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    • Preliminary hearing to determine whether there is a contractual relationship between parties - according to the hearing notice.
    • I had forgotten that the fleecers had already played a lot of their cards in the WS they made opposing your set aside application (post 12 for anyone looking in) so that means we can already tighten things up.   Obviously the paragraph numbering will now take one hell of a beating, but that can be sorted out later.   Observations in blue, changes in red.     IN THE COUNTY COURT SHEFFIELD    CLAIM NO: XXXX   HX PARKING LTD  (CLAIMANT) VS XXX (DEFENDANT)   Date: 3rd May 2022   Witness Statement   1. I Mr XXX, of xxx and I am the Defendant against whom this claim is made. 1.1. I was the registered keeper of the vehicle XXX. 1.2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.   INSUFFICIENT & CONFUSING SIGNAGE  This is likely to be one of your aces so will need a lot of work once you get photos.  The fleecers have also shown a plan where they claim there are signs (their WS post 12, PDF page 15 which you need to confront).   2. I confirm that i was the registered Keeper of the vehicle which is in question in this case and the vehicle was parked in Alma leisure centre Chesterfield. The vehicle was parked there because the driver went to McDonald’s for eat in (the bank statement proof exhibit 1).   3. There were no clear signs at the entrance nor in the car park, it was night time and weather was not clear as well.   3.  Even if the driver had seen the signs, they would have been extremely confusing.  A car is normally allowed to be parked for five hours, yet after midnight this is changed to one hour.  This begs the question for how long a motorist entering at 10pm for example is allowed to stay.  Is it for five hours until 3am or until 1am?   3.1. The PCN/NTK states "period of parking 00:02:05".  It is common sense that a couple of minutes was needed to enter the complex, find McDonald's and find a parking space, before the period of parking began, so it was likely the car entered the car park before midnight allowing the driver to park the car there for five hours.   4.  Even if the driver had seen the signage - they did not - the mention of a £100 charge is literally the last word on the last line of a long board of text.   4. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.     UNFAIR TERM   4.  In an interview with the local newspaper (exhibit XXX) Ms Ellie Berkeley, HX PCN administration team leader, said: “The five-hour maximum stay prevents workers from close by abusing the land and parking there for free, without using the shops on site" which makes sense.   5.  This therefore begs the question of why this limit is cut by a massive 80% after midnight when the cinema and eateries are still open.  The driver indeed ate at McDonald's.   6.  Ms Berkeley continued: "Five hours is sufficient time to visit the cinema and also eat at a restaurant".  Certainly five hours are sufficient.  One hour is not.    7.  I would maintain this is an unfair term under the Consumer Rights Act 2015 part 2 section 62 (6) ""A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer".  Such a term has absolutely nothing to do with efficient management of a car park and everything to do with trying to catch diners or cinema-goers out and thus have an excuse to issue PCNs.   NO KEEPER LIABILITY   5. The Particulars of Claim do not clarify in what capacity they believe I am liable but state that the Defendant is “liable as the driver or keeper” of the vehicle. This appears to be “fishing” for liability.  Is this really in the PoCs? - you need to look and find out.    The rest of your section is about the use of POFA at airports which is completely irrelevant.    Adapt LFI's suggestions re POFA and keeper liability -   First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail.   The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   PROHIBITION  This deals with no stopping cases.  Yours in not no stopping so it is completely irrelevant.   LOCUS STANDI   You have quoted a different contract in a different place with a different PPC.  You need to read and try to find holes in the contract they produced (post 12, page 15 of the PDF for anyone looking in).   Adapt LFI's suggestions -   Looking at their contract, the names of the signatories and their positions in their respective  companies have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   ILLEGAL SIGNAGE   8. After checking, I have found out that there in NO planning permission granted for said signs, therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.   LFI's suggestion -   They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   ABUSE OF PROCESS  I've cut some bits out as the CoP hadn't been published when the fleecers went after you.  Are you sure the Unicorn Food Tax in the PoCs is £60?   9. The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “debt collection costs”. No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4.    9.1. As part of the provisions of the Parking (Code of Practice) Act 2019, on 07/02/2022 a new Code of Practice was published by the government, designed to prevent these “rogue” traders from "ripping people off" (the minister's words) with extra charges, which have been deemed unfair (https://www.gov.uk/government/publications/privateparking-code-of-practice/private-parking-code-of-practice).    9.3. Section 9 of the new Code of Practice, regulates the matter of recovery costs: “The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.”   9.2. Even before publication of the government’s Code of Practice, Parliament intended that private parking companies could not invent extra charges. PoFA Schedule 4, paragraph 4(5) states that “The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper” which in this case is £100.    9.4. Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since that sum (£85) was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated ‘’Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates [...] in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared [...] the claim is struck out and declared to be wholly without merit and an abuse of process.’’    9.5. In Claim numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain HamiltonDouglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ‘’It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in ParkingEye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''    9.6. The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   Statement of Truth    I believe that the facts stated in this Witness Statement are true.   I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • Can you just remind us what is meant to be happening tomorrow
    • Thanks for your reply, we returned home to find the lock tampered with and it had been broken into.   Our alarm system had gone off and we have the log of which systems within the house had been triggered showing they had been in the house.   There was a letter left from a supposed bailiff addressed to a complete different property. The letter said they had been acting on behalf of SSE energy company.   Our home and street are clearly signed, we have no idea how they have managed to mistake our home for the other property! SSE told us not to call the police and they would get back to us within 48 hours, no explanation or apology.   We contacted the police anyway and got a crime number. Thanks 
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Aggression


