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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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    • If you are buying a used car – you need to read this survival guide.
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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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  • 3 weeks later...

Everybody is subject to the Official Secrets Act.

 

To say that you are not is like saying 'I haven't read the Road Traffic Act,

so it doesn't apply to me' (eg when I'm speeding!).

 

Besides which, the Act is long, and 'they' state you have to sign it,

really meaning you sign to say you have read it in the few seconds

they give you, when it takes hours to read and, most importantly, understand!

 

This is a try on/psy-op/frightener or an ego stroke for some

(I'm subject to the OFA - polish ego/smirk).

 

If it's in the public interest e.g. Sinking of the Belgrano, it's good to whistleblow.

 

I was once told that blowing the whistle about ammunition trains

passing under populated areas in Wolverhampton would get me shot

for breaching the OFA. I'm still here, and the practice was stopped due

to public outcry.

 

Waves to Sid (the guy who threatened me with the OFA)!

Edited by stickwhistler
spling mistook
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ATOS might be signing secrecy acts to stop truths coming out but we are not - record what you can during these medicals and report it if needs be. Use your evidence to compare to the written report which in itself is majorly contradictory. Also Issue formal written complaints if you feel you have been treated wrongly during one of their medicals and push the matter as far as you can - don't let them fob you off with excuses.

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The OSA is a scary document once signed , never needing to sign again for any other reason i believe.

 

I agree that to protect yourself from untruths and intentional deception anything that may have an effect on you should be recorded.

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I always video and audio record every meeting, phone call etc i have. In fact it was only 3 weeks ago i rang the DWP and ATOS and stated that i would only be prepared to undergo their medical if i could video record the consultation. I gave my reason why this was necessary due to the fact that i have been accused of threatening doctors in the past and have the right to protect myself from false allegations. I stated that my video recording was not negotiable and that if they refuse to pay me that i would make my case very public, especially as i had just recorded the phone call.

 

They said that it would not be possible to record the assessment by any means and that i would have to have a medical or i wouldn't be able to get benefit. The call then ended.

 

If this is so then why did the next day, all the months of back payments of benefit for the period whilst i was waiting for my medical appointment suddenly be deposited into my bank account?, with a covering letter also arriving by post stating that i no longer needed to have a medical and that i was now placed in the support group? Looks like they didn't want to risk kicking up a legal challenge with me.

 

Does anybody know anyone else who has circumvented the medical assessment process and still received full benefits? I guess i should keep quiet and be grateful, but i'm more about the truth and honesty.

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What you have to understand, Turboandy, is that there are some very dark forces at work in the corridors of power, but when you stand up to them and threaten them with exposure, they back away, because exposure is what they fear the most. All bullies are motivated by fear of exposure, but when confronted by the immoveable object, namely, a person who isn't cowed by their demands or ultimatums, such as yourself, their natural survival instinct kicks in and tells them to back off or take a beating, physical or otherwise.

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I always video and audio record every meeting, phone call etc i have. In fact it was only 3 weeks ago i rang the DWP and ATOS and stated that i would only be prepared to undergo their medical if i could video record the consultation. I gave my reason why this was necessary due to the fact that i have been accused of threatening doctors in the past and have the right to protect myself from false allegations. I stated that my video recording was not negotiable and that if they refuse to pay me that i would make my case very public, especially as i had just recorded the phone call.

 

They said that it would not be possible to record the assessment by any means and that i would have to have a medical or i wouldn't be able to get benefit. The call then ended.

 

If this is so then why did the next day, all the months of back payments of benefit for the period whilst i was waiting for my medical appointment suddenly be deposited into my bank account?, with a covering letter also arriving by post stating that i no longer needed to have a medical and that i was now placed in the support group? Looks like they didn't want to risk kicking up a legal challenge with me.

 

Does anybody know anyone else who has circumvented the medical assessment process and still received full benefits? I guess i should keep quiet and be grateful, but i'm more about the truth and honesty.

 

Thing is that in that circumstance, you would have a strong legal case for recording the session and they could not decline. As the ATOS assessor may not accept this, then they had no choice but to pay you. The whole arrangement between DWP and ATOS is not working properly, so DWP do not want any adverse publicity at this moment. There are many reports of people waiting for over 6 months for assessment and cases of people wrong assessed as being capable of work. I read a post the other day, where ATOS admitted that they do not have any criteria to work with for those suffering with depression type illnesses. I think they are told that if you can leave the house to attend the ATOS appointment, you are fit to work.

We could do with some help from you.

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The DWP know that if a claimant took them to a Judicial Review, the DWP would lose. Someone has already done this and the DWP's counsel agreed with the claimant that the DWP had no grounds for defending the JR. The judge at the HC wasn't exactly impressed with the arrogance of the DWP in trying to fight something they knew they would lose.

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I have had one of these assessments you stand on one leg, look at an eye chart on the back of a door, lie down and lift your legs, move from one chair to another then are certified as fit to get back on the treadmill and the pittance removed. as I was off work with anxiety and stress caused by bullying at work I saw no relevance to this examination nor was I asked why I was off sick, what my symptoms were or anything relevant to my case at all. It was an absolute farce and a complete waste of time and money. These type of state secrets need exposure. I cannot believe this sort of behaviour still goes on in this day and age.

