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    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
    • So, why do DVLA (via that leaflet) say 1) that S.88 MAY allow a driver to be treated as if they have a valid licence (after an application that discloses a medical condition) AND   2) before DVLA have reached their licensing decision ? (Since S.88 ceases to apply once they have reached a decision to grant or refuse a licence)
    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
    • Americans are already keen on UK-made coins, and the Mint said it has seen a 118 per cent increase in sales to the US since 2022.View the full article
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shop owner handcuffed and shop emptied for debt of £193


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The bailiff who visited my humble abode thought he was Del Boy. He had the same overcoat, tie and dodgy gold jewellery. The only difference is that Del Boy has a conscience!

no yellow 3 wheeler parked round the corner then ;)

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HCE - The only technicality that exists in civil parking enforcement is that the TEC cab register a charge (not debt - that doesn't exist) against a person merely on a belief that such person may have committed a civil contravention.

 

It's called a presumption of guilt and it has no place in our justice system.

 

Thoise who try to enforce a presumption of guilt forfeit rights to comment on justice. Not that most of then have any understanding of the civil parking enforcement system.

 

They don't choose bailiffs for their intelligence and subtlety

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HCE - The only technicality that exists in civil parking enforcement is that the TEC cab register a charge (not debt - that doesn't exist) against a person merely on a belief that such person may have committed a civil contravention.

 

It's called a presumption of guilt and it has no place in our justice system.

 

Thoise who try to enforce a presumption of guilt forfeit rights to comment on justice. Not that most of then have any understanding of the civil parking enforcement system.

 

Who was talking about Parking? :confused:

 

Maybe you should read vjohn82's own posts regarding what the judge said about him before commenting. :rolleyes:

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I have not been answering so many posts recently because it has become clear that instead of answering enquiries, posts are becoming unnecessarily long as people would appaear to be using the forum to criticise people.

 

Looking back on all of the replies for this thread, you will all see that apart from the first page, no advice has been provided !!

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Who was talking about Parking? :confused:

 

Maybe you should read vjohn82's own posts regarding what the judge said about him before commenting. :rolleyes:

 

Your point is?

 

You think a Judge taking advantage of a mentally disabled person is amusing?

 

I don't. But then I'm the type of person you HOPE to get in your timesheet every day.

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It's a forum, not an English lesson and I'm not a typist.

 

Your medication explains a lot.

depending on what medication you are referring too:p

If it wasn't for the people that happen to share the same profession as you, I wouldn't have the need to take medication in the first place.:cool:

The 'bailiffs' do not realise what effects they have on people when they act the way they do, it may well be just a job to them/you, and they/you can go home at the end of a hard days robbing spree, put their/your feet up and reap the rewards, not giving a second thought to those that have suffered in the hands of their illegal behaviour, and yes HCE what half of them do is illegal and you cannot deny that.

Lets not mention the excuses that are given when they do misbehave, and always lay blame on either the debtor or the creditor, as of course we all know that the bailiff is blameless and just doing as he/she is told. At the end of the day HCE you are doing the dirty work of some one else, and basically robbing them at the same time, both debtor and creditor.

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I have not been answering so many posts recently because it has become clear that instead of answering enquiries, posts are becoming unnecessarily long as people would appaear to be using the forum to criticise people.

 

Looking back on all of the replies for this thread, you will all see that apart from the first page, no advice has been provided !!

 

I agree with you TT

 

In order to progress this thread to its natural conclusion I shall suggest as I normally do IGNORE HCE!! and lets get on with helping people that have had bailiff /hceo problems

 

It is pointless banter that take the discussion nowhere.

 

Onlyme

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depending on what medication you are referring too:p

If it wasn't for the people that happen to share the same profession as you, I wouldn't have the need to take medication in the first place.:cool:

The 'bailiffs' do not realise what effects they have on people when they act the way they do, it may well be just a job to them/you, and they/you can go home at the end of a hard days robbing spree, put their/your feet up and reap the rewards, not giving a second thought to those that have suffered in the hands of their illegal behaviour, and yes HCE what half of them do is illegal and you cannot deny that.

Lets not mention the excuses that are given when they do misbehave, and always lay blame on either the debtor or the creditor, as of course we all know that the bailiff is blameless and just doing as he/she is told. At the end of the day HCE you are doing the dirty work of some one else, and basically robbing them at the same time, both debtor and creditor.

 

OK. So let me get this straight. You are happy for Bloggs Builders to take your hard earned (or benefits given!) money, not do the work you asked and keep it?

