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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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The Council should pay for not making the walkway safe during dangerous weather conditions


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I am of the strong view that for too long tax payers sit down on the issue that the council should not take responsibility for walkways during winter. As tax payers we should stop accepting these conditions.

 

Many of my colleagues have slipped and fell because the streets were not gritted during winter. Yes, it is the council's responsibility to keep our streets safe. It is not fair as a tax payer to have to take a taxi to and fro work because the council neglects to grit side streets. Too many have been injured and yes, the council needs to invest in snowmobiles even if it is for a short winter period every year as you can not put a price on the lives of people.

 

I would appreciate other views and whether we can petition this...

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I am of the strong view that for too long tax payers sit down on the issue that the council should not take responsibility for walkways during winter. As tax payers we should stop accepting these conditions.

 

Many of my colleagues have slipped and fell because the streets were not gritted during winter. Yes, it is the council's responsibility to keep our streets safe. It is not fair as a tax payer to have to take a taxi to and fro work because the council neglects to grit side streets. Too many have been injured and yes, the council needs to invest in snowmobiles even if it is for a short winter period every year as you can not put a price on the lives of people.

 

I would appreciate other views and whether we can petition this...

I am sorry that is not in their remit , their main concern is raising revenue to justify their jobs and pensions through parking and other penalties , non -profitable activities such as street gritting do not acheive this aim and as such would mean a massive increase in council tax to pay for it .Forget a big freeze ,The worst possible outcome would be a pay freeze ,your county Needs bureaucrats and quangocrats , otherwise there would be a rise in unemployment .

Only joking , if you feel that injuries have been caused by a failure of a duty of care by our local leaders , perhaps someone on here can suggest how to sue the weasels .

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  • 2 weeks later...

There is already a duty within the Highways Act for local authorities to keep pavements free of ice/snow.

 

Many councils already salt/grit the main high street pavements and outside schools. As for all other footways you must appreciate the logistical nightmare of trying to salt over 500 miles of pavement in each and every town. How long do you think that this would take? days? weeks? and by then the rain has washed away the salt and you have to start again. and think about who does the work, it will be the same guys who are fixing the potholes and trip hazards, if they are spending all their time salting then they are not fixing the pavements. Where does all this extra salt come from. Remember last winter?

 

Your statement is not a black and white question and answer.

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It's not just a logistical nighmare, it's a practical impossiblity. Can you imagine even in a town there would need to be hundreds of workers employed to do this as they can't just drive up the street throwing salt out. The street will be lined with cars so it would be a foot and wheelbarrow job.

 

So I don't think tax payers are sitting down on the issue, I think they are being realistic.

 

Why not ask them if you double your council tax will they come and do your road.

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we should have the german solution and that is the pavement outside your property is your responsibility to keep clear, trouble is too many people in this country are too idle to get of their backsides and clear their own pavements

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Weve got prisons,get the prisoners out clearing the snow! pay something back to society! the cons are sat in their cells nice and snug with three square meals a day!!!!! get them a shovel each and tell them to get ready for winter!!!:grin:

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I'd say we all agree with that, but it would breach there 'uman rights, or what ever else the Chakrabati's of this world could think up. They were sentenced to deprive them of freedom not to work.

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The solution for this issue is quite easy.

Of course the councils can not be responsible for cleaning the pavements because of the financial and timely effort. Anyhow, every house owner should be made responsible for cleaning the snow in such conditions. In most other country, which has such conditions even only from time to time, such procedures are in place. And how much would it an individual cost to clean 20 or maybe 50 meters of pavement? Half an hours at most with the right tools. And if they have kids, they love to play in snow anyway ;)

But I think this country is a total loss in such things. Everybody only complains that the pavements are not cleaned so that elderly people can not walk properly, but if you look in front of their own houses ... ...

By the way in other countries for such things is sand used to give the frozen snow grip and not salt. The reason: Salt melts the snow and then the water will freeze over making it even worse ;)

Have a nice day.

