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    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • Right, my friend has just called me. He has indeed had to cancel bookings in the past from his end. There is a specific number for Booking.com that he calls.   After that Booking.com jump into action and contact you re refund and/or alternative accommodation. I suppose it's all logical - the party cancelling the booking has to inform Booking.com. So the gite owner needs to contact Booking.com on the cancellation number.
    • they are not FINES. you totally ignore all the silly fake civil restorative letters. they are totally powerless just the same as any DCA on any old debt. might be an idea to go have a chat with your GP in confidence as you recognise whats going on. dx  
    • pinging @Man in the middle looks to me you are on the correct track, you shouldn't need a sols. Programmable Search Engine (google.com) clickme^^ thread title updated dx  
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Close Possession


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Guest janensteve

I have a Baillif who claims that he did a close possession. There are no fees noting this nor any written indication. The Bailliff screwed up on paperwork, can he now retrospectively say that in actual fact he had levied by way of clsoe possession and if so, how can he evidence it ?

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Guest janensteve

yep, i complained to council about bailliff fees and they now claim that the bailliff levied by way of close possession.

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If the defaulter does not accept and sign the terms of the walking possession agreement and you are not able to arrange immediate removal, you can sometimes take close possession of the goods as a temporary measure.

close possession

Do this by leaving someone else in possession on the premises (for example a bailiff or another debt manager).

 

This method of impounding goods is expensive.

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Close Possesion Close Possession simply means that the bailiff will be left on the premises to guard the goods as a “possession man” to ensure that the goods are kept safe and are not removed.

 

Pinched from Tomtubbies site ;)

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Guest janensteve

So if a Baillif is merely at my home waiting for me to obtain my card detaisl to pay the debt, is that close possession ? I received no notice at the time that a close possession was in progress apart form observing the T&%T sit on my conservatory sofa.

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Guest janensteve

ermm, i did leave the house before he had decided to let himself into my back garden and open the conservatory door, whereupon a starled member of my family rang me on the mobile to advise that he was sat in my conservatory.

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Guest janensteve

i immediately returned. but still no documents offered or handed to me prior to payment in full by credit card

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ermm, i did leave the house before he had decided to let himself into my back garden and open the conservatory door, whereupon a starled member of my family rang me on the mobile to advise that he was sat in my conservatory.

your telling me he just casually walked into your home and plonked himself down and waited for you come home.. the cheeky son of a banker, still it still dosnt sound like a close possesion

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Guest janensteve

no, my home was locked, nbut the rear garden entrance to the conservatory was unlocked, though the doors from the conservatory to the house was locked, so he could not get into the house.

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yep, i complained to council about bailliff fees and they now claim that the bailliff levied by way of close possession.

 

 

What fees have been charged.

 

PS: Close Possession.......no way !!!

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Guest janensteve

£280.00 Van Fee (Now called Van/Abortive Fee in correspondence)

£ 24.50 Redemption of Goods Fee (now changed to 1st Visit Fee in correspondence)

£45.00 Levy fee (The debt to the council for Business Rates was £626)

39.02 Credit Card Fee

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Guest janensteve

i signed the "inventory of goods removed" with the endorsement as follows:-

 

"I hereby confirm that this inventory is an accurate description of the items which have not been removed by bristow and suitor and of their condition at the time of this notice."

 

The section that says "I request that they be held for a minimum period of 5 days abd until suitable sale date can be arranged" was deleted and across the entire document its says "VOID"

 

I also signed the receipt which was endorsed "I confirm that i have paid the money costs disputed" I deleted "willingly on behalf of the defaulter and that under no circumstances will it be refunded" Then i signed it, his copy says the same.

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i signed the "inventory of goods removed" with the endorsement as follows:-

 

"I hereby confirm that this inventory is an accurate description of the items which have not been removed by bristow and suitor and of their condition at the time of this notice."

 

The section that says "I request that they be held for a minimum period of 5 days abd until suitable sale date can be arranged" was deleted and across the entire document its says "VOID"

 

I also signed the receipt which was endorsed "I confirm that i have paid the money costs disputed" I deleted "willingly on behalf of the defaulter and that under no circumstances will it be refunded" Then i signed it, his copy says the same.

 

get a complaint into the council and the bailiffs and then file a form 4 complaint

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