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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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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 
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    • 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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DD - you are not alone - so many others are going through the same thing.

 

That is important - you are not odd, or bad, or anything else that you may be beating yourself up with.

 

You are depressed and feel your wife and son are not seeing you as you really are.

 

First up, have you talked to your doc? I mean book an appointment and really let it all out. AND - get them to do a revision of your painkillers and other meds.

 

Ask for advice and where to go for support.

 

As for the household / garden stuff, leave it if you can - but make sure you equally don't lift a finger so that will leave your wife to take stock of what is going on.

 

How brave are you? Fancy some radical approaches?

 

Before tomorrow's meal, put a contract in front of your son that he agrees to xxx, yyy, zzz there and then and he has to sign it.

 

He refuses to sign - take his meal and tip it in the bin!

 

Awful? Yep! Get the point across? Definitely - no help given around the house, no free-wheeling.

 

OK - so that is really too radical and awful, but the thought may hopefully have brought a wry evil grin for a few minutes.

 

More seriiously, try to stop controlling the situation - and find a way to get out - even if only for a few hours a day. Do you have anyone you could go out with so you have someone else to chat about 'ordinary things'? What about any voluntary work, are you allowed to do that? If so, you must have so much you can offer with all your experiences.

 

I know what it's like with arthritis in the spine, hip and knees, the pain can be horrendous. But I'm damned if that's going to stop me walking, even when I end up like something out of Hammer House of Horrors, dragging my manky leg behind because the effin thing won't move forward as normal.

 

 

Next, try to have a talk with your wife - I mean a really good, no finger-pointing talk - and be prepared to listen but be firm in that she needs to listen to you too and not make excuses for your son or for herself.

 

and be prepared to listen.

 

 

and be prepared to listen.

 

 

Your wife may be trying to act as the buffer between your son and you to keep the peace. Maybe she can see that it's no fun for your son either - it's a very demoralising situation out there for everyone who has no job. You say you love him, but you're also disgusted that he defies you.

 

That's kids - what were you like at that age? There is a rite of passage that means they become truly awful at some point and just seem to get worse.

 

BUT - when did you two last have a chat about shared interests?

 

Could you put aside your anger for long enough to ask him what he feels like and then ask him to listen to you about how you feel?

 

How you handle this time can make a huge difference to how long it goes on for and how it eventually transforms.

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Oh - and - join some forums for people with Asperger's - get connected with people who understand what it's like to be you.

 

Here are a couple of websites that may help just to take your mind of stuff that's bogging you down:

 

Asperger and ASD UK Online Forum (Powered by Invision Power Board)

 

Asperger's Syndrome Forum

 

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Funny old world - just picked this up from thoughtful emails I receive:

 

Trying to change someone is a waste of time. The very thought of changing someone is saying that they are not good enough as they are, and it is soaked with judgment and disapproval. That is not a thought of appreciation or love, and those thoughts will only bring separation between you and that person.

 

You must look for the good in people to have more of it appear. As you look only for the good things in a person, you will be amazed at what your new focus reveals.

 

byRhonda Byrne

 

Hope this helps a bit.

 

:)

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DDd - how long have you known about having Aspergers and who assessed you?

 

If nothing else, try talking to the National Autistic Society because they have excellent advisors who may be able to give you more help than you realise.

 

Talk to your local MIND - get support before you take any further steps.

 

Very often, when adults are diagnosed with a disorder or health issue, temporary or permanent, the family do not want to know about it because it means they have to re-evaluate their own behaviour and perceptions.

 

There is no answer to how to tackle this because it's not you that can change them. The support from others however may help them realise they need to change.

 

For example, having a supporter coming to visit you in your home - then it makes the issue more 'real'.

 

Try and ask around first before you do anything else to get support - for whatever your next steps will be - get supported.

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