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Guest louis wu

Or do you mean a patient has been aggressive towards a nurse, and a manager has had to protect a nurse from injury?

 

Big no no:mad: (although some people think its acceptable:()

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It concerns a individual who was physically aggressive towards a patient,this incident happened long before the UKKC (NMC) came into being.This person was protected by certain senior nurse managers because they felt he was one of the boys.This person has become CSM and used his bullying tactics to climb to the top,the post was never advertised.The patient concerned had to receive three sutures above his (L) eye following a punch he received from this person,at the time the person was ward manager.Many more spring to mind

 

Bullying those nurses who worked on his ward (verbal aggression)

Encouraging stds when leaving his ward to buy alcohol.

F-----g consultants off during ward rds and while they were on his ward.

Being involved in a ward manager click so that one would protect the other.

Consuming alcohol while on duty,ie xmas parties

 

I could go on forever,I just happened to be speaking with my colleagues over coffee at change of shift.We were talking about some of the patients we nursed in the past and the colourful personalities we encountered along the way.And in the course of the conversation this particular individual sprung to mind.Hence the question.

 

Bigdess

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Sounds like terrible management. I would like to think that this could not happen today, if it did there should be policies in place to deal with issues such as capability, bullying, whistleblowing, disciplinary as well as regulation by the NMC.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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In those days this was the norm,some of the things I have seen down through the yrs dosn't bear thinking about.In those days it was turn the other cheek or else.Certain sections of management behaved in a really disgraceful manner.If that nurse was working in the wards today he wouldn't last one week.I am now working in a dementia assessment unit, and very happy,I prefer to work with female staff because I get on much better with them,they make you feel part of a team and the crac is pretty good.I love to see my patients smile and laugh and enjoy making them laugh Hunter Patch Adams style (Clown Nursing)

 

Bigdess

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  • 2 months later...

sorry i know this is an old thread and the statement "in those days" made me think...........

i went to the UKCC in London to a hearing not too long ago, YES abuse these days does still occur, thankfully there was both myself and another nurse as wittness, as the "abusing nurse" when confronted said "ill turn the tale and say one of you did it if im caught"

therefore she knew what she was doing!!!

its not a nice experience and dragged out for almost 18 month before she was sacked (obviously under investigation she was suspended) we ended up with protection due to the incident as obviously relatives wanted to know if their mother/father etc were abused

but in answer yes it goes on, and id have no hesitation whatsoever in reporting it as long as there are more than yourself as wittness

honey x

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i have just come out of hospital after a twin bypass to restore the bloodflow to my legs next i have a heart bypass poss next april/may,

the reason i am writing this is to make my feeling known and my absolute disgust at some PRACTICES GOING ON IN OUR LOCAL NHS TRUST HOSPITAL,north wales