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mister t missing the original point that the council get paid council tax,part of which is to keep the pavements and roads navigable!:rolleyes:..we get a winter in uk every year,we aint on the equator,its the same story every year,thats why foreigners think we"re obsessed with the weather,i can remember years ago when folk were more community spirited people used to help each other,if ya had old folk living near you in a block of flats you went out and cleared the snow,tapped on their door to ask if all was ok etc,its true the ground roots of our society seem to have been eroded,how we can get it back I dunno but thats the problem..:-|

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what about outside my council flat ??

 

Outside our flat is very icy & I live in a row of flats above shops. we have cleaners & caretakers who never do their job properly & they are responsible for gritting outside the council flats.

 

They never & I mean never!! grit our bit, they grit the lower 2 floors but not ours.

 

If I fall over & end up breaking something would I be able to sue the council ?

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It is being reported in the media today that the Councils do not have a duty of care on pavements.

As for those that suggest we should adopt the regulations of some other countries and make it the home owners duty to clean the pavement outside their house, it says that if you do this and someone is injured, you can be sued.

 

This was read out on the press review on Sky News this morning and some links will follow if you can't find them yourselves.

 

http://www.telegraph.co.uk/topics/weather/6958131/Health-and-safety-experts-warn-dont-clear-icy-pavements-you-could-get-sued.html

 

Health and safety experts warn: don't clear icy pavements, you could get sued

Edited by Conniff
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what about outside my council flat ??

 

Outside our flat is very icy & I live in a row of flats above shops. we have cleaners & caretakers who never do their job properly & they are responsible for gritting outside the council flats.

 

They never & I mean never!! grit our bit, they grit the lower 2 floors but not ours.

 

If I fall over & end up breaking something would I be able to sue the council ?

 

The same with me, I have written to the council begging them to grit out side my block of flat to no avail.

 

These housing people are totally lazy and blinkered to tenants needs. I note that outside their premises and storage areas that they have rented out prviately are completely cleared of snow and ice.

 

There is a lot of elderly people living in council accommodation and these people do not care despite them putting people rents up every year.

 

I totally resent paying my council tax and part of it going to council employees guarantee gold plated pensions.:mad:

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yet we have a duty of care to remove large obstacles that could cause an obstruction. I had a sofa to get rid of last year & asked about how to get it removed they said its a £25-40 charge but they still expected me to take it down 3 flights of stairs.

 

I said dont bother & then left it out by the bins at the back of the flats.

 

Remind me again just what is Council tax for ?? part of it goes towards the Mayor of london. Why should we pay for something in london when we dont live there ??!!!!

 

& what does good old boris do this year ?? put up bus fares on Oyster only a 20% increase!!! did anyone get a 20% pay increase or benefit increase ??

 

NO ??

 

Thought not!!!

 

Right you can have the soap box back now :)

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80% of your council tax goes to Social Services and Education. You went to school and got a free education right!

 

too many people think council tax is all about what they can get, and forget about what they already have had.

 

OK Mr Government, I left school in 1989 & a massive £2.63 a week of council tax goes to that. I am more than happy with a council tax bill of £2.63 a week!!!

 

to break down the rest

 

46p refuse collection that is a terrible service round our way so think I will keep that & hire my dad to take me to the tip!!! :p

 

46p to secure 10M local investment for regeneration & local business

well if we get our kitchen done on the council regeneration program then I will happily pay that but as we have been told that despite our 2 stars that we wont be getting our money this year.

 

£1.10 for roads & car parking well as I dont own a car & the roads are rubbish in this borough I dont see why we should pay that

 

£1.10 environmental health

£1.45 for leisure & recreation (well we do have a lot of parks :))

£10.17 social services seems a lot but fair enough

£4.17 for other services complaints etc well all I can say about that is my council cost me £1500 in unpaid housing benefit due to me not being able to prove a bank account was closed. That was 3 years ago I have just got the rent up to date now

£1.56 waste disposal i think that should be more like £3

 

so I do understand what it goes towards I just think it should be less & considering how much money goes towards highways & roads they should be liable for if you slip badly even in severe weather conditions

 

good night zzzzzzzzzz

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