else. Now I'm stuck indoors. The £2k they offer you is very welcome but won't buy us another car that is adapted for me to drive as well as pay for the insurance, tax and everything else that goes with it, even with the standard rate PIP I'll get.
  12. In a nutshell 21 July 2015 - applied for JSA 27 July 2015 - had appointment for JSA - claim accepted I have received letter that I am getting JSA from 27th July with first seven days stopped which is ridicoulous in itself as I now have £40 to last 2 weeks! I thought the claim would start from when I applied onlien on the 21 July and the seven days wait would count from there meaning the most I would lose would be a tenner. Can anyone just confirm that I should be paid from the 21st before I ring the jobcentre and vent my spleen.
  13. i have a contract with a broadband provider for 8 more months. its 18.40/month, i've moved and they want me to pay £100.00+ moving fee and wait 27 days to connect it at my new address. the contract is for supply of broadband/phone so can i cancel it based on the fact that they have broken the contract ? and cancel all further payments?
  14. Hi, I invoiced my boss two weeks ago just after i left my job there (I was self employed so had to invoice) and he is yet to pay it even though he usually pays a couple of days after, but now i've left he is obviously being stubborn. I have emailed him and he hasn't responded to any of them in the last few days. I have tried to call him but he doesn't answer so he is obviously just ignoring me. The amount is only £120 as i only done a days work for him last month so i am not overly worried about it, but it's just the principle and him being an idiot about it for no reason (baring in mind i left on good terms as well). One of my friends worked for him as well and then left, and my boss owes him £700 as well. So how long do i have to wait before i can do something? What can i even do about it anyway? My friend has been waiting 4 months for him to pay his £700 invoice. Thanks for any help.
  15. Do the site team think that the issues of the last day or so are fixed? Please advise if not and when you hope they will be so we don't all keep whinging about it and adding posts with "helpful" advice.
  16. I bought a car a few weeks ago, which after a couple of weeks, refused to start. The dealer was very good and agreed to have the car back without argument. The car was recovered back to him at his expense. However, that was now over two weeks ago and I've yet to see the money in my bank and he's now stopped replying to my messages.The car is now readverted on his website. What's my next step? Any thoughts would be greatly appreciated. P.
  17. Hi i was working for a company in the public sector , one of the things in my defense is the basic fact that they was in breach of contract because .... The manager forced me into taking a break at the end of the duty which i am claiming effected my performance According to ACAS It's extremely important that workers take breaks. Studies have shown that heavy workloads and stress can make workers less productive, increase the risk of mistakes, and affect health. and should have their break at some point during the middle of there shift rather than adding the break to the end or beginning of work. In the CWU agreement contract it states breaks must not be taken at the end of the duty. I have it in writing in the interview notes when i pointed out that i was stressed because i had had no break " we have spoken about this before , U MUST TAKE YOUR BREAK AT THE END." ( which was just to suite manager so he can can close doors early and get away earlier while im on my "break" as im walking home) The company s CWU has a binding agreement which means it is contract ... contract of employment explicitly mentions the inclusion of collective agreements with the cwu.This means that all valid collective agreements are express contractual terms.Breaching those terms is a breach of contract. Its gone straight to FINAL HEARING .. i dont know if that is the final thing skipping any kind of pre hearing or whatever? Anyway would you guys say this is breach of contract or what. sorry if this makes no sense
  18. A letting agent says I must have a certificate of satisfaction even though the CCJ is marked as satisfied on my file. I wrote to the court with a cheque two weeks ago but I have heard nothing and they haven't even cashed the cheque. I tried phoning, but all I got were recorded message options telling to write in with a cheque! Is two weeks a long time to wait or is it normal? I really want to get on.
