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    • Not sure about the lease read through all the documents i have and couldnt find anything about parking. Contacted the management Office to get a copy sent to me. When i complained to them about the ticket they told me to appeal so they clearly don't care.      and yes it's a gated underground parking area with key fob entry. 
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    • Oh and before bed   Officially leaked statements about a PHE report claiming that a UK study will say there is little evidence of children transmitting Covid.   Leakers stats look impressive until you realise he's on Johnson's SAGE so makes you think - huh - hows that then when all the science I've seen says different, and there are a number of reports of spreads in schools across the world from schools that had opened.   Then, little as the information 'leaked' is, you see   "largest studies in the world on coronavirus in schools" and then "The study was carried out in 100 institutions in the UK and is expected to be published later this year. About 20,000 pupils and teachers in 100 schools across England were tested to monitor the spread of the disease up to the end of the summer term – which runs from April-July in Britain."   Then you click. That averages 200 pupils and staff per 'institution' checked We dont know what these institutions are, but I think over 200 is the average for infants schools. Other schools tend to be FAR larger. Did they test everyone at each institution, or just some ??? we don't know yet - they are choosing not to leak that - Wonder why?   We currently understand that younger children (pre teenage) seem to present few/less symptoms  (statistically) but large increases in teenager covid has been reported as lockdowns ease and they start to meet more.   I know my OH's grandson (mother a nurse) has remained at school in classes one third or less that normal, with the majority of kids having front line worker parents - so well aware of the discipline and hygiene necessary. We know the schools maintain distancing, monitoring and maintenance which would be IMPOSSIBLE in normal class sizes.   So in a lock down situation, with class sizes significantly lower than normal (highly aware front-line workers kids mainly), increased distancing and cleaning made possible by SIGNIFICANTLY smaller class sizes - Has maybe resulted in no great evidence of covid spread perhaps?   Well Whoopy do. Lets ramp the class sizes back up to 30+ and see what happens ..     Lets let the mail lead the way Coronavirus infection rates are rising in ALL age groups under 65, Public Health England data shows with biggest surge in under-fives which 'should be watched very carefully' https://www.dailymail.co.uk/news/article-8615423/Coronavirus-infection-rates-rising-age-groups-65-Public-Health-England-data-shows.html     and the ONS stats showing how similar the stats are (a statistically significant  difference can be very little actual difference)   https://www.ons.gov.uk/peoplepopulationandcommunity/healthandsocialcare/conditionsanddiseases/articles/coronaviruscovid19infectionsinthecommunityinengland/july2020     Notes: These statistics refer to infections reported in the community, by which we mean private households. These figures exclude infections reported in hospitals, care homes or other institutional settings.  
    • i understand and agree you should write a formal letter of complaint about the email by royal mail.   i also think you should totally dispute the arrears balance, esp as it goes back so long   send them an sar and add to the text in it that you want statements/bills dating back to the gb energy a/c.
    • When you see the reports coming out that serco was involved from the earliest stages apparently to give expertise   and that resulted in 18 million plus people coming back into the UK untested from hotspots .. and then even the general advice to self isolate after they had travelled across the UK home being withdrawn in the run-up to the lock down   That went well says cummings      
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
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Due to an oversight - forgot to renew my wife's blue badged. We had a parking ticket issued last August. Okay, we should have dealt with it sooner but events have been somewhat hectic with heath issues and other things that have just meant that it was not treated as an immediate priority.

 

Anyway, a few weeks ago, my wife received a letter form Marston Group, requesting that we pay £80 plus a fee of £12.88 for sending the letter. This had to be paid in one lump sum - and the letter made it clear that no offer of instalments would be accepted.

 

Without any further letters, or any visit, a "Final Notice" was pushed through my door at around 6am this morning by a Mr Warlow, who I understand is a certified bailiff registered with Birmingham Civil Justice Centre. This notice stated that the total due is £320 - which means the sum of £217.12 has been added without any explanation.

 

Now my limited understanding of these issues is that a scale of fees applies, and that a "first visit" should be charged at around £25. Although I would dispute that any visit has even taken place as the notice was simply posted through the door without the person even knocking. How can delivering a notice be classed as a "visit"?

 

So, my wife then contacted Marston's and complained about this, and also reminded them that the car is a Motability car, and that she is therefore disabled. We also confirmed that we are on Tax Credits and she is on DLA, therefore the logical solution was to return the file to the court, and we duly contacted the local authority to discuss some resolution - although they have not yet got back to us.

 

We also reminded them of the Department for Constitutional Affairs Enforcement Guidelines regarding vulnerable people - and stated that we intended to make a formal complaint about the excessive charges added by Mr Warlow, and the circumstances of this "visit".

 

Anyway, Marston's sent a letter confirming that they had opened a complaint, and that they would respond when they had completed "stage 1". We were therefore shocked when we had an unannounced visit from Mr Warlow yesterday afternoon (5th Aug) to "discuss [her] complaint".

 

I told him that we would not discuss the matter on the doorstep and that the matter was now being investigated by Marston's and Derby City Council, and I closed the door. However, he refused to accept that, and continued to knock on the door and make loud comments on the doorstep that the matter must be discussed.

 

After a short time I answered the door again, and he said that he wanted to "sort things out" and asked what the complaint was about. I advised him again that the complaint was perfectly clear and that his office had a copy. He then wanted to take my wife's National Insurance and telephone numbers - which I refused to give, and again stated that we had no intention of discussing the matter on the doorstep.

 

He eventually left - interestingly without leaving any further documents.

 

A Form 4 is now winging it's way to Birmingham Civil Court Centre, a copy of which will also be filed with Derby City Council.