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I have had one of these assessments you stand on one leg, look at an eye chart on the back of a door, lie down and lift your legs, move from one chair to another then are certified as fit to get back on the treadmill and the pittance removed. as I was off work with anxiety and stress caused by bullying at work I saw no relevance to this examination nor was I asked why I was off sick, what my symptoms were or anything relevant to my case at all. It was an absolute farce and a complete waste of time and money. These type of state secrets need exposure. I cannot believe this sort of behaviour still goes on in this day and age.

 

Think I would have refused to take part in such a farce, as it had nothing to do with your condition. I would have challenged the ATOS assessor to explain what they were up to. I suspect they were looking to see what your reaction was being commanded to do silly things and if you did as asked without any issues, then at that point you did not display any sign of anxiety and stress. Misses the point about the exact situations that caused the problem and trying to understand what could be done to help.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Think I would have refused to take part in such a farce, as it had nothing to do with your condition. I would have challenged the ATOS assessor to explain what they were up to. I suspect they were looking to see what your reaction was being commanded to do silly things and if you did as asked without any issues, then at that point you did not display any sign of anxiety and stress. Misses the point about the exact situations that caused the problem and trying to understand what could be done to help.

 

Hello there.

 

Seen from the outside, I can see why you would think that. Having been assessed by Atos, this isn't how you feel at the time, especially if you have mental issues. Remember that if someone is seen as refusing to co-operate, that can count against them and the assessment can be stopped. This usually results in loss of benefits.

 

Nobody said it was fair or logical, but Atos have their own agenda and it defies normal logic.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Precisely, I was very unwell and frightened of everyone and everything at the time, I still have problems making a decision just in case I am wrong. My whole personality was shattered, this was all caused by bullying after working for the very Civil Service for 31 years' and 10 months'.

 

Just finished a Tribunal and am being made to pay the costs of circa £40k, their barrister said I was a menopausal depressive and if I had only said etc, the Civil Service staff - bullies as the witnesses?????? said worse. Apparently no one liked me, complaints were made etc see Bullyonline my case replicated what might be done by your employer and peers. Strangely freedom of information have no record of complaints and have just informed me no e-mails etc exist, five years' on and its still ongoing. All I have to say is unless you are a barrister or rich enough to employ one forget a Tribunal in fact forget justice entirely.........

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wildm, i totally agree with you about justice. I could give you many examples of injustice recently within the corrupt courts system.

 

One such occasion last year i was defending myself in court against a police officer and the judge said and i quote "In the interest of justice i.m afraid we can not except the photographic evidence you hold before us, as this would mean re-opening the case and calling the witness(the police officer) back into court. This would incur additional costs that the court is not prepared to burden. So the judgement still stands".

 

There is no legal aid unless its a criminal offense and this is how organizations know they can target the poor because they can't afford to fight back.

 

Well let me tell you, i am fighting back, and i have just taken North Somerset council to court and won £5k in damages which cost them around £15k in legal fess, this was after they bragged that they don't pay out on pothole incurred injurys.

 

I am also preparing my next case against them for liable and perjury as they submitted false evidence to a court to obtain an injunction against me because i was making a complaint against them. These b*****rds even got the local CAB to lie to the police which i have just proven and if the police fail to arrest the person who filed false allegations, which is a criminal offense of wasting police time, i will pursue a case against them too.

 

The moral of the story here is that everyone is corruptible and can only be beaten with video evidence, which is why i always record everywhere i go and everyone i meet with regards to government agencies.

 

People must STAND their ground!

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one thing i can say about the court system they do expect all the evidence that is available at the trial to be used. If you go back later with something that was avalable but not used they dont have to consider it. Sucks, but 'new' evidence is basically a way of saying tough luck you should have done that before. Even if clearly show innocence. How ever if since the trial the police officer has his integrity called into question and found to be comprimised, that is new evidence and can be challanged. If you have photo evidence that the copper lied or something pursue it with a complaint.

 

This isnt a tough luck post, its stating how its potentially messed up

Edited by Zonker
because i did
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Zonker I have to say that's not true, well not in my case. At the CMD 2 days' were allocated to reading, the judge spent maybe half a day and when it came to interpretation of the rules the judge asked the respondent to decipher for them even though there were other Civil Servants telling the bullies what to do correctly by email in the bundle and in line with policy. As for evidence well it was there just not read. For example GP letter sent 2007 - lost, job advertised seen and told to me by staff - never advertised! There are many more it was a joke really and the lies..........and the bit about new evidence example of one lie....."she did not write the report I did" stated by male bully - foi state gender was both and she was only woman in management in the office. So no remove the rose tints there was nothing fair or just in that room or even footing the overriding objective is lip-service, it's called steam-rollering, emails went missing in the Brodie Clarke case as well if you recall, he was bigger and so got paid off to quieten him. It is a trait of the Home Office and they need to be brought to book. However, there is more than one way to skin a cat though why you would want to I know not. I'm not dead in a ditch just yet, fight the good fight and all that. By the way they also went into my computer and mentioned the ET forum I had visited when presenting me the bill for it, I kid you not, so mums the word people, they might be watching you too, perhaps they do it to everyone who knows.

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