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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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Advice on Speeding NIP !!!


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Hi,

 

Received an NIP in the post on Saturday claiming I was caught speeding on the 8th of Oct.

We are pretty sure it was my wife driving and not me, but far from 100%.

 

They claim we were doing 36mph in a 30mph zone. Both surprised as we genuinely are not speeders. Infact where they caught us it is always so busy you cant speed due to car in front.

 

It was one of those mobile vans with camera out the back that clocked us, but i can say that at that time of day on that road/area 100% would have been other vehicles within a few feet of both front and rear of my car. If i request photo to help identify which one of us it was, can other vehicles in pic be used to contest this????

I asume the mobile vans are not classed as fixed camera although dont think they are gatso either.

 

Thanks for any advice on this.

 

Matt

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Macmilm,

Firstly your NIP has been delivered in time - so no get out clause there.

 

Secondly , you can request the photos to I/D the driver; as the offence is usually filmed from the front with the speed vans. Although they can detect speeding when the vehicle is travelling away from the van. It just shows as a minus speed i.e. -36 mph. That again is legal. Some forces have the photos on line - read the bumph that came with the NIP and see if you can view on line. Although you can request the photos, you still have to return the NIP within the 28 day time limit; nominating the driver. Also photos are the only thing that you can request. Some people say you should ask for maintenance redords and traing records etc. The TRUTH of the matter is that you cannot request anything further at this stage. Everything else is covered by the Magistrates Court Act ( Advance Information Rules ) and you can only get further info once you have had a court date and the pre-trial meeting. Then CPS have to send you all the info you request prior to the summary trial.

 

Hope this helps.

 

Cheers - Scousegeezer

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Thanks 4 reply. I dont think i worded my post correctly. I was meaning other vehicles travelling in same direction as me (not other side of road) just dont know how accurate the cameras are to say exactly which vehicle they detected e.t.c

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Macmilm,

They are accurate. The way it works is that the operator has to watch the traffic and judge which vehicle is "speeding". He /she then trains the camera onto a specific vehicle, for a few seconds to get the correct reading and also to get the vehicle recorded - to i/d the vehicle and get VRM. They are not allowed to scan all vehciles as that is regarded in much the same way as random breath tests and is not allowed. So ther has to be a human element of judgement involved. When you get the photos back, I can more or less guarantee; that your vehicle will be the only vehicle in the shot that is used to prove the speed. There may be other vehicles in another photo but the one that proves the speed will be concentrated on your vehicle.

 

Cheers - Scousegeezer

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I managed to look at pics online.. didnt realise you could do that.... It proves it was my wife (woohoo, i'm off the hook) but there is a smallish bus directly behind her by only a few feet on the picture used to prove the speed. Still dont think there is anything i can do though. Funny though on the speed on the photo it says 37mph whereas the NIP the put 36mph.. lol

Cheers for your help anyway.

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Macmilm,

All is not lost. It depends on which camera partnership covers your area, but; they may allow your wife to attend a speed awareness course. This however depends on any prev convictions and what tolerance they have for their course.

 

Cheers - Scousegeezer

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As the NIP says 36.....she may get lucky. If she names herself and says yes its a fair cop I admit it was me driving and I admit to the offense on the NIP you never know they may not look at the photo and just process it through...they have a lot of paperwork...

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