i was in the hospital for nine days but during this time i witnessed the most inhuman treatment by a male nurse and his co horts,i am only 55 and have my brain still working and in full control of what is going on within me and around me,but what i witnessed was so distressing(even now my angina has flared up badly in writing this distressing letter)as mentioned above this male nurse who came on the night shift in the ward was something i could nt beleive what i had witnessed,the nurse was bullying patients and in particular it would happen late in the evenings about 11:30 he would start his rounds of our ward looking in on patients who had rung their emergency bell,on this ward it was mostly old aged persons when i say old age i mean they were mostly in their 80 plus,one old fella accross from me was suffering slight dementure and when he came awake he would be confused (he had a simmallar bypas op)during his confusion he would try to get out of bed i say try he would litteraly fall out of the bed and then the nurse would put him into a chamode to sit for a couple of hours where he would then fall asleep again,one of the reasons for falling out of bed was the safety guards were not always up...i thought on the first night that ok the nurse was wrong by not ensuring the guard was in place,he would also tug at his catheter due to his confusion,i heard the coments from the nurse and what he was saying was alarming to me even in my state and under the influence of the drugs i was being prescribed i thought i was dreaming but i was also aware rhat on my third night after my op and came out of intensive care i heard the nurse from behind the screens talking to the old fella and saying stop being a silly old man just do as you are told,the nurse was not aware i was awake,i then heard the old fella -whimper in pain on a few occasions during the night and not being able to see what excactly what the nurse was doing ,but when the nurse removed the screen he had done a bed change and looks like he had cleaned the old fella up,this was my first night on the open ward where six men where in..on the second night the old fella repeated his routine of trying to get out of bed this time i rang for the nurse and he came to my bed i questioned why he had not respoded to the old fella he said he was a pain in the ass and sometimes it does them good to be left to stew for a while,well i thought abaout this and then the nurse must have thought twice and pulled the screen around the old fella this time i heard him whimper at least four or five times and when the srceen was romoved the male nurse went away with soiled sheets,the old fella was crying by this time and i was concerned so i rang the alarm again half an hour later the nurse came to me and i then questioned him why he had taken almost half an hour to see to me,as i could see the nurse sitting with his feet up on the desk ignoring my calls(through a side window pane his reflection)so i told him why does he not prescribe a sleeping draft for the OF as their was a senior nurse their to administer any medication,he just said the OF was being akward.with this i disagreed and told him he should nt bully and really should try to understand this old fella,he was miffed at this then the senior nurse came to me and said he is the nurse for this ward and his opinion counts and he has been in this job so long he knows better so leave it at that this was about 2:30 in the morn by then and the old fella was asleep by then so i left it at that ,at 6:30 in the morn two female nurses came in and changed his bedding again very caring and very good they were to mthe next day during the day this young nurse came on the ward and was speaking to the patient next to me but it was her tone and manner that i was concerned about and i am the last one who bullies dont want to meet i cannot stand bullying and in front of the whole ward i raised my voice to this nurse who was in her last year of trining and told her what i thought in front of the whole ward just what i thought of her bullying she almost burst into tears and i dressed her down uncontrolably and i reilised i was going a bit far so i then spoke with her quietly and warned her that i would not tolerate this systematic bullying and complained to a senior nurse,she was removed from the ward and an apoligy was made to the patient who later thanked me as did all the other patients,even the olf fella smiledmwell as the days were going by this male nurse who was on permenant night was being seen less and less then on the friday night on my seventh day the male nurse was on duty again and this time i noticed what i thought was odd was this nurse who for most of the week was making and giving out prescriptions had cut off my pain releif supply of the mothphene and i questioned this and asked why he said it was in my notes that i complained they made me sick,so i said that gives you no right to stop supply ,he was annoyed at this and i think he was in a foul mood so he said he would see another nurse and with this je came back with a seniour nurse who said he thought he was doing right by you mi told her then that he had no right and even so i feel that this practice of one nurse adminitering drugs alone should be frouwned upon and she said he was doing this for so many years he is unlikely to make any mistakes,well i was not happy with this and said so,during that friday eve he was then persistantly switching on the trash machine and this had been going on nightly and would usually start about 12:00 midnight but i did not reilise it until then that it only started when i first made my opinions known to him ,so he would deliberatley switch this machine on and leave the door wide open this distuberd everyone sleep and then he would repeat this proccess every night till i blew a fuse and rang my bell persistantly he tried to ignore this so i got out of bed this was at 3:00 on the fri/sat morn and went straight to the door and slapped it closed then i went to the telly room about two more wards down the corrider their he was reading a paper,i entered and told him in no uncertain terms just what i think of him and his childish pranks but he can be rest assured that i was going to make a formal complaint towards his attitude..i thought this would be the end of things untill the last bight i was in the hospital,where he got one patient in the next bed beside me at 12:00 midnight he put this fella in the toilet chamode and left him their in full veiw of the whole ward to do his bussiness not only that because the fella was hust out two days from a op because he was almost thirty stone and drugged upto the eyeball and was nt fully comprehending his situation the fella fell asleep on the chamode and during his sleep he must have done the toilet at least three times and the smell was unbearable,then at 4:00 in the morning he put the fella to bed then went to see to the old fella accross from me i think he thought i was asleep as i was pretending to be but what i witnessed was unbeleivable and so sickening i got out of bed when he finnished and went and found the seniour nurse by this time it was past 5:00 in the morn,he was changing the old fellas bed (considering the old fella had a simmallar op to me twin bypass)he got the old fellas head and back and sat him upright in an ubeleivable fashion and as fast as he could this must have been excrutiating and even now i feel that pain trying to sit upright so you can imagine the pain he cause the old fella ,then he removed the old fellas catheter and when he had changed his sheets he then left the old fella without replacing the cathetermwell within the our i was witnessing urine pouring over the sides of the old fellas bed (can you imagine all this urine going into an open stitches wound ,i witnessed the most in humane treatment ,i could not find the senior nurse but when i found him again at six o clock in the morn i informed him what i witnessed his reply was no one would beleive me,well he was wrong as two other patient complained against him,i saw the matron and her boss and told them of his systematic bullying and in human treatment of patients they prommised they would look into this complaint and see what they could do ,,to date i have not heard from the hospital but i also informed my surgeon what i had witnessed and told him i was making a complaint and he said i should,i also informed that they should have an investigation into this male nurse as i beleive if some hasnt already died in his care then someone more frail will,i still have not heard from the hospital as they released me the very next day ,i was also informed by a nurse they will brush it under the carpet

