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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
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      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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Hospital neglect


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This is in danger of being long winded so I will try to break it down as much as possible.

 

Christmas eve my mum had a fall at home and was unable to get up as she was in so much pain. A ambalance took her to her local hospital where they gave her xrays and told her she had torn a muscle,they kept her in over night just to keep watch.

 

Christmas eve they discharged mum even though she was unable to stand up we had to wheel her to the car in a wheelchair which they would not let us hire. On arrival to mums house we had to go and get a dinning room chair and carry her into the house as she was unable to walk.

 

Mum spent the next 7 days at home unable to move from her armchair and having

to do bodily functions in a bucket. The pain was so great that mum was taken back to the hospital where it was discovered that she had in fact broken her hip.

 

At this point we put a complaint to the hospital trust as to why this had happened.

 

Mum was transfered to another hospital to have the hip replaced she was given the option to go under general or have an epidurel but was strongly advised to have the latter because of other health issues.

 

Mum had the op and all was ok so she was transfered back to the original hospital.

While here mum had a chest infection which was treated . In the mean time they were giving mum physio and trying to get her mobile. Mum struggled with this and was in constant pain so they gave her another xray which was 13 day after the op and they discovered that the op had failed (mums bones were too weak ) and the hip was still broken.

 

The next thing we know mum phones us on her mobile that she was being taken back to where the op was done they then done another op as soon as she got there (under general where as the 1st one they said would be risky) no member of family was informed by the hospital of any 2nd op.

 

Mum came around from the op but the following day was put on total life support with multipal organ failiure and septicimia. Life support was shut down 7 days later and mum passed.

 

Where do we go from here? we have not had an answer from the 1st trust as to why mum was sent home with a broken hip but we now have issues with both hospitals who are in different parts of london. Is there a body that will investigate both hospitals under one complaint? We don`t want compensation we just want truthful answers. Mum spent the last 5 weeks of her life in agony we deserve that and so does she.

 

 

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My deepest sympathy to you and your family. I lost my sister in 2011, although your mum and my sister didn't have the same illness, they both died the same way, sepsis and life support, so I totally understand your heartache and we too are in a simIliar situation, our case is with the procurator fiscal (CPS Scottish equivalent)

anyway we first reported our complaint to the hospital

ombudsman who investigated and responded unsatisfactorily to our

complaint. The next step is an independant complaints

commissioner 0300 456 2370 (London area)

You can also sue them by using a specialist malpractice solicitor (google should I sue the NHS) they will do it for no

win no fee.

I'm so sorry you've suffered and those @&"#%+ should be

hauled over the coals for what they have done x

It can take a long time- stick with it and good luck xx

scotgal 

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I too am extremely sorry for your loss.

 

You cannot go to the Ombudsman until you have been through the hospital's complaints process.

 

My advice - and I've been in your situation - is to apply for all your mum's medical records (specifically request x-rays etc) for the period of events. I would suspect that you will have to do this through both the hospitals that treated your mum. PALS will be able to inform you of the process. There will be a charge.

 

I would be tempted to suggest that you get your data before making your official complaint, because hospitals have a tendency to lose information that incriminates them. Although, the data request will alert them to a possible claim. Make your formal complaint directly to the Chief Exec. PALS are just a go-between as far as I can gather. I found them next to useless.

 

Reading the data will be painful, but it will help you to better understand the course of events.

 

I understand your need to know exactly what happened. It's a way of trying to make sense of such a terrible tragedy. However, despite the report from Mid-Staffs, don't expect this to be easy. The hospitals' management will probably respond in a very neutral way, offering sympathy but accepting no blame. They may invite you to meet with them. If you do attend, take somebody with you. Have a list of questions prepared that you want answered. If it were me, I would also covertly record the conversation (I would not ask for permission because they would probably spout some data protection rubbish or say it was against policy - and you are not in a position to make an on the spot challenge).

 

If you are unhappy with the hospital's final response to your complaint you can go to the Ombudsman. I would like to offer you a little crumb of comfort in this organisation's wish to defend and protect patients, but I cannot. The Ombudsman process takes months before you even know whether they will investigate your case. The only other course of action if this fails and you are still sane is to go to judicial review.

 

My own experiences left me with no trust or confidence in my local hospital or any part of the complaints process. The reports in the news recently about hospital management paying gagging money to their subordinates, doctors and nurses or persecuting whistleblowers is, to most of us, no surprise.

 

My heart goes out to you. It may be a long and weary road.

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Sorry I missed the bit out about the hospitals own complains procedure we went through, Sali is correct about the ombudsman and the long and weary road. I know money isn't the motivation for you, we haven't asked for anything other than someone to say sorry! But I think financial Loss to the NHS, is the only language they respond to. Can you ring up try CPS and find out about

an inquest x

scotgal 

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Very sorry for your loss.

I agree with Sali in that you should forget about PALS as they work for the hospital, the first thing you should do is apply for copies of the medical records/xrays and covertly record all meetings/telephone conversations (such recordings are totally legal and admissable as evidence). Xrays should be digital, provided on a CD and cost about £10.

Again, very sorry for your loss.

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Thanks Paul and once again all that have replied

 

The complaint that we have put in and has reached its time scale was met with the response that since mum was mentally able to complain by her self our complaint has now been thrown out and since mum has died we need to resubmit the complaint. The question I now have is when we ask for all records etc do we ask in the same format of a SAR?