 

You dont seem to understand that many creditors (I do not collect CT or Parking Fines) are individuals like yourself that have suffered at the hands of rogue traders etc.

 

Are you also stating that it was the visit by bailiffs that is the reason you have to take the medication you do?

 

Whilst the enforcement industry may have a few bad apples, I do not for one second believe it is anywhere near as much as you, or others, claim.

 

BTW, Its a shame your still not in school SEANAMARTS, your grammar and spelling are terrible ;)

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this is getting beyond rediculous! HCE, if a landlord sends you to a tenant to collect £1200 unpaid rent and tenant says he skint and gives you two finger salute - what do you do? pocket the landlords fee and go home? do you bother doing ANY work or is the internet really your therapy?

Professional property investor and conveyancer

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Why's anyone giving HCE the time of day? Just ignore him and concentrate on the matter in hand.

 

You don't think he's here to offer constructive advice or help, do you? At best, he can only state his viewpoint from the other side. Other than that, he has nothing else of value to say.

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You dont seem to understand that many creditors (I do not collect CT or Parking Fines) are individuals like yourself that have suffered at the hands of rogue traders etc.

 

If you assist individuals then fair enough.

 

If you assist businesses chasing businesses then fair enough.

 

If you assist businesses chasing individuals who have no legal recourse, no equity, no job, no prospect of paying then why do you continue to apply the pressure and use scare tactics to make them pay?

 

The last bailiff that visited my house got a very firm handshake and a kind word in his ear to f$$$ off for chasing a debt that was not even lawful.

 

Someone else might well have crumbled under the pressure.

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OK. So let me get this straight. You are happy for Bloggs Builders to take your hard earned (or benefits given!) money, not do the work you asked and keep it?

 

You dont seem to understand that many creditors (I do not collect CT or Parking Fines) are individuals like yourself that have suffered at the hands of rogue traders etc.

 

Are you also stating that it was the visit by bailiffs that is the reason you have to take the medication you do?

 

Whilst the enforcement industry may have a few bad apples, I do not for one second believe it is anywhere near as much as you, or others, claim.

 

BTW, Its a shame your still not in school SEANAMARTS, your grammar and spelling are terrible ;)

HCE you really do need to wake up and smell the coffee. In my area alone there has been three individual Bailiffs who aggressively forced their way in to properties in the last year, all women. I live in a small town, one was for a parking ticket the other two CT. All three have put in complaints. Regardless of whether it was their fault or not, bailiffs HAVE to act in a professional manner. Forcing their way into a property is not allowed. All three women had minor injuries. I think there are far more than 'a few' bad apples in the industry HCE, or is it that my area gets hit hard by them for some unknown reason. What you see on the forum is only a small percentage of what goes on, there are many more out there that have suffered, I just dont understand why you cannot accept that.

People owe me money stemming back over 20 years, one of which is british gas £200.00 odd pounds, I have an ex landlord who owes me £580.00, my children owe me thousands, my ex husband owes me £18,000. Im an artist and often dont get paid for work I have done. Ive taken some to court and have lost even more. Ive had art stolen and used for varies things and have not been credited for, but it would cost me far more to reap any money back, so why bother. We live an learn

 

Yes I am on medication because of the bailiff who attacked me, not only for the panic attacks (I'm glad to say that I am now off the pills for the panic attacks, but was on them for over two years.) these started after the incident occurred but also for the neck injury,that where he grabbed me from behind by my dressing gown and yanked me back so hard I had bruises round my neck for days after. Two lumps have formed where the bruises occurred and they are now causing problems with the surrounding tissue and muscle. These injuries were photographed and noted in my hospital report. My other injuries were a 12 inch bruise down my thigh where he was pushing the door on to me and I was trapped behind it, I suffered bruising to my hand and a gash to my middle finger, this happened when the bailiff pulled me back and my hand smashed against the shelf in the communal hallway. I had a cut to my foot where the bailiff push so hard against the door my foot was caught under it taking the skin off. By the way I was ill in bed when this bailiff came round, I was in the latter stages of a relapse.

I do hope that this is not too much information for you, not that you would give a damn any way, and not asking you too.

