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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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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.
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      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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Scare2010, have you resolved your own problem now? You've been quiet on your new thread for a few days now.

 

HB

 

Hi, I'm still in the early stages, so I got my initial letter asking me to give my side of the story, I have done that, just sent it off, now I just have to sit and wait.

:-s

I will keep you posted

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Also thanks wriggler for your comments, you didn't anger me don't worry, just annoyed with the system at the moment. Thoroughly understand I am in the wrong, and I am not excusing my actions, but some times it's the good people in the world that get s**t on, and sometimes you just have to do what you have to do in order to get by. And now with student fees rising, for me to carry on my course is probably going yo cost me another £50,000 ontop of the £15 I have already paid ( luckily I started my course before the first top up fees were put in place) but st the end of it all there are no jobs as the government has slashed budgets everywhere and no one can afford to build.

 

Sorry I realise all you guys are against people like me, but I just wanted to say it's not so black and white

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Why do so many people come on this forum with the same old excuses, I forgot my travel card, I accidently used my nans freedom pass, I dont speak English very well, how can I appeal against this unjust nasty fine, the ticket collector just wanted to rip me off, the fares are too dear I cant afford the fare as I am a student, low paid worker, need to spend money on beer etc

 

I dont work on the railway or tube system I am just an ordinary commuter

who pays £44 a week on a 1-5 zone travel card, yes its expensive but its my choice to work so far from home.

 

If I was stupid enough to lose my card which is difficult bearing in mind I travel on a bus, two tube lines, overground then another bus, I woudnt expect some hard pressed ticket collector who has heard the same story 100 times that day already to have any sympathy for me and why should he?, I would expect to be treated as a potential fare dodger and get a fine

 

How many people here whould expect to take a chicken from Tesco without paying and expect the store to let you off as you forgot your purse, fare evasion for what ever reason is the same, it's stealing, FGS most of us use the travel network everyday we know we need to pay for it

 

So sorry I have no sympathy for yet another whiner caught in the act and trying to wriggle out of it

 

The foregoing by Madamfluff is, I believe, an expression of the opinion of the vast majority of the travelling public. It is why RPIs, ticket inspectors, Senior Conductors etc get the support of the 95% of the travelling public who pay their fares and expect everyone else to do so too.

 

It doesn't excuse the faults that are clearly apparent in many areas of our public transport system,

 

It doesn't excuse the high fares that are chargeable too often,

 

However, it does recognise the simple truth that you can only expect take the service if you have paid for it. Thank you for a dose of commonsense.

 

I believe that I have always acted in what I hope is a fair manner and where I have been vested with the authority to make any decision, whether or not any prosecution proceeds has and will always be based on merit.

Edited by Old-CodJA
corrected grammar
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Sorry I realise all you guys are against people like me, but I just wanted to say it's not so black and white

 

I think that most of us are long enough in the tooth to not be 'against people like you', but against the 'offences' committed.

 

One conviction for fare dodging does not mean that 'you' are a 'bad person', just that you did something that was wrong. It is the action that is judged, albeit it is the person that is punished.

 

I have yet to meet a 'defendant' that was totally evil, nor a prosecutor, witness or friend that is totally 'good'. I expect that if we looked hard enough, we could convict Mother Theresa of something, and find that Hitler could be quite charming if you ignore some of his naughtiness.

 

I had a client (very briefly, just a quick few words and into Court) who told me that the Magistrates wouldn't like him because of his colour. I assured him that was not the case, he was surprised to find three Magistrates from three different ethic groups, who only made remarks about his actions. They did not presume, nor would I, to make general judgements about what 'sort of person' a defendant is.

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Good point, when I was being interviewed for the Bench and in a pretty conservative district, one of the first questions was "are you prejudiced?" now could see right through this so said "yes", concerned faces from the panel, "usually at the state of my daughter's bedroom!" smiles all round. But the point about appearance/origins etc is good, the bench looks at the actions and the responses

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