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    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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dont know if this forum relates to this subject. hope you do as need help.

 

moved here in oct/06. well the month after it was drawing near to bonfire night. it started with fireworks they were lighting them on front garden. i had then a 4 yr old (who is now 6) who was in front bedroom asleep. it was about 12.30 night when one of the fireworks hit the window and my daughter woke up screaming. i was asleep to and shot in her bedroom not knowing what was going on. i went out and complained and told them they should be doing it round back garden as fireworks are dangerous. i dont begrudge anyone having a bonfire night but they should just be sensible about it.

 

the next incident was my other half put some curtains up (as we had not long moved in) i was at the hospital visiting mum) next day the lady next door said that she came round about 7.30 but no one answered the door, to ask to stop the drilling as they were watching a wedding video. i apologized and said it would not happen again. i knew that i could have argued back as it was before 8.00 and we needed curtains up as we not long moved in, we needed to decorate. we stop noise at 8.00.

 

2 days later, me and my other half woke up at 3.30 in the morning to loud banging and hammering that was coming from next door. we didnt go round to tell them and left it till next day. i confronted the woman who apologized. i asked her what she was doing and she replied that her brother and husband were fitting in a toilet. i couldnt see the need to do that as they have 2 toilets in the house like us. and she complained about us putting curtains up at 7.00.

 

now from all of other things going on is the music. its like living next door to a nightclub. its going on in the day by hi-fi, then at night they are playing films on tv or videos with music in them and turning them up when the songs copme on. this usually goes on till sometimes 12- 1.00 in morning.

i went round and told them about it. they said they have the right to be happy and we are making them unhappy. when i mentioned about the films and the music being turned up in them too they said well, we dont make the films. she started to threaten and tried to call me in to the house to fight her. i believe me i wanted to but i walked away and called the police. guess what - as the police pulled up they turned it off. they have told the p[olice we keep banging the wall at them. could anyone guess why we bang the wall, cause they dont know.

 

i now have a 3 month old baby. i cant sleep properly as they wake him with there door slamming and shouting. when the parents go out leaving the children in alone to swear at each other and fight. you can clearly hear it through the walls. and the mother complained at me just saying bloody at her saying that was swearing.

her husband came back drunk one night, i was just about to get my baby of to bed, it was 11.30 and he just blasted the music up.

the council advised me to go round and tell them about the noise. now thanks to the council, next door are now saying im racist, that if they were playing white music i wouldnt say anything. its not true i just want them to turn it down. i dont now what to do.

 

i had the police come round and i was crying, the baby was screaming, iv shouted at my other kiddies because im getting stressed about next door. im at my wits end. the policeman has had a word with them, he said that next door are very well known at the police station for complaints.

sometimes i go for a walk and stay at the library for a couple of hours. cant hear my telly unless i turn it up loud and i cant do that as my baby wont sleep and i need him to take naps as i have things to do. its depressing.

im now keeping a diary of what they are doing. :(

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Guest Old_andrew2018

REport this immidiately to environmental heatlth,

I always personaly find out who has got the biggest mouth in the council what I am saying there is always an outspoken councilor who loves to stir, I would use him/her to contact officals It nearly always works

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also report each incident to the Police, i know you might think it is petty but even if they dont come out there will be a computer log generated each time. More evidence for the enviromental health and any impending legal action

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Also, you haven't said if either or both of you are owner-occupiers, or renting (though I would guess the latter).

 

If you are both renting, is your neighbour in an AST or is it council or housing association?

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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  • 5 months later...

need some help. didn't post anything as mum died early this year.

 

nieghbours are at it asgain. this time i phoned police as they were shouting and it sounded like they were beating on the new pup they have had. it reached 11.20 night so i hammered on the wall. that didnt work so i phoned the police - police said it wasnt really anything they could do. so i phoned out of hours noise control. they rang back after an hour of me phoning them and said they were coming round. next door must have heard them knock as the noise stopped. when the man went it started again till 1.00 in morning. i have only had 4 hours sleep. i'm anger, confused at why im getting no help. i re rang the man to tell them they were at it again but he said he cant come back out as he was on another call.

 

this morning i woke up i have bags under my eyes from lack of sleep with them and 9 month old son, they started again at 6.15 this morning and woke me up by shouting at the puppy outside.