 

If Mr Warlow's visit was off his own back then it is an extremely serious issue - if it was made as a result of Marston's complaints process then it is of even more concern. I would certainly consider that sending the person about whom a complaint has been made to the complainers doorstep is clear harassment and intimidation.

 

His action in remaining stood at our door knocking and making loud comments (which could have been overheard by neighbours), after being clearly told that we were not prepared to discuss the issue, further compounded this harassment and intimidation. These actions cannot possibly be compatible with the Enforcement Guidelines relating to vulnerable people.


Alan, Derby, UK.

 

 

 

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Go back to the beginning.

 

Have you had a Notice to Owner, Charge Certificate and Order for Recovery?

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Oh almost certainly - but I am not disputing that anything has really been done wrong until Mr Warlow got involved.

 

The original offence was due to an oversight - and we should not have taken our eyes off the ball however much other stress we were going through at the time - but such is life, and we are happy to pay the amount asked for by the court.

 

However we are not happy to pay unlawful and excessive charges on top - and we need time to pay.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

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Some interesting developments.

 

Firstly, just to say that a Form 4 complaint was filed over this with Birmingham Civil Court. This was acknowledged on 10th August, so Mr Warlow had to respond to the court by 24th August.

 

So far Marston's have failed to respond to this complaint - apart from an acknowledgement that they have received it and will reply when they have completed their investigations.

 

Very strange then, that yesterday morning a "Warrant of Execution" arrived by second class post - whilst it is undated, the postmark on the envelope is Walsall 28/8/09, so it was clearly posted by Marston's.

 

The Warrant gives the "Amount due (including court fee and any adjudication costs)" as £80. It makes no mention of the charges that have been levied by Marston's, and Mr Warlow.

 

So, the question has to be asked as to why they have suddenly decided to send this Warrant out. Also, since they only served this on my wife (by second class post) last Friday - surely any sums that they have levied BEFORE the warrant was deemed served, cannot stand. Of course, that is notwithstanding the issues over the amount of the charges levied, and the question about whether a "visit" has ever actually taken place.

 

Having said that, there is a further question about the service of the Warrant. County Court procedure clearly states that service of documents should be at least by First Class mail - so technically it may not even have reached us yet!

 

Anyway, yesterday an application went off to Northampton to have the Warrant suspended, and a request to pay by instalments. It will be interesting to see what happens next.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

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Alan,

I am so sorry because I had not noticed this question and would have responded sooner.

 

Before responding at length can you please confirm something for me.

 

You say that the amount on the Warrant is £80. Can you confirm that this is the case because this would mean that Marston Group have NOT applied the legally required Court Fee of £5 for registering this debt with the Traffic Enforcement Centre.

 

Can you then telephone the Traffic Enforcement Centre on 08457 045 007 ( they do NOT answer quickly !!) and ask them to confirm to you that a Warrant has been issued and you will need to also ask them to confirm the date that the Warrant was authorised. You will need the PCN number.

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Will do - cheers - although I have sent them a copy of the Warrant with the N245.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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You say that the amount on the Warrant is £80. Can you confirm that this is the case because this would mean that Marston Group have NOT applied the legally required Court Fee of £5 for registering this debt with the Traffic Enforcement Centre.

 

Yes - it says "Amount due (including court fee and any adjudication costs) £80.00"

 

Can you then telephone the Traffic Enforcement Centre on 08457 045 007 ( they do NOT answer quickly !!) and ask them to confirm to you that a Warrant has been issued and you will need to also ask them to confirm the date that the Warrant was authorised. You will need the PCN number.

 

It has been issued, and was authorised on 3rd July. As I noted above, it was not received until Tuesday (1st Sept).

 

 

 

I have now attached an edited copy of the warrant.

Warrant.pdf

Edited by alanfromderby

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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On the one hand I am disappointed - on the other hand the ball is now back in Derby City Council's court as I had expected it would be, and at least they are obliged to properly discuss the issue.

 

The court have accepted the explanation of the bailiff - however I am shocked that the judge did not question the fact that he has only provided generic paperwork with his submission - and the statement he has made to the court contains several things that are at a considerable variance with our version of events.

 

Clearly the judge has decided that my wife is a liar - and that Mr Warlow is a perfect human being that would never tell fibs. Since the judge has never met my wife, and has clearly decided he does not believe it to be necessary, I am at a loss to see how the Form 4 complaints process is supposed to be fair.

 

I am also amazed that the bailiff has been allowed to completely ignore the issue of the excessive fees in his response. The only reference to the charges was made in the submission by Marston's, and even that did not mention the amounts, it just noted that the fees were in line with legislation and that since the Warrant had been sent back to the court it was no longer an issue anyway.

 

Clearly the Form 4 system is geared in favour of the bailiff, since it does not have any process by which you can cross-examine the response that is made to court. The judge simply looks at the hundred, or so, words that you send in on the Form 4 - then he looks at the 100, or so, pages submitted by the bailiff and his employers.

 

It would seem then, that the only way of bringing these people to book is to ensure that the court gets swamped with complaints. It is only when they see a pattern emerging that there is any likelihood that a judge will treat your complaint seriously.

 

One final postscript - we have never denied that the offence took place, and we have never said that we are trying to avoid payment - just that we need time to pay, and wish to be able to discuss that with the Authority concerned as Marston's made it clear from day one that they would not agree to instalments. Yet the bailiff claimed that I had stated I should not have to pay this fine - and Marston's enclosed a copy of the above post as evidence of my admission that the offence had occurred. What this had to do with the bailiffs behaviour I don't know, but Marston's seem to be very well prepared for Form 4 complaints - just a shame that cannot put more time and resources into ensuring their bailiffs keep to the rules in the first place.


Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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I have pm'd you.

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