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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
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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.
      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi All,

 

We broke-down in France last week and have been flown home by the AA.

 

We then got a call to say it was the clutch and it would cost 800 Euro's.

 

I've checked and it seems this is a lot of money and in the UK for example it would only cost about £300. It does appear it would cost more in france but still not as much as the quote.

 

Do I have any rights to dispute this amount?

 

Thanks

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You can't really go by how much it is in the UK, you need to know the labour rates and cost of parts which might all warrant the doubling of the price. It's a case of 'offer and accept' or 'offer and decline', there's not a lot you can do after the fact except see what other French garages would charge so you have a comparison.

 

If it's done and paid for, that means you have accepted the price and there's not a lot more you can do.

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If you speak any French then it's definitely worth arguing the price with the garage. Otherwise they'll just charge you as much as they think they can because they think you won't argue. If it's all been done then you don't have as much room to negotiate but you are still entitled to a full breakdown of the price (excuse the pun) before you pay. If there is really any over-charging then it should then be obvious. Most things are more expensive there though.

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  • 2 months later...

Hi All,

 

We were due to drive to Paris so before we went I go the car serviced along with the MOT, just to be sure we didn't have any problems (its an 04 Ford KA).

 

However, despite us going to Paris 10 days after the Service/MOT the clutch went in Paris. We then had to have the car recovered to the UK (this was paid for by breakdown cover). We also had to fly back to the UK, cost not covered.

 

Also, the report on the car from the garage who changed the clutch shows a number of other faults that were not picked up in the previous service/MOT.

 

So my question is, is there any obligation that a garage should pick up such major faults when inspecting the car with a service and MOT?

 

Thanks for any feedback

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Hi All,

 

We broke down in Paris a while ago and as we had Eurostar cover, we called them and they recovered the car back to the UK and organised a flight back to the UK for us.

 

All seemed well, even impressive. However, today we got a letter informing that we are not covered for the passage home as missing our return journey due to a broken-down car is excluded from our policy.

 

Firstly, this seems unfair as it was a break-down policy. But my main issue is that the company actually suggested and arranged for us to fly home. At no point were we told this would be a cost we would incur.

 

Any idea on our rights for this?

 

Thank you

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As far as I'm aware, the clutch would not be an item that would be checked within a "normal" service ther than if you had brought it to the garage's attention as a concern you had, or there was some very obvious slippage or similar that they noticed while driving it around the workshop.

 

If you have been driving it with no concern prior to service, and driven all teh way to Paris (and other normal journeys) then this would suggest there was no long term problem with it so I don't think you have any recourse against the service garage.

 

What "other faults" have you now found and would these be things that you could have reasonably expected the servicing/MOT garage to find?

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Thanks for the reply Crem. I will have to look up the other faults I'm not sure off-hand.

 

You mention about the clutch slipping. This had always happened since we brought the car second hand a few years back. However, even with the new clutch it still slips, is this normal?

 

Thanks agian :)

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I cant understand how a clutch could slip for a few years as it would burn out very quickly once the fault develops, furthermore a replacement should never slip.

However there is a primative method of checking, with the engine running and by putting slight pressure on the accelerator put the car in top gear, fully release the clutch slowly and if the engine continues to run without stalling then return it to the repairer.

 

These components do not form part of the MOT or basic servicing.

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I have never heard of a breakdown policy that would leave you stranded as most seem to recover you back to the UK otherwise how would you get back if they took the car back to the UK? Seems strange. Have you checked the T & Cs of the policies and what was included?

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These components do not form part of the MOT or basic servicing.

 

+1

 

Clutches are funny things really. I wont go into it too much, but apart from the method of putting it in gear with the brakes on and seeing if it stops dead when you release the clutch, there's no real pointer to it's condition. If it's an '04 plate, I'd say it'd be well due a clutch by now. If it's always "slipped", I'd say there's an issue from when it was new (either a faulty hydraulic unit or cable). Either way, it's certainly not right and will not be inspected as part of any annual inspection, other than maybe noted on a health check.

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The clutch isn't a service item, except that if it is adjustable on the cable. Virtually all clutches these days are self adjusting via a mechanism on the cable or they are hydraulically operated. If the car drove into the workshop and didn't exhibit any abnormalities on the post service road test then the technician wouldn't any reason to suspect that it may fail in the near future.

 

On the MOT the clutch isn't testable, even if the tester did notice something wrong with it he is under no obligation to advise it. You may be under the impression that the MOT is some sort of vehicle health check, it's not. A mot is conducted without removing parts from the car, what maybe noticed when access is good may not be necessarily seen on a MOT.

 

What are these items that were noted?

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  • 3 months later...

I have a 2004 KA and I'm having to take it back to the garage every month or so for differant problems.

 

I need to book it to go to garage again today. What is the best way to approach this in-light of having the car assessed for bad workmanship previously? Should I get them to write a report?

 

I'm taking it to a new garage. But what else should I do, any ideas?

 

Thank You :)

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If you can give us a few more details of what work you have had carried out and why you believe it is bad workmanship?

Is this the same fault month after month or are they connected ?

How long have you owned the car?

What is the mileage?

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