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    • 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.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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A POPLA decision. but how POPLA will it be


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Appealed against Car Parking Partnership to. POPLA. CPP say I was there for 11 minutes and I say I was there for 8 minutes. Thier evidence, time stamped photos and ticket time adds up to 8 minutes. Grace period is apparently 10 minutes. To you and me, this sounds like an open and shut case, but POPLA is funded ny the BPA, so let's see how independent they really are. If independent, I win hands down, if a BPA puppet then we proceed on to court. Will keep you all informed. Wil also inform the DVLA, Norman Baker, OFT, Watchdog, Plain Language Commissioocal MP and many more. Merry Xmas to you all

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Demands for cash will have to go to the courts. My main interest is in exposing POPLA either as truly independent and follows all statute and contract law, including the unfair contract terms 1997. Or as you say, just a facade for the government/DVLA and a puppet for the BPA. I expect to win, otherwise a lot of people and institutions will become involved. I don't take on fights I can't win. This one will be a walk in the park.

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Of course the one big elephant in the room for the PPC is this from the DFT:-

 

Charges for breaking a parking contract must be reasonable and a genuine preestimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

So how is the PPC going to be able to justify the charge of ( I guess) £60+ for a few minutes overstay?

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POPLA are owned by the parking companies. Why do people think that they will ever get any joy. I hope you complaints gain you some publicity and you ignore the demands for cash

 

POPLA along with the BPA are limited companies, nothing more. The government may listen to them as a trade body but they can also choose to ignore them.

 

POPLA is paid for by the BPA but is actually run by the London councils. We are yet too see how independent they are?

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The charge is actually £100 as actual losses but they did offer to cost themselves a whole £60 in losses to help me out and I pay £40. Strange how they chase so hard to lose £60. Anyway! Hopefully by the end of January. I will be able to report back with either POPLA - Fair play or POPLA - The puppet people. What's your guess

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  • 2 weeks later...
POPLA is paid for by the BPA but is actually run by the London councils. We are yet too see how independent they are?

 

I will await with interest.

Nick Lester

Current: Corporate Director of Services at London

Councils

President at European Parking Association

 

Council

Member at British Parking Association

 

Past: Director of Transport,

Environment and Planning at London Councils

Chief Executive at Transport

Committee for London

London Parking Director at Parking Committee for London

 

 

 

 

http://uk.linkedin.com/pub/nick-lester/9/382/97b

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  • 2 weeks later...
POPLA is paid for by the BPA but is actually run by the London councils. We are yet too see how independent they are?

 

Doesn't matter what decisions they make they are not independent. The BPA put the appeals process out to tender and awarded it to London councils. Possibly due to the fact they would agree to the BPAs list of points that can be appealed and there are London council employees on the BPA board.the BPA of course has members of the PPCs sitting on it, so these London council employees and these Ppc board members have a nice cosy relationship. It will be one of my challenges to popla in that they are not an independant body And Ias the RK cannot be held liable due to the process not being fair as POPLA is not an independent body and until they are a completely independent body as far as the appeal points, appointments etc are totally not made by the BPA or any of its members. I will use the following in support:

R -v- The Secretary of State for the Home Department ex parte Doody

[1994] 1 AC 531 at 560, per Lord Mustill : “Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner

which is fair in all the circumstances.”

 

I believe the act of parliament, PoFA and/or Schedule 4, confers an administrative power on the IAS. This can be seen in the DoT guidance as well as the statements made by the Home Office minister in parliament leading up to the Act becoming legislation that there would be a fully independent appeals body. I am therefore not challenging PoFA or schedule 4 which I believe would possibly require a JR, but I will appeal POPLA as being able to carry out a fair administrative power.

 

dont know if it will succeed but worth a shot.

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Can't argue with you on your points, especially after my phonecall to POPLA today. I got my appeal in on the first day of the 28 day allowance on Dec 14. I asked how long the PPC has to respond to POPLA once they are notified, I would assume that being a balanced appeal system, it would also be 28 days. (balanced is a tongue in cheek remark). The woman put me on hold while she checked the procedures and came back with the following reply. RING THE BPA FOR ADVICE. I did make a previous call to POPLA in late December with the same query and was told that I send in my appeal to POPLA and they send my evidence and statements off to the PPC who then has the opportunity to tailor their responses to my appeal. And he said that no time limit was set for the PPC to respond. Now whichever response you wish to believe, I just keep thinking I will wake up soon and realise it was just one of those weird dreams. But unfortunately.......

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  • 2 months later...

POPLA decision is in. As the PPC did not respond by the 3rd March the Assessor considered only my submissions and found in my favour. I received an appeal pack from Car Parking Partnership on the 16th March as did POPLA, almost 2 weeks too late. The issue was about a 10 minute grace period I parked for less than 8 minutes and CPP tried to suggest it was 11 minutes using time stamped photographic technology which was accurate but boosted the time to 11 minutes by claiming I was SEEN prior to using the camera, never a winning strategy. I think CPP missed the deadline due to incompetence and by being SWAMPED by appeals. POPLA are also SWAMPED with appeals and are struggling.

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POPLA seem to be by the book.

The do seem to follow the rules, and uphold appeals where they should if the procedure hasn't been followed.

They won't replace a court, and if the appeal's on a point of law, they seem to say let a judge decide, which again seems fair enough.

Have to watch and see, but I think it's a better option than ignore now.

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Currently I think its best to appeal then appeal to POPLA then a cease and desist letter with the option of court. You have followed protocol and protected your backside. Now ignore. To many PPC's are starting to chance Thier arm with legal papers.

 

I don't think that makes them not being very smart though.

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