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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
    • Boeing's CEO defended the company and pledged that it has learned from past mistakes.View the full article
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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.  

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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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Contravention: 01 Parked in a restricted street


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Hi guys,

 

I parked my car on single yellow line in an emergency for going to medical store because my wife is pregnant.

 

I went inside the shop and ask for the medicine but they said you need to consult with your midwife and I just came outside the shop.

 

This all took not more than 90 seconds and when I came outside the officer said you are late.

 

A PCN has been issued to you, at that time he was still writing PCN,

he said why you parked here and why you left your daughter unattended in the car,

 

please take this PCN and you have to pay £65,

 

when I refused to take PCN then he said ok its up-to you we have taken the pictures and we can send you by post if you like,

because I was definitely sure that the pictures can't be taken in less than 2 minutes so I asked him to send by post.

 

Today I received NTO with penalty charge of £130 without any pictures after 1 month and 3 days.

 

My questions:

1) The observation period for "01 contravention" is 5 minutes, can they issue if contravention was less than 5 minutes. how can they prove this?

2) The officer said, take this PCN and pay £65 then how that amount become £130 by post. how does it possible? On Newham website it clearly state that

 

newham.gov.uk/ParkingAndTransport/PenaltyChargeNotices%28PCNs%29/PCNLevelsJuly12007.htm

 

"A penalty charge notice level of £130 applies to all 'serious' contraventions. You can reduce the charge to £65 by paying within 14 days (if issued by a civil enforcement officer) or 21 days (if issued by a camera operator)."

3) He said he has taken the pictures, I am receiving this NTO after 1 month and 3 days without any pictures, why he lied with me?

4) there is no discount period and they are asking me to pay full £130 in 28 days.

 

Should I pay this amount or do you think I should try to go for representations for atlest reduce charge.

 

Thanks

ifti

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Normally you would expect an observation time longer than 90 seconds. However CEOs can't generally falsify this. They press a button on their hand-held gardgets which logs the time - they can't change it.

 

What observation time are they claiming to have?

 

Did he hand you a PCN at the time, or attach one to the vehicle?

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Thanks Jamberson for your reply. Please see attached NOT. Answers to your questions

1) the time was 12:10pm but it doesn't showing any duration.

2) he asked me to take the PCN by hand or if you won't take then we will send you by post, I asked him to send by post because I was sure he hasn't taken any pictures yet and he is trying so I can accept and take the PCN.

 

Questions:

 

  1. Can I ask council for picture proof or is it not required?
  2. Do you know why there is no reduce charge period as it clearly mentioned on council website? I never received any such notice where there is no relaxation of reduce charge.

Your help will be appreciated.

[ATTACH=CONFIG]41632[/ATTACH]

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Don't bother asking for proof. It's a waste of time.

 

The reason there is no discount is because this is a Notice to Owner. According to your description of what happened, the CEO did not attach a PCN to the vehicle, nor did he hand one to you. So you should heva been served with a PCN by post, rather than an NTO.

 

There are two issues to appeal on, then.

 

1. No PCN was served to you. Give your version of events and point out that you ought not to have been issued an NTO and that this constitutes impropriety,

 

2. Say that if the CEO has falsified a statement to the effect that he did serve the NTO, and they then refuse to believe what you have said, nevertheless the PCN is invalid because you are entitled to a loading exemption on yellow lines, and time to allow passengers to board the vehicle - and no observation time was given.

 

I am assuming of course that there never was a PCN attached to the vehicle. And I am assuming that these were just straight-forward yellow lines. I think you have a very good chance.

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thanks again for your help Jamberson. oh Ok, I think I understand now what's the difference between PCN and NTO. There was no PCN attached to the vehicle. They have given me option 1) as you mentioned but used option 2) and sent me NTO. Regarding yellow lines, I'll try to take some pics and will post here.

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The key thing about the yellow lines is that there are not chevrons on the kerb, and you did not have your wheels hanging over the end into a parking bay, or something. Just straight-forward yellow lines is simple!

 

You're right. The PCN is what gets stuck to the vehicle, and there is also a postal version for people who drive off before it is served. Since you did not have one handed to you nor attached to the vehicle, nor posted to you, you've just simply not had a PCN - so they can't now send you an NTO! It's a strong line of appeal - unless the CEO has said in his notes that he did hand it to you - hence you should appeal on both grounds as I mentioned.

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