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    • Ah but if I didn’t pay PRA group could they default me?
    • We have a damp problem in a party wall in a Victorian terrace.  Both I and my neighbour have single storey extensions at the back (actually the front, but the back as originally built...) with roof terrace / patio area above, and a brick wall dividing the two terraces. This is standard in the road. (They also have a small conservatory joined to the first floor over part of their roof terrace) Some years ago we noticed that the internal party wall below the terrace was showing some signs of damp. We asked the neighbours if they had noticed a similar issue but they refused to engage with us. We hoped it was a condensation issue, and it was only occasional.  Over the years the dampness has got more frequent, and a couple of years ago we had our terrace completely redone, with the old flooring removed, new felting put down, new lead flashing, and decking on top. I stripped the wall below back to plaster and re-papered and painted. Last year the damp returned, but much more noticeably. We use a dehumidifier and can "extract" a couple of pints of water from the downstairs hallway sometimes - regardless of weather. There is black mould at the top of the wall, and it's clear the damp is coming top-down. I've lifted all our decking, put sealant along all felt joints, and silicone sealer between the lead flashing and brickwork that forms the dividing wall between terraces.  Since then there've been occasions when there has been surface water running down the wall, even when it's not rained.  We're pretty certain it's when the neighbour waters plants on the terrace.  The neighbours still won't engage, but we have persistent black mould, the paper is peeling off and the wall is wet from the top.  To check it's not our roof, at times when the wall has been dry I've thrown buckets of water at our side of the dividing wall on the terrace (and this obviously drains down onto the felting below the decking). The downstairs interior wall is unaffected by this - confirming the problem is coming from the neighbour's side. So what to do? Is this something we should be referring to our insurers? If the neighbours fail to fix the root cause (which is presumably perished roofing under their conservatory, or blocked drainage etc), is there anything we can do to stop it affecting us?  The internal wall is structural so I'm not really sure how a builder would approach the problem without access from the neighbour's side too.  We're planning on selling within the next 2 - 3 years but in its present state it's hard to see how someone would take it on, at least without a big price drop.  Any suggestions very welcome! 
    • defaulted debts vanish from your file regardless to payment on the registered defaulted dates 6th birthday   NON defaulted debts will sit on your file for 6yrs yrs from last payment - i e the debt becomes statute barred,-  but that does not automatically guarantee they will be removed.
    • Yes if defaulted but my non defaulted ones sit there
    • but thats how long it will show from settlement payment on your file if you make one or  if you leave as is..same result but far cheaper....   dx  
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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CMH

Ticketed for non-continuous loading

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I was ticketed by Westminster Council for parking on a single yellow line. I was in fact loading my car from a nearby basement.

 

The return journey from the car to the basement took some 3 minutes. Accordingly my car was caught on CCTV unattended (although the boot was open) for 3 minutes 14 seconds. On the CCTV video a friend and I can be seen appearing at 3 minutes 14 seconds with the SCUBA diving kit which we were loading into the car.

 

I challenged the ticket as I was loading, and received a notice of rejection stating that "the CCTV footage shows the vehicle stationary for over 3 minutes, with no evidence of loading taking place. I would like to advise you that CCTV camera operators and Civil Enforcement Officers do not accept the boot of a vehicle being open, as evidence of loading taking place; a PCN may be issued unless they observe continuous loading activity."

 

I intend to appeal, and have read the Jane Packer Flowers adjudication and the Arnold Rosen v Westminster Council adjudication, as well as a number of the cases referred to, notably MACLEOD v WOJKOWSKA. I have also referred to Westminster's website. I therefore will appeal on the following basis. If anybody has anything to add or any suggestions to alter my appeal I would be extremely grateful for your advice.

 

- I was parked on a single yellow line between 8.25 and 8.40am

- There were no loading restrictions in place (no signs, no kerb markings)

- Accordingly I am allowed to load for as long as is necessary at an adjacent building

- Loading includes the journey to and from the place where the goods are located

- The return loading journey took some 3 minutes, and accordingly the vehicle was unattended for that period.

- However the return journey is within the definition of loading, and therefore I was not parked and the contravention did not take place.

- There is no legal principle that states that loading must be 'continuous'. The legal principle is 'as long as necessary'. The loading in this case was necessary, and upon the cessation of loading (some 15 minutes altogether) the vehicle was removed.

 

I intend to support this application with witness statements confirming:

1) That it was necessary to load the SCUBA gear into the vehicle as we were leaving for a SCUBA diving trip

2) That I have SCUBA gear stored within the adjacent building

3) That the return journey from the road to the SCUBA store and back takes some 3 minutes.

 

Any further advice anybody could give me? Thank you :)

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the lied - as usual for Westminster. That court case must be worrying them. Loading does have to continuous (no t breaks or nipping to the loo) but you can't be at the vehicle continuously - you could never load anything then could you ! This 'little logical flaw' is one of their favourites, used to gouge you for money. you can question their training but best of all you can quote the "Jane Packer Flowers" adjudication. http://www.parkingandtrafficappeals.gov.uk/user_documents/LOADADJ.pdf which was against Westminster ! So you can add why they have not taken any notice of a PATAS key case in which they were a party. Expect Westminster to force you to the adjudication stage and then drop out a few days before.

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Thanks for the information. I actually called them up today, because having read the Flowers case I can't believe that they're even bothering. Nevertheless, they said the PCN stands, and so we go on...

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