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    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
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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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Hi I dont know if anybody can help but I need some good advice.

 

My son is 8 and has a statement. My problem is that the school is not complying with his statement. In his statement he should have 30+ hours of 1:1 support every week.

Well firstly the school is only employing someone for 25 hours a week and secondly they are using them as a classroom assistant not as a 1:1 with my son.

 

I have complained to the school in writing- no result and I have tried contacting the LEA access and inclusion unit- totally ignored me.

 

Oh and just to make it more problematic I live in Wales

 

Please can someone tell me where to go next?

Rughead121

 

Easy as 3.14159265358979323846

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Well, the school are guilty of diverting funds which they're getting from the LEA specifically for your son and using them for other purpose, isn't that fraud?

 

Contact your SEN dept at the LA in writing, make them aware of the issue and tell them that unless they sort it out pronto, you'll be seeking a Judicial Review in the matter, they won't like it very much I assure you. ;) You might also want to copy the school on it, reminding them that they are currently guilty of misusing funds which are legally earmarked for your child and that as they can see you have reported this grave matter to the LA for them to investigate. A Statement is a legally binding document so it's not a bright idea for the school to tamper with the funds, I can tell you that for nothing. :(

 

I'll keep an eye on your thread, make sure you update when things are starting to move. :)

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Thanks for the answer Crazy Diamond, I need to know exactly what I can threaten them with. The LEA has a history of playing hardball.

 

I am sure this is going to sound a familiar story but when my son started school he was given a note in lieu even though he met the criteria for a statement. So after loads of meetings and broken promises I eventually took the LEA to a tribunal where they chose not to contest the appeal but they still didn't issue a statement. I then referred it to the public services ombudsman who found in my favour but the LEA still didnt issue a statement. I then complained to the Welsh Windbags-sorry the welsh assembly who eventually forced them to issue a statement. They never did comply with the ombudsman's order of compensation.

 

By this time I had had enough with my own health suffering and was just grateful for my son's statement so I let the rest drop.

 

Anyhow, the point I am trying to make is that the LEA won't do a thing unless they absolutely have to so I need to know what the next step would be.

Rughead121

 

Easy as 3.14159265358979323846

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Let me get back to you on this one, I need to check whether the procedure is the same in Wales as it is in England, sorry, I'm not from your part of the country!

 

In the meantime, you may want to contact IPSEA (google it), they have a helpline number as well as a website, see whether they can recommend a course of action.

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Copy of letter sent to LA :-) Thanks again for the great advice, I will post any reply I get.

 

 

Dear Sir or Madam,

My Son's Name D.O.B. XX.XX.XX

Complaint that special education provision is not being made

 

I am writing as the parent of the above child, who has a Statement of Special Educational needs and attends XXXXXXXXX Primary school.

 

Under Part 3, the Statement specifies the special educational provision my child should receive and I understand that you have a legal duty to “arrange” this provision.

 

I am sorry to have to inform you that you are in breach of this duty, on the grounds that the following provision is currently not being made:XXXX should have 30+ hours per week of 1:1 support but currently only receives 25 hours per week. It has also been brought to my attention that his 1:1 is hardly ever with him and is, in fact, a classroom assistant being funded by XXXXX's statement.

 

Please reply to this letter as soon as possible, but in any event within 5 working days of receiving it, confirming the steps that you will take to ensure that the special educational provision specified in my child’s Statement will, in fact. be made.

 

I would like the LEA to arrange an immediate review of the Statement. My reasons for making this request are: XXXXX's educational and emotional needs are not being met and, in the current situation, I feel XXXXX's safety is at risk

 

I look forward to an early reply and trust that it will not be necessary to take this matter further.

 

Yours sincerely,

 

 

Just one question. If I request a JR, I intend to apply for an interim order on the grounds of this being an urgent matter affecting my son's health, education and safety. So does anybody know if I still need to send a Pre action Protocol letter or does the urgent nature of the case plus this letter excuse sending?

Rughead121

 

Easy as 3.14159265358979323846

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I would be tempted to mention the DDA / Equalities Act - your son is being treated less favourably in the way that he's not getting the support he needs, which is affecting his learning and not enabling him to reach his full potential.

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