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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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How do I unregister my car?


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a QC barrister today confirmed that blacks is accurate. person has several definitions.

That's exactly what I have been saying. Remember? Not all persons are human beings.

one is a natural person or human being.

Exactly. All human beings are persons.

one is a corporate legal fiction.

And not all persons are human beings.

it depends on what definition is being used.

It depends whether the court is dealing with a corporation or a huiman being.

 

is an illegal immigrant a person?

Yes.

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i may have made a mistake.

blacks [law dictionary] certainly says natural person. i'm not sure if it says human being, those were my words.

 

there's also several other definitions.

 

acts, statutes and byelaws only apply to persons.

 

not all human beings are persons. i'm not for instance.

 

is the queen a person? does she have a birth certificate?

 

do you own your car and kids or are you the registered keeper or legal guardian?

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i may have made a mistake.

blacks certainly says natural person. i'm not sure if it says human being, those were my words.

Yes they are your words and they are racist.

 

there's also several other definitions.

 

acts, statutes and byelaws only apply to persons.

No, they apply to people. Persons are people, Man, Woman, Child.

 

not all human beings are persons. i'm not for instance.

Definately your not human - your not even plankton

 

is the queen a person? does she have a birth certificate?

Yes the Queen is a person and has a birth certificate - can you prove otherwise?

 

do you own your car and kids or are you the registered keeper or legal guardian?

Yes I own my car. One person never owns another except a dictator like in North Korea.

 

Of course you won't respond to any of that because you can't.

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i'm not attacking anyone, although i feel slightly under attack.

 

i'm not sure how insults help anyone.

 

i'm just interesting in discussing the legal/lawful system in a sensible manner. i've had and heard of some pretty interesting and empowering experiences in the police and court systems.

 

i dont go in the dock for instance. there's no lawful obligation.

 

blacks is a reference to the blacks law dictionary and not any derogatory term.

 

i didnt say the queen didnt have a bc, you say she has, so the burden of proof is on you?

 

you are the registered keeper of your car and they can take it off you anytime. i suggest it's much the same with your kids. registration means transfer of title ownership. in germany and spain it's illegal to home educate.

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blacks is a reference to the blacks law dictionary and not any derogatory term.

 

Then make yourself clear - Blacks is also yankee crap and of no relevence in the United Kingdom.

 

I don't have to prove anything to some bubblehead.

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still the insults. and for what reason? what have i done to you? have i been rude or insulted you in some way?

 

if you read the thread or even the post properly you might have realised what i meant.

 

a uk barrister QC said blacks law was relevant and valid. most uk lawyers will have one. many countries, especially commonwealth are based on the uk legal system.

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still the insults. and for what reason? what have i done to you? have i been rude or insulted you in some way?

 

if you read the thread or even the post properly you might have realised what i meant.

 

a uk barrister QC said blacks law was relevant and valid. most uk lawyers will have one. many countries, especially commonwealth are based on the uk legal system.

 

Blacks is an American range of books.

 

Blackstones - Now thats a range of books most people involved in the law will use. They can be very expensive too.

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so caggers think the banks are corrupt but not the legal system which protects the bankers? i dont get it.

 

what do you guys think about the documentary 'the corporation'?

 

Not sure.

 

Can you provide details on the High Court case like you said please.

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i may have made a mistake.

blacks [law dictionary] certainly says natural person. i'm not sure if it says human being, those were my words.

A natural person is a human being. So a "person" in law is a human being.

 

However the law also recognises:

 

there's also several other definitions
.

As in the instance of corporations. They too are legal persons. But that doesn't remove the fact that all human beings are persons.

 

acts, statutes and byelaws only apply to persons.

Which means every human being.

not all human beings are persons.

Yes they are. I have already challenged you to provide a reference in law to back up this claim. I'm still waiting.

 

i'm not for instance.

Yes you are. You may wish the law was different but it isn't.

 

is the queen a person? does she have a birth certificate?

 

I have no idea if the queen has a birth certificate. Whether or not she does or does not, does not alter the fact that in law you are a person.

do you own your car and kids or are you the registered keeper or legal guardian?

This has been done to death on tpuc. Jargon Buster published correspondence from the DVLA where they admit they do not become the owner of registered vehicles. Look at DVLA's website it says normally the RK is the legal owner.

You are being brainwashed by the likes of John Harris. He has failed in his attempts at fotl. He has been made bankrupt by HMRC and there are rumours he is now being bankrolled by Ray St Clair an out and out con man.

