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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
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      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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help! united utilities have issued court action on my terminally ill mum


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Hi,

Please can anybody help with some advice?

My mum fell behind on her water bill after my Dad died and she got ill with cancer.

Earlier this year she contacted United Utilities explained situation and also sent a trust fund application.

She has been making monthly payments but missed June's payment as normally I go to pay bill for her but I was on holiday. This week I went to pay 2 months' instalments by cheque in the post office with a letter apologising and requesting water payment card. I sent this special delivery.

When I got back I discovered that she had been sent a form from court as United Utilities have started court proceedings.

She is so stressed out and she is already really ill. United Utilities were already aware that she is terminally ill and struggling, Please can someone help me form a defence and give advice on filling out theform?

 

Thank you for any help you can give x

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One question first : Are you now up to date with all the payments ?

 

I would call UU first and check if they are still going ahead as it might be that the letter crossed in the post with your payment and they do send out certain letters and forms to force people to pay their bill so it might be part of the scheduled recovery action and if that is the case it can be stopped by them.

Is your mother on a water meter ?

 

I am sorry to say that UU will not care that your mother is ill but it might be worth asking about the access / vulnerable householders scheme.

 

As to defence..There is nothing better in my mind then the truth. Your mother was behind in her payments as you were on hoilday and she is ill. On your return you paid to date and are sorry it was forgotten. Honest and to the point.

 

Oh and whilst I think about it, are they asking for the whole amount now ? Have they cancelled the payment plan ? You need to check that as it would make a difference to what they want

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Hi,

I have spoken to UU and they did not make a mistake, they intended to go ahead with the court action and to claim the whole amount. They also said they will not accept any more payments in the meantime.

Thanks x

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Whatever you do, carry on making payments as it will make them look bad in court. They cannot reject payments whatever the circumstances and have to accept them otherwise they are going to look even more stupid in court.

I am unsure on water regulations etc but i do knwo that they cannot cut off the water. Maybe she should consider having a meter fitted as it may work out a lot cheaper than paying according to the rateable value of the residence.

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Surfer is correct. Carry on making the payments anyway as it will help the outstanding amount no matter what and look better in court.

 

I do know about the water act ~( worked with it daily) The water will not be cut off that is correct but they can take you to court and add fees etc. If it were me I would go back to UU and see if they will allow to pay in full ? How much is outstanding on the bill anyway ?

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It seems that you have 'spoken to' United Utilities. That is nearly always a mistake as you will be dealt with by a customer services rep who answers by script and has no discretion.

 

You should write a letter of complaint so that the case will be properly considered.

 

Where do the 'court papers' come from? I expect MCOL Northampton?

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