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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thank you i am deeply concerned,i found my stay distubing but i cannot complain about my treatment in ITU i was in there for two days and found it absolutely brilliant i just wish all the staff had the same attitude..but i am concerned and am glad of the information you have posted...i shall pass my information onto them,i am concerned in the fact that he may have already caused serious harm to other patients their is no excuse for what he was doing imo i think he is mentally disturbed but again i am gratefull for your input

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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thank you i am deeply concerned,i found my stay distubing but i cannot complain about my treatment in ITU i was in there for two days and found it absolutely brilliant i just wish all the staff had the same attitude..but i am concerned and am glad of the information you have posted...i shall pass my information onto them,i am concerned in the fact that he may have already caused serious harm to other patients their is no excuse for what he was doing imo i think he is mentally disturbed but again i am gratefull for your input

patrickq1

 

 

I think you need to put your concerns in writing to the director of nursing at the trust who can then investigate. And please use punctuation - it makes reading so much easier icon12.gif

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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i have written my complaint and concerns to the address given above the nmc ,i can honestly say that i am suffering nightmares from this not all the time but enough to wake me and remind me of the pain i am going through from my op,i was not excpecting the operation i had i thought couple of hours and i will be out next day lol

fat chance its now been five weeks since my op and i was out in 9 days ,my doctor said dont forget this was a major op and it does not heal overnight ,then offered to put me on the morphine uuggghh no thanks i will put up with the pain for now ,i have told the people i wrote to yesterday that i was willing to come forward as a witness,unfortunitly one of the patients he was bullying has sadly passed away cancer of the pancreas not sure how to spell it,its sad that this nurse has to have such a bad and sneaky attitude to people he should care for its sad that it has taken someone like me to step into the breach so to say and stand up for any future patients who have the dreaded misfortune to come accross someone so twisted ,i would nt leave him in charge of a cat let alone patients

anyway i have now started it so i will see it through to the end

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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im really sorry that you have had to witness this abuse or that indeed it goes on at all, I wish you a speedy recovery from your operation, but please dont let the pain drag you down, the recovery will take alot longer if you are having to deal with that too

honey x

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