I dont even know why I am bothering really, but us people on benefits have naff all else to do with our time. Just so you know, I dont sit on my backside all day watching Jeremy Kyle, I am in fact a volunteer project worker, working from home, in my own time, helping teenagers with behaviour problems. Im also an artist working with digital media and traditional art. I am on disability benefits because I am disabled and have been for over 10 years. Before I was disabled I was a foster carer, a nursing aid, a shop floor assistant, an office worker, I had my own business and also worked as an art teacher. Not all at once, even I know I'm not wonder woman, oh not to mention bringing up two children (one very ill) virtually on my own.

Happy :) oh and pardon the grammatical mistakes. Left school far too early to have babies.

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Seanamarts, you have clearly had an awful experience and one that the perpetrators should be brought to task over, whoever they are.

 

You state that to reclaim the money you are owed would cost to much. That need not be the case. But it does depend on whether your debtors have the assets or monies to pay.

 

I constantly recieve thanks by phone, email and letter from individuals, like many on here, who have used my services when all else has failed. Often these people are on their knees with debt when we collect the money they're owed. We're not always successful, some cases are just unenforceable, but we do our best.

 

Please remember that for every defendant successfully enforced against by an HCEO, there is a creditor who get's back the money they're owed. It's easy to lose sight of that sometimes.

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If you assist businesses chasing individuals who have no legal recourse, no equity, no job, no prospect of paying then why do you continue to apply the pressure and use scare tactics to make them pay?

 

Those cases are unenforceable and are returned as such. Remember, HCEO's still get a fee from an aborted case.

 

As I have stated in the post above, we regularly act for individuals against rogue traders and [problematic]. Only this week I have recovered just over £3k from a well known rogue trader recently featured on BBCs programme of the same name. The individuals had thier judgment for over 2 years and the rogue had even sent them emails telling them how they'd never see thier money. One visit, a locksmith, several Police and payment. Job done.

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Seanamarts, you have clearly had an awful experience and one that the perpetrators should be brought to task over, whoever they are.

 

You state that to reclaim the money you are owed would cost to much. That need not be the case. But it does depend on whether your debtors have the assets or monies to pay.

 

I constantly recieve thanks by phone, email and letter from individuals, like many on here, who have used my services when all else has failed. Often these people are on their knees with debt when we collect the money they're owed. We're not always successful, some cases are just unenforceable, but we do our best.

 

Please remember that for every defendant successfully enforced against by an HCEO, there is a creditor who get's back the money they're owed. It's easy to lose sight of that sometimes.

It went to court and he had to pay a very big settlement, I allowed, yes allowed him to keep his certificate. HCE, I have no doubts what so ever that you do the job correctly, but what you have to understand is that there are rogues out there intent on legally robbing people blind, who do not know the in's and out's of bailiff law and these bailiffs get away with it, it has to stop, we dont live in the dark ages any more. I am not going to even pretend to know what you do as a HCEO, that part of the industry completely confuses me, with fee's and what knot, but what I do know I will preach to others and I do get cross when I see it happening again and again and people like yourself not believing how rife this really is. I understand that you will stick up for your own kind, its human nature, but its the rogue bailiffs that give your industry a bad name.

I do hope that when you do your 'visits' you act in a compassionate manner:p

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Those cases are unenforceable and are returned as such. Remember, HCEO's still get a fee from an aborted case.

 

As I have stated in the post above, we regularly act for individuals against rogue traders and [problematic]. Only this week I have recovered just over £3k from a well known rogue trader recently featured on BBCs programme of the same name. The individuals had thier judgment for over 2 years and the rogue had even sent them emails telling them how they'd never see thier money. One visit, a locksmith, several Police and payment. Job done.

 

In those cases you are acting in accordance with some sort of moral duty.

 

But for people that clearly cannot afford to pay??? Harsh.

 

I still don't like the fact you think I am trying to help people wriggle out of debt... never done anything of the sort. If you had read my thread properly you will have seen that the Judge and solicitor were acting in clear contravention of the Disability Discrimination Act.

 

But then I don't expect you to have a heart :roll:

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To those who state this thread is getting way of topic, I wasn't aware there was a real topic requiring specific advice, per se. That said, of course, I'm not hauling my lazy derriere back 5 pages to check!

These sort of 'no real advice needed' type threads always descend into a generalised debate. As CAG is usually focussed more on helping an individual poster with their problems, I would suggest this type of occassional general discussion thread is both informative and essential. As long as the banter does not descend too much into playground taunts then we all learn a little about each other. That is not necessarily possible in the usual CAG style threads.

I particularly appreciated the more serious interlude between seanamart and HCE.

Thankyou.

Please continue...

Best wishes

Rae.

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