 

i saw the woman next door walk past my house and i went out to her and asked her why her husbandwas shouting till 1 in the morn - she said we i was banging not them. i told her i was banging the wall at them and that i had reported them to the council. she called me racist names like dirty wht b*tch, and wht trash and i told her she was being racist. she then pushed me when i told her i also called the rspca after hearing the noise from the animal, squealing. she insulted my mother whop had passed away early this year so i pushed her back and i walked of she told me that shje was fecthing her son and family.

 

i phoned the council who p[assed me on to hate rate number and then i phoned police. police came went to theres first had a word. then he came to mine and basicly told me he could take stastements but we would both be arrested and go to court.

 

i am so unhappy. i have been writing these incidents down since 2/nov/06. i moved in the month before that. i have treid to be nice but they are not bothered.

 

they own there own house - i am in a council property.

 

HELP

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now they have let their dog poo on my path - i saw it do it i went round asked them to come and clean it up and they have tolod me they would. i waited as 1 hour went by and went back round. now they say it is not there dogs???? i actually saw there dog do it.

 

£50 fouling fine council... is it any good phoning. will they do anything

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OK there are a number of issues to address here.

 

This sounds like an obvious question, but what race are the neighbours?

 

What type of properties are these? Semi detached houses?

 

Issue 1. Racial abuse is a serious criminal offence, and you need to pursue this via the full extent that you can. If the police state that you need to be arrested also, then I would suggest that you at the very least get this in writing, and either proceed and later go for the police for wrongful arrest(which it absolutely would be, unless you are missing something from your story...) or you make a complaint to the police regarding their behaviour, and then make a formal complaint for racial abuse.

 

Issue 2. Pushing you is assault, and is again a criminal offence. Did you retaliate in any way, or could be seen to have acted in a threatening, intimidating or aggresive manner? Please try and be as objective as possible when answering this, as if you were in any way whatsoever then you would be foolish to pursue this.

 

Issue 3. You need to speak to your local housing officer at the council, as well as environmental health, who have an obligation to get involved.

 

Issue 4. Keep a detailed diary of what is going on, and gather as much evidence to back this up as possible - whether it be videos, photographs or witnesses. This could be construed as harrassment.

 

Is this at a position yet where you would be willing to move? As overkill as it sounds, it would be the easiest way to resolve the issue....

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Guest Old_andrew2018

Hi

In addition find out which councillor has the biggest mouth, as I stated in an earlier post there is always a councillor who loves to stir.

We have a few in the west midlands, they do make officals get on and do the job they are paid for.

Andy

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Hi there

 

Race hate works both ways. It could be that they are causing you so much hassle because they hate white people. Its not always the whites who are to blame!!!! This sounds terrible to me. I have suffered at the hands of a noisy neighbour and it really can affect your health.

 

I would visit your doctor and let him know what is going on so that you have it on record. This will be good back up to get re-housed by the council. Do get in touch with your councillor, that is what they are there for; that's why we vote for them. Make a complaint to the police every single time this happens and also the noise control. Get in touch with RSPCA definitely if you think this puppy is being abused.

 

They sound absolutely awful. Pushing is assault. I know that in Scotland the police can remove the offending equipment that is making your life a misery. The guy I had problems with had 2 hifi's removed. Can you tape the noise? It may be a problem with deafening between the walls. If you are renting then the council should sort this out. I know that English law in relation to sound proofing houses isnt as good as Scots and the sound proofing doesnt have to be as good there.

 

Good luck

Gemspan

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  • 3 weeks later...

Hello, I was wondering if this is still an ongoing issue?

I have also had problems with noisy neighbours in Council property, we called the police but they always say they cannot come out as they have no powers, local housing officer says they do and it's a circle all the time.

These people should not be given affordable local authority housing it seems so unfair. Obviously I need to live next door to you lol.

I really hope this has been resolved.

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yes andrew. i had alot of support which i needed when i had neighbours from hell, the council are useless, nfh suggested i erected a small video camera on my property which i connected to a video recorder. if its on your property and not pointed onto the highway or neighbours then its legal. thankfuly my camera caught my neighbour deficating ,yes you have read right there. on my door step. With all other evidence they were evicted, thankfully.

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