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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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Dog Attack - - - Advice Needed, Please.


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this is the last thing ime going to say on this thread

 

on my delievery, i know all the dogs

 

i have dog biscuits in my van.

 

in my case, the house holder had a cage behing the door

 

i did not know he had taken it down

 

people who are making fun of dogs and fingers kindly stop.

its not funny.

 

enough said

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It's my understanding a sign may not be enough to absolve you of liability should someone suffer injury or damage on your property. This issue has cropped up a few times on the Traffic Offense/Parking forum - one case concerned warning notices put up in a hotel warning of theft from vehicles - vehicles parked at own risk was the notice. They were still liable if they failed to warn vehicle owners that thieves were know to operate or they'd had a spate of thefts from cars.

 

In this case I think the owner had reasonably restrained his dogs. If however (and proving it would be difficult) the dog has a history of doing biting or attacking delivery people (e.g. the postman) then you could have a case.

 

Another angle that you may not have consider is the Health and Safety Act. If you were injured during the course of your employment then technically this should be reported to the HSE. Your employer is supposed to ensure you have sufficient skills and knowledge to highlight any dangers that you may encounter in the course of your work. You also have a duty to ensure that you get the necessary training. In this case it sounds as if your employer has been negligent (the Royal Mail obviously knows to brief its employees -why not someone delivering leaflets.) It sounds as though you were not warned of this danger. To some it will seem like commonsense but I will put my hands up and say I wouldn't have thought about it (and I delivered papers in my youth).

 

You may or may not have a case against the dog owner. I would suggest you look at case for compensation from your employer.

 

pin1onu;2645449 - many thanks that is all fascinating advice, which I shall ponder over. The "employer" thing won't work though as I was delivering for someone on a voluntary basis. Possibly therefoer a no goer - but worth seeing what others say. :)

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All puerile, sarcastic and insulting posts have been removed, as have all instances of bad language.

 

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this is the last thing ime going to say on this thread

 

on my delievery, i know all the dogs

i have dog biscuits in my van.

in my case, the house holder had a cage behing the door

i did not know he had taken it down

people who are making fun of dogs and fingers kindly stop.

its not funny.

enough said

 

I apologise for my sarcastic post earlier (which has been deleted).

I have been rightly Cagbotted.

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Wow, more posts in one day for quite a while!!! Having dealt with a claim like this recently I will throw in my two penneth!

 

You probably do have a valid claim. However, it will not be against the dog owner. It will be against the company that you delivered the leaflets for. Although you were a volunteer, you were acting under their control (carrying out instructions) as if you were an employee. The company has "a non-delegable duty" to ensure the safety of their employees. Unless they have explained to you the dangers of posting leaflets, and how to minimise the risks they will at risk should the matter litigate.

 

I am suprised the solicitor has not gone down this route...

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According to the OP he did. The police should have learned from the Liverpool tragedy.

 

No he didn't. I have no doubt that the OP gave a truthful account of events and admits he has no idea what breed of dog caused the injury. He had no reason at the time to believe it was an illegal breed and has not tried to embellish the tale in claiming so. For some reason other posters have wanted to add this idea.

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No matter what I say I seem to have brought out anger in some posters on here who appear to have enjoyed using me as a scapegoat for their internal private frustrations. I wonder how many of these posters are in fact the same one?

 

My crime?

To try and get a twisted leaflet (that I was delivering as a favour to a loved one) through a stiff letterbox - I admit this and I had no training of how to go about such a business but why I have been treated so poorly by my own species on here is beyond me.

 

My punishment?

 

Loosing a part of my finger very frighteningly and with much pain.

 

I simply asked for a little advice over the legalities of the issues and received hate, scorn, mockery and abuse from those who’s motives and agendas I seriously question.

 

Give me dogs any day!:)

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He had no reason at the time to believe it was an illegal breed and has not tried to embellish the tale in claiming so. For some reason other posters have wanted to add this idea.

 

Yes - I think it's called: being set up!

 

To this day, I do not know what attacked me.

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No matter what I say I seem to have brought out anger in some posters on here who appear to have enjoyed using me as a scapegoat for their internal private frustrations. I wonder how many of these posters are in fact the same one?

 

Please don't let it get to you. There are some decent people who will try to help you and not make judgements.

 

If you get any replies that are unpleasant, insulting or not relevant please click the warning triangle on the post and report it. As was seen earlier in this thread. The mods will take action.

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Please don't let it get to you. There are some decent people who will try to help you and not make judgements.

 

If you get any replies that are unpleasant, insulting or not relevant please click the warning triangle on the post and report it. As was seen earlier in this thread. The mods will take action.