FOTL is nothing more than a cult.

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GLA vs rebecca hall, brian haw, barbara tucker, etc.?

 

it shows that there's some odd business going on.

 

justice isnt even seen to be done. the court sat in chambers after one outburst towards the end of a 7 day trial. the previously well behaved public have been excluded.

 

some defendants have not been properly heard and excluded even though there has been no disrespect. whilst the judge has confirmed he has an oath, he has refused to say whether he is operating on it. preferring to leave the court when asked or put on his oath. he is dishonouring the queen and could be arrested.

 

it's a private 'de facto' commercial court held purely to generate revenue and get a job done whilst trying to give the impression that justice is served. pure theatre.

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whilst the judge has confirmed he has an oath, he has refused to say whether he is operating on it. preferring to leave the court when asked or put on his oath.

You are especially aren't you?

How many more times? there is no requirement for a judge to provide evidence of his/her oath in court. You may not like that but that's how it is.

 

he is dishonouring the queen and could be arrested.

Well in that case arrest the judge and see how you get on.

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including this case, i've now seen a judge leave court on 7 separate occasions when asked for or put on their oath. it cant be because it's seen as disrespectful, because i've seen people violently removed for speaking out of turn and refusing to leave.

 

there may or may not be a requirement, but for the sake of expediency i cant see a problem with confirming their oaths.

 

we've tried to get a constable to attend so we'll see what happens when we do.

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including this case, i've now seen a judge leave court on 7 separate occasions when asked for or put on their oath.

This is a claim that we see many times by fotl followers. They often describe a judge or magistrate "fleeing" the courtroom when asked a question which the fotl consider puts a member of the judiciary on the spot. But it isn't so. Why would a judge fear a defendant? If the judges are corrupt as the fotl suggest they would not "flee" the court, they would either tell the defendant to shut up as he's talking nonsense or put him in contempt. Judges have no fear of such questions. But they are not obliged to answer them either.

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And of course therein the whole thing collapses: If there were a giant conspiracy, and they're all in it, etc... why should they fear being exposed by a few crackpot conspiracy theorists? Send in a few snipers, hack a few websites and the FOTL will soon be silenced, and nothing but a few distant memories will remain. It's been done with all kind of small ethnicities, animal species and political dissidents, it's not your average blogger who's going to terrify the system. :rolleyes:

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If the judges are corrupt as the fotl suggest they would not "flee" the court, they would either tell the defendant to shut up as he's talking nonsense or put him in contempt. Judges have no fear of such questions. But they are not obliged to answer them either.

 

 

so why are they leaving?

 

why arent they telling us to shut up or holding us in contempt?

 

i've been in tens of cases and i've never heard contempt mentioned by the judge. we are usually perfectly respectful and the judge often seems to have an increased respect for us because we stand our ground and refuse to be intimidated.

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And of course therein the whole thing collapses: If there were a giant conspiracy, and they're all in it, etc... why should they fear being exposed by a few crackpot conspiracy theorists? Send in a few snipers, hack a few websites and the FOTL will soon be silenced, and nothing but a few distant memories will remain. It's been done with all kind of small ethnicities, animal species and political dissidents, it's not your average blogger who's going to terrify the system. :rolleyes:

 

 

this isnt a few crackpots. it's the fastest growing movement i've ever seen. ordinary people with open minds instinctively know there's something fishy going on.

 

most previous campaigners have been fighting the legal system. this is questioning the validity of the legal system.

 

you cant deny that:

this is a common law jurisdiction, ask an policyman.

you accuse yourself when attending court as the defendant, ask any lawyer.

there's no lawful obligation to enter the dock.

like policymen, judges have oaths which they refuse to honour and prefer to leave court.

members of the law society are bound to deny that which questions their existence.

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this isnt a few crackpots. it's the fastest growing movement i've ever seen.
You haven't been round CAG long then. THAT, the bank charges revolt, was the fastest growing movement you've ever seen, and to date, it has some rather more spectacularly visible results than the FOTL delusional cultish behaviour. And, unlike the FOTL, we can show those results, and do.

 

At the risk of sounding conceited, when you end up on the Tonight programme with 8 million viewers to talk on how you defeated (at the time) 3 huge banking corporations, THEN you'll be able to talk down to me on "open minds".

 

A fast growing movement? Yeah, so were the conspiracy theorist movements on the 12th of September. :rolleyes:

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