  19. First time poster. I've read with interest the many threads on PPI reclaim I've seen here. I'd like to thank all the contributors for providing me with enough background to get my claims started. THE WIN I sent an FSA questionnaire claim to MBNA in January, regarding a credit card I had between 1996 - 2003. I didn't even request an SAR. They replied within three weeks saying they were upholding my claim and have now written to me offering me £3163 which fits in with my figures. I couldn't have done it without the information on these forums. THE WAIT At the same time I sent a claim to RBS regarding a credit card held between 1998 - 2005. Almost identical to the MBNA one, citing the same reasons (adequate employer cover, third party insurance held and use of the term "we strongly recommend you take this insurance" on the application form with no mention of costs except in the small print of a separate document). They responded, rejecting my claim which prompted me to write to them highlighting the inadequacies of their explanation. They treated me with contempt, stating they hadn't received the letter until I gave them the name of the person who had signed for it, then miraculously finding it while I was on the phone. It made no difference, they sent a curt response along the lines of "go to the FOS, I dare you." They also told me that RBS had never had a decision overturned by the FOS .... we all know the truth of that. I've sent all the details for the FOS and I guess I'm in for a long wait. THE QUESTION So, the third credit card I had was a Goldfish, between 1996 - 2005. I wrote to Barclaycard, who, after many letters requested more information, decided they didn't own the account. Yet they have now sent me a letter rejecting my claim and stating the usual reasons (it was optional, you ticked it etc). I had subsequently taken the matter up with Lloyds TSB who owned the Goldfish brand at the time I closed the account so now I'm confused. Just who is liable for paying a claim should it be found in my favour? Is it the company that owned Goldfish when I closed the account or did all the liability go to Barclaycard? Can anyone help? Many thanks in advance for any help anyone can offer cheers Paddy
  20. Hi everyone, I'm new to this site so bare with me. I just want to know how long it will take for me to hear back about esa? Basically I was on incapacity benefit and got a letter saying I'd be moved over to esa and I'd get a form through the post, the form had to be back before the 26th of march and it was. So it's been just over 3 weeks. Could someone also tell me the difference between the groups of esa? Ones support and ones work related? Something like that. I really don't under stand it tbh. I know there's Medicals involved. Does everyone have to go to them? Any info you have would be great, I know nothing! Lol oh and what about my money? I'm confused as I looked on a website (can't remember which) and it said it would be £50 something for the first 13 weeks I think it said and then went to £99 or £105 depending on which group you was put in. I'm getting £220 every 2 weeks on ic, but I kind of remember my letter where it told me I would be getting moved to esa that my money would stay the same. I don't see how that could be, even at 105 a week that's 210 a fortnight and I'm on £220? Thank you
  21. Hi all, I started a new job about 4/5 weeks ago but it isn't going well. Its very timed and speed focused and I just CANT get to the speed they want/need their employees to achieve. Other trainees are managing this. I can't see how I can improve myself anymore (it's a physical job and I get the feeling that my previous 5 year desk job hasn't aided me in moving to this kind of situation) so feel like dismissal is going to be inevitable. What I'd like to get an opinion of is whether I should quit or should I wait to be dismissed. I'm very tempted to 'just' quit as it's really stressing me out constantly worrying about time targets and if I'm getting it wrong, and why I'm so bad etc, and dreading the next day at work. Money isn't a (major) issue as my husbands wage is supporting us adequately at the moment, but I would be looking to go back on JSA(Contribution) and also need to consider how it would look on my CV in the future. Is it better to look like I took responsibility myself and quit a job before they had to fire me, or to let them fire me and let future employers know? Thanks in advance StageD
  22. :?:can anyone give me any advice about a loan we took out 10 years ago with alliance & leicester. my husband was self employed when he took the loan out we told this to the advisor but we were advised that without ppi we would not get the loan. we wrote to allaiance & leicester(santander)ten weeks ago and have heard nothing from them .tried to ring but once you get through all the different menus it just rings and rings. any advice about what to do next please.
  23. Hi I had to attend the ATOS medical centre for a review. I am currently on ESA in the "support group" due to clinical depression and severe anxiety. I had the review over 4 weeks ago now and am anxious to know of the outcome. The review was a fairly quick affair after I handed over a letter from the the Consultant psychiatrist who is treating me.. In the letter he gave information that I was under his care and would not be fit for work for some months... No mental health questions were asked of me during the ATOS medical.. I am sick with worry now that nearly 5 weeks have passed and I have not been made aware of the outcome of the medical review. Can anyone please help ? Thanks .
  24. I purchased a treadmill which appear to have blown the motor. (it is still under warranty for another 2 weeks,) I contacted the shop where I bought it and they have agreed to repair it. However this has been 4 weeks and when I call they say they are still waiting for the parts. What is a reasonable time to have to wait for a repair? Can you help please? I don't like to keep hasseling them as they appear to be trying to help me, but I dont want to have to keep waiting either. The treadmill had a 2 year warranty which expires in Sept 2012
  25. I sold an item on Ebay. It was bought on 6th June and I sent it out 7th June. My Ebay account says that I will post goods within 2 working days. A month later, I had an email from the person who bought the item asking when I was going to post it. Yes - you've guessed it, he claims he never received it, and I sent it with a proof of posting and not by a tracker means. Ebay are being their characteristically unhelpful selves. When I responded to the buyer that I sent it the next day with proof of posting - it took hm a further 10 days to reply saying he still hadn't received it. I'm convinced this chap is a [problem]mer and liar, and Ebay will probably come down in his favour because he is the buyer and I didn't send the item using a tracking service. OK - so lessons learned by me about posting methods which means I'll add a slug of money to my postage costs However, the question I'm asking is of the forum is, if you order something online and it says it will be sent within 2 working days, how long do you wait before you chase it up? I'm trying to prove to Ebay that no normal person after buying an item that cost £170 would wait a month before asking if it had been sent. Many thanks Susan
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