 

Thank you - I just do not know why folks got so nasty with me over this. I am a dog lover and my first reaction was that I did not want the dog blamed in anyway. I told that to the police. I just thought it was so wrong that a person doing a favour in delivering leaflets could be so badly injured. And the owner must have heard me screaming outside his door in pain and saw the blood in the porch etc. When I went back minutes later he was clearly NOT surprised to see me. After his initial peep at me he virtually closed the door in my face. I got the distinct impression that this was no big deal to him. I was also worried that a kiddie could get the same treatment as paper boys and girls do struggle as I did to get thing past the stiff letterboxes and especially the new ones with brushes. There was no barking or warning.

 

I am sorry if my injury has offended some posters and I will be more wary in future. I had never done this task before.

 

I will have to think about this again and possibly seek recompense off the party who owned the leaflets.

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Thank you - I just do not know why folks got so nasty with me over this. I am a dog lover and my first reaction was that I did not want the dog blamed in anyway. I told that to the police. I just thought it was so wrong that a person doing a favour in delivering leaflets could be so badly injured. And the owner must have heard me screaming outside his door in pain and saw the blood in the porch etc. When I went back minutes later he was clearly NOT surprised to see me. After his initial peep at me he virtually closed the door in my face. I got the distinct impression that this was no big deal to him. I was also worried that a kiddie could get the same treatment as paper boys and girls do struggle as I did to get thing past the stiff letterboxes and especially the new ones with brushes. There was no barking or warning.

 

I am sorry if my injury has offended some posters and I will be more wary in future. I had never done this task before.

 

I will have to think about this again and possibly seek recompense off the party who owned the leaflets.

 

Again I would like to apologise for my sarcasm earlier in this thread. Childish and stupid.

 

I agree about not taking it further with the dog owner.

I also agree that it is perhaps the party who own the leaflets you should concentrate on.

You might want to politely ask the dog owner to put a cage over his letter box so this doesn't happen to anyone else in the future.

 

BobbyH

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You might want to politely ask the dog owner to put a cage over his letter box so this doesn't happen to anyone else in the future.

 

BobbyH

 

If you do ask the dog owner to do this I'd suggest doing it in person and not hand delivering a letter.

 

Mossy

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All puerile, sarcastic and insulting posts have been removed, as have all instances of bad language.

 

If you have any doubt as to my meaning, then I suggest that you re-aquaint yourselves with the Site Rules regarding making posts!

 

Forum Rules - Please read before posting - The Consumer Forums

 

Rooster-UK.

 

No matter what I say I seem to have brought out anger in some posters on here who appear to have enjoyed using me as a scapegoat for their internal private frustrations. I wonder how many of these posters are in fact the same one?

 

My crime?

To try and get a twisted leaflet (that I was delivering as a favour to a loved one) through a stiff letterbox - I admit this and I had no training of how to go about such a business but why I have been treated so poorly by my own species on here is beyond me.

 

My punishment?

 

Loosing a part of my finger very frighteningly and with much pain.

 

I simply asked for a little advice over the legalities of the issues and received hate, scorn, mockery and abuse from those who’s motives and agendas I seriously question.

 

Give me dogs any day!:)

 

Please don't let it get to you. There are some decent people who will try to help you and not make judgements.

 

If you get any replies that are unpleasant, insulting or not relevant please click the warning triangle on the post and report it. As was seen earlier in this thread. The mods will take action.

 

 

Okey dokey.. just popped in to stop some of the unpleasantness, but see Rooster beat me to it. :D

 

questioner, I hope that you have at least been given some sound advice, I notice Rooster has removed the more unpleasant posts.

 

How is your finger now ?

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I'm still watching this thread! :-x

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I'd sooner mess about on my mother's PC than mess about with a dog.

 

Or perhaps flame and troll along great sites like this where many people are actually seeking good advice?

 

I think your attitude is cold, unhelpful and I just cannot see what joy you in fact get from abusing CAG site like this.

 

Regards to your mummy :)

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Again I would like to apologise for my sarcasm earlier in this thread. Childish and stupid.

 

I agree about not taking it further with the dog owner.

I also agree that it is perhaps the party who own the leaflets you should concentrate on.

You might want to politely ask the dog owner to put a cage over his letter box so this doesn't happen to anyone else in the future.

 

BobbyH

 

I believe that the owner put wire box on plus warning signs 'after' the warden went to advise him of the dangers ,subsequent to the attack.

 

Yes - I agree about the leaflet people and I have asked the solicitor to look into this.

 

Thanks :)

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I never offered any advice pal - and I didn't mean to bring it down to a slanging match - I was just having a bit of banter - surely you're okay with it though as you sure give as good as you get!

 

How is your finger anyway is it getting better?

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Sorry but “banter?”

No “pal” your post number 10 was uncalled for and distasteful. You have no idea what I was or was not delivering and to call it “turd” is disgusting.No matter what your opinion of my misfortune may be, your rude response was totally uncalled for.

You are correct though that I do give us good as I get and who knows – one day you may be glad to have me on side.

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