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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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    • If you are buying a used car – you need to read this survival guide.
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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. 
       

      Many thanks 
      • 81 replies
    • 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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Unsafe working conditions.


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Night Owl,

I am appalled that you find yourself in such a situation. After Margaret Haywood's treatment by the NMC, it's a wonder that any nurse raises her head above the parapet.

This must be a tough one for you. I admire you for making a stand but you must be torn between doing what is right and compromising patient care further. I'm not criticising you for this; you seem to have tried endlessly to highlight and deal with the issues. Part of me wonders why your colleagues are not standing with you in solidarity. It would certainly focus management attention and make the public (rightly so) aware of the issue.

It will be interesting to see what the whistle-blowing policy is post-Margaret Hawyood.

Me. Well, it's easy for me to say, but I would think about how I would feel if it was my loved one in the bed. After following the official line, I would resort to sub-version if necessary, alerting MP/press. The public would applaud you for it. However, you risk your career.

Please let us know how things progress. I wish you well. It's probably of little consolation, but I'm on your side.

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I have a question. Is there an accurate record kept of who is on duty for each shift, including a breakdown of personnel - viz. trained nurses, bank nurses, HCAs etc? How long is this information kept and is it available via Freedom of Information?

 

Do hospitals have policies which state the preferred ratio of trained nurses to patients on particular wards? I'm assuming there is no legal obligation to ensure that a minimum number of trained nurses need to be present on a shift?

 

Many thanks.

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Yes, good luck Night Owl. I am not in your field but whatever job I did, if I was left with nobody to accompany me as my witness and for support, I would cancel the meeting and no amount of sweet talk would change my mind.

 

Let us know how things go.

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There will be many non-nurses following this post with interest and fully supporting the actions of Night Owl.

 

NurseAnne is wrong. The public are not fools. Lots of us who see our relatives suffer and die at the hands of the NHS do not blame the nursing staff directly and we do complain to management and see it as their responsibility to ensure that staffing levels are sufficient. The management's response seems always to be that they have 'changed procedures' or some such nonsense....and then the same failures recur, because ultimately the root causes (understaffing being one) are not addressed.

 

I have read parts of the blog and I found it quite offensive; slamming the Daily Mail, (believe me it is not the only newspaper reporting negatively on the NHS), bitching about 'over concerned' visitors and whinging about the pay of other professionals. Do you really expect family to stand by and say nothing when they can see their loved ones in pain? I hope you are never on the other side of the fence. In a service industry, it will be always those in the front-line that come under attack. This is not exclusive to the NHS.

 

Night Owl has encouraged visitors where appropriate to complain to PALS. The current complaints system favours management cover-up and evasion. It is not in the management's interests (personally) to expose the truth. Look how many months Mid-Staff and Essex were a problem before becoming public. The CEO of Staffs walked away with six months pay I understand. Believe me, many of us are wondering why he was not prosecuted.

 

I completely understand the frustration that Night Owl must feel and what a tough decision she has made in taking this stand. It is not only the nurses who feel that they are banging their heads against a brick wall trying to change things for the better - the 'concerned' public feel this too. Perhaps, together, we will succeed.

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I have never been abusive to any member of the medical profession whilst visiting my relatives, although I have been shouted at by a nurse when I asked for a bedpan for a relative. I have also never witnessed, in over two years of daily visits, seen any other relative shouting abuse or going beserk. I'm sure it happens, but I wonder how long the fuse has been burning.

 

People generally do not formally complain because they feel they or their relative may suffer as a result (and it can), they don't want to make a fuss or they simply do not think that it will make the slightest bit of difference. It is a sorry state of affairs.

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  • 2 weeks later...

I reply to Zippygbr's comments from the 22 December.

 

so the 10 + years of direct , personalised , abuse and agressive behaviour i have witnessed or experienced was all fantasy?

 

the public do blame Nursing Staff - FACT!

I don't think you could have read my comment fully. I said I had never witnessed abuse or attacks on my two years of visiting. I didn't say it did not happen. I have a close relative who is a nurse, who has worked on various wards in various parts of the country, and she has never been attacked or abused. I'm sure A&E on a Friday and Saturday night can be hell.

 

it does not need a nurse to refill a water jug when the jug is there and there is a clearly signed chilled water fountain and clearly marked ' this tap is drinking water' above the cold tap on many of the sinks ... an empty jug at the beginning of afternoon visiting is a good sign ! - it shows that he patient has drunk at least a litre so far today ...

is it beyond the abilities of a mere mortal to spread out a blanket which is folded at the foot of the bed ?

Yes, it does if the person laying in the bed is not able to assist themselves. An empty jug is not a sign that a patient has drunk a litre! There were many occasions when I visited and there was either no jug or no glass...and the fluid chart was blank too. I became so fearful and anxious about the neglect of my relative that for two weeks I sat for six hour stints without moving from the bedside. Not one time outside of meal times (and even then it was not consistent) did any member of staff assist any patient (in need of help) with fluids.

One time I arrived to find my relative shaking with cold beside an open window . I often fetched extra blankets when I saw my relative was cold because there were too few nursing staff to notice individual's needs.

 

the difference is that t other professionals are not expected by the public and the press to stand there and be a punchbag

How self-obsessed are you? How about fireman, ambulance crew, police, teachers?

Feeling so embittered must surely have an impact on your patients.

Night Owl is trying to take positive action to change things for the better. I don't think Nurse Anne's blog will have the same effect?

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NurseAnne

 

I have consistently commented in my posts that I recognise understaffing to be a major, (but not the only cause), of declining standards of care in our NHS and I rest the blame on this stupid Government and those that manage our hospitals.

 

I'm sorry to hear that your husband has a chronic illness and that your son has special needs. I'm sure you have enormous empathy with your patients. I'm not questioning how tough your job is or how hard you work.

 

I am intrigued to know how you think your blog will help? As a member of the public I found it alienated me from the nurses' plight.

 

I desperately want things to change for you and the patients - one of which I may be one day.

 

I note you mention that in the States there is a legal requirement for a trained nurse to patient ratio. This is something I previously considered when my relatives were in hospital. It would be a way of making the management accountable.

 

Perhaps the NHS should be dismantled? It was a great idea of Mr Bevan's, but the world has changed. The NHS seems to be so heavily abused and no organisation that the government has a finger in seems to be well-run.

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Night Owl

I think many people who make a stand against what they see as unfair or unjust or plain wrong, get slowly worn down by officialdom and eventually give up. This would be exactly what they want. I can only imagine how frustrating this must be for you. I hope you don't give in. Good luck.

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NightOwl

 

If I wanted specifically to know who was on duty on any particular shift during one year how would I word a Freedom of Information request? I want to know what the trained nurse to patient ratio was - I do not want HCAs, matrons or any other members of staff included in the statistics.

 

For how long would you think such records would be kept?

 

Also are you actively encouraged to raise incident forms when you are understaffed or is there another method that allows you to raise your concerns in a formal way that is recorded?

 

Many thanks.

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Yes, thank you Night Owl, it does help.

 

I think it is wrong that the management should decide on the minimum number of trained nurses to patient ratio. I'm presuming that this can change from Trust to Trust.

 

Rather than the pledge of allegiance for nurses that has been tabled, (you have to wonder at the dullards that came up with this idea), I would like to see a legal obligation on the trained nurse to patient ratio (and this I would like to be proposed by the existing trained nurses) across the NHS, with management held accountable if it fell below.

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