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Good for you.

 

I suggest now that you put the bailiffs as soon as the 3rd August dealine has expired.

 

there is no need to have any correspondence with the council about this or to serve them with any warning.

 

Just apply for a warrant of execution. We can arrange some publicity if you want.

You will get all of your expenses back as well as your money

 

 

Wouldn't bother with the Court Bailiff - but a High Court Enforcement Officer would cause some fun & games. Transfer fee only £50.

 

PT

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This is what has happened. Rather than leave everybody in the dark. From what i am being told this had gone to mediation. The person and the council agreed a settlement upon which when cleared funds were received the court would be notified of a settlement if not then the claim would proceed if mediation had never happened. The council were aware that their payment had not been received. Due to the non appearance of the funds the claimant attended the hearing and the council didn't. The councils excuse ? You didn't tell us about the hearing date!!! I will try and get hold of emails crossing but do not know when. The council have referred it to their legal dept. What i was going to ask !!! Can the council have this set aside or would they need to appeal it ?

So whats cooking today ?

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This is what has happened. Rather than leave everybody in the dark. From what i am being told this had gone to mediation. The person and the council agreed a settlement upon which when cleared funds were received the court would be notified of a settlement if not then the claim would proceed if mediation had never happened. The council were aware that their payment had not been received. Due to the non appearance of the funds the claimant attended the hearing and the council didn't. The councils excuse ? You didn't tell us about the hearing date!!! I will try and get hold of emails crossing but do not know when. The council have referred it to their legal dept. What i was going to ask !!! Can the council have this set aside or would they need to appeal it ?

 

Don't dismiss this lightly yet. According to your scanned doc the Council have until 4pm on 3 August (Tues) to pay. However if you also say they have paid part then they must have known about it?

 

PT

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Apparently applications of sort have been received by the court including the following : Application to set aside judgement dated 22/07/10 persuant to CPR13 or, in the alternative, under 3.1 case management powers. I also now would like to welcome medway council and their snoops to this thread on behalf of the claimant. Nice to see where the tax payers money goes !!!!!!

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I took it to the papers and now BBC Radio Kent have picked up on the 'Parking Blues' which I wrote to reveal the shameless activities of a Council who have forgotten the difference between public service and self service. A video will go up on you tube later today.

 

The Parking Blues can be found at www.reverbnation.com/alternativeposing

 

Newspaper piece below

 

Parking Medway News.jpg

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Well you may want to do a freedom of information request and ask medway how much has the claim

khan vs medway council and jbw enforcement limited has cost medway council so far:

 

1. In man hours spent preparing a defence

2. In money spent defending/applying to have the judgement set aside

 

Also how many jobs are going to go as a result of this costly blunder?

 

Bet you will not get a reply.

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From:

"@medway.gov.uk>

 

 

To:

@yahoo.co.uk

 

Cc:

"@medway.gov.uk>

 

 

Thanks for your co operation Mr Khan,

It would have been helpful if you had at least notified us that you had not received your payment when you knew what date the court hearing was set for.

Regards

 

Parking Manager

Parking Services

Medway Council

Tel...01634

 

 

From: @yahoo.co.uk]

Sent: 23 July 2010 16:23

To:

Subject: Re: FW: mediation settlement

HI

As per the agreement i would notify the court if cleared payment was received b4 the hearing. I have only gone by mediation rules.

 

 

 

--- On Fri, 23/7/10, @medway.gov.uk> wrote:

 

From: @medway.gov.uk>

Subject: FW: mediation settlement

To: @yahoo.co.uk

Cc: @medway.gov.uk>

Date: Friday, 23 July, 2010, 16:12

 

Dear Mr Khan

I have checked with our finance team and they have confirmed that this payment was made on the 9th July but this can then take a couple of days to drop into the persons account so this may well have been on 13th.

As the claimant it was your responsibility to advise the court that a mediation session had occurred and an agreement had been reached I was advised of this by the mediator , I would therefore appreciate it if you as the claimant could discuss this with the court and explain that you failed to contact them.

Regards

 

Parking Manager

Parking Services

Medway Council

Tel...

 

 

From: @yahoo.co.uk]

Sent: 23 July 2010 15:55

To:

Subject: RE: mediation settlement 0 ME

 

Hi

 

Also received this in today's post. As you know the agreement we came to via mediation was that medway would pay me £ and i would notify the court and vacate the date on receipt of cleared funds. The funds did not arrive at my end till 13/07/10. The attachment will explain its self.

 

Khan

 

 

Emails that have crossed between medway council and the claimant.

Edited by letsmakeamark
General

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Has anyone asked the council :-

 

1. Is the vehicle is Still Type Approved within the ECE Regulations?

2. camera on the roof is "E-Marked", approved for in/on vehicle usage?

3. Has VOSA inspected or tested the vehicle to see what a mess it would make if it hit a pedestrian?

4. Is the camera system is operated by one person?

5. Is system is turned off or is operated by a passenger, during all times whilst the vehicle's engine is running?

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http://www.kentonline.co.uk/medway_messenger/news/2010/august/11/cctv_car.aspx

 

Medway messenger running this news item on website.

 

 

I love the comments such as one person says they saw the person in the car eating a sandwich and drinking a coffee whilst at work, lol I think they should be jailed for that everyone should work at least 8 hours without eating or drinking!

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If he was parked on DYLS or another restriction when eating his lunch then the exemption doesn't apply does it.

parked outside a school means there is a good chance he was parked on a restriction for lunch. But we would need to know which school of course just in case.

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And this comment show the CEO and the council that trained him in a very bad light. - - -"i got a parking ticket for £70 through the post when i parked on double yellow lines for 30 minutes in chatham. sat next to me had been a camera car. as a blue badge holder driving a motorbility car i am entitled to park on yellow lines. the man driving the camera car clearly had not even got out of his car to see if i might have blue badges. naturally i am contesting this ticket! i have seen these camera cars frequently in chatham, usually parked somewhere illegal. do they not get out of their cars to check if someone might have blue badges up? clearly not. a blatant case of sheer laziness. get these 'lazy big brothers' off the road and use the money in sensible ways!"

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If he was parked on DYLS or another restriction when eating his lunch then the exemption doesn't apply does it.

parked outside a school means there is a good chance he was parked on a restriction for lunch. But we would need to know which school of course just in case.

 

or actually eating whilst waiting for someone to park, I regularly eat and drink at my desk and have never been disciplined or arrested for it.

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no lunch breaks for CEOs eh ? get the union on that pronto ! :)

If he was parked and sitting in the car while working then he was in control of the vehicle. Not that you can be while eating and drinking.. naughty CEO whichever way you look at it.

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Medway council parking are full of excuses. The pcns they were issuing and ntos they were issuing up till march 08 were unenforceable and wrongly worded. Wander what they would do if people started claiming against those ?

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