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Thanks Paul and once again all that have replied

 

The complaint that we have put in and has reached its time scale was met with the response that since mum was mentally able to complain by her self our complaint has now been thrown out and since mum has died we need to resubmit the complaint. The question I now have is when we ask for all records etc do we ask in the same format of a SAR?

Hi,

Before you resubmit your complaint you need to get the medical records. I don't think the Data Protection Act applies to the data of deceased persons so a SAR would just be returned to you. I would apply for the records as quietly as posssible to the medical records officer at the hospitals concerned under the Access to Health Records Act. (I think this is right but will check later today when I have more time). Hold back on resubmitting your complaint until you have the records because you don't want to ask questions in the future that you don't already have the answer to.

Just checked: Access to deceased persons medical records is governed by the Access to Health Records Act 1990.

Edited by Paul Heathcote
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Hi sticky29,

 

I am so sorry for your loss. What happened to your mum is absolutely dreadful.

 

I would go straight to a lawyer specializing in medical negligence. You will need all the medical records. You do not have to wait for the Ombudsman before you instruct a lawyer. Do not go to anyone who offers you a quick £15,000. You need expert advice from one of the larger, established firms who specialize in this field, and most will not require you to pay anything up front.

 

DD

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Hi sticky29,

 

I am so sorry for your loss. What happened to your mum is absolutely dreadful.

 

I would go straight to a lawyer specializing in medical negligence. You will need all the medical records. You do not have to wait for the Ombudsman before you instruct a lawyer. Do not go to anyone who offers you a quick £15,000. You need expert advice from one of the larger, established firms who specialize in this field, and most will not require you to pay anything up front.

 

DD

 

That's exactly what not to do - very bad advice.

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Sorry, although obviously the Ombudsman must be allowed to give a ruling, there is no harm in consulting a lawyer at this stage.

 

It is a personal opinion, of course, but I would speak to a lawyer.

The Ombudsman doesn't have to give any sort of ruling at all. There is harm in consulting a lawyer at this stage.

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There are a number of issues involved here and it would appear that your mother suffered from underlying health issues which may have contributed to her death. However, missing your mothers broken hip is unacceptable and shouldn't have happened. Whether this contributed to her death, however, is not clear and would require further questions to be asked. Any surgical procedure has associated risks and these only increase with age and declining health.

 

My recommendation would be initially to contact PALS at first and make a complaint in writing asking for answers to the questions you have raised. This can be done by searching for your local PALS (Patient Advisory Liason Service) office (I can't post a link so just search the internet for PALS) - you will need to begin a complaint if you decide to instruct a solicitor are the response will form part of the evidence for any potential claim so this is the first place to begin.

 

There are plenty of law firms who will offer you free advice on this subject and who will take the case on under a Conditional Fee Agreement (no win no fee) if they feel that there are reasonable prospects. However, as prreviously advised, you will need some evidence.

 

I am sorry to learn of your loss.

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  • 4 months later...

Since I last posted the complaint was resubmitted again and the trust once again failed to respond by the given time frame. They once again asked for more time as they had been unable to gather the information needed to which we agreed . They have now informed us that all of mums notes have now gone missing. Where do we go from here? My sister in law has now submitted a complaint to the ombudsman (She is the one who submitted the original complaint on behalf of all the family) The complaint was not made with a view to obtaining compensation just answers.

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Since I last posted the complaint was resubmitted again and the trust once again failed to respond by the given time frame. They once again asked for more time as they had been unable to gather the information needed to which we agreed . They have now informed us that all of mums notes have now gone missing. Where do we go from here? My sister in law has now submitted a complaint to the ombudsman (She is the one who submitted the original complaint on behalf of all the family) The complaint was not made with a view to obtaining compensation just answers.

 

How very convenient. How can they lose this information ?

 

I am sure others will pop in and offer suggestions, however, I think you have made the right move by making a complaint to the Ombudsman.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Since I last posted the complaint was resubmitted again and the trust once again failed to respond by the given time frame. They once again asked for more time as they had been unable to gather the information needed to which we agreed . They have now informed us that all of mums notes have now gone missing. Where do we go from here? My sister in law has now submitted a complaint to the ombudsman (She is the one who submitted the original complaint on behalf of all the family) The complaint was not made with a view to obtaining compensation just answers.

 

Most Trusts, don't even have a definition of what a complaint is. It is no wonder they are so hopeless at dealing with them.

 

In terms of the Medical Records, you have a number of options. You could try making a request to the GP. It is possible that some records or at least letters have been sent to the GP.

 

You could also complain to the General Medical Council about each Doctor - If they agree to investigate they will contact the Trust(s) and appoint an Expert to write a report on your complaint. - This process whilst time consuming might give you some answers.

 

http://www.gmc-uk.org/concerns/making_a_complaint.asp

 

There are also the usual routes, such as writing to your MP etc. If your dealing with the complaints department, find out the email of address of the chief executive of the trust (the name should be on their website and the email address can be identified via looking up 'contact us') and then keep bombarding the chief executive and if you like the entire trust board with emails until you get some answers.

 

Yes Mark, I am Bones

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As far as lost records are concerned, I'd be very surprised if they have really lost everything. Most hospital records are now digital, so I'd be asking the Trust concerned to confirm that they have lost not only paper records, but all the digital records (and most imaging is now digital, so the x-rays should be on a hard drive), across all their systems - wards, imaging, labs and so on. Ask if the Caldicott Guardian is aware of the loss of the records, and what action he/she has taken. Then report the Trust to the Information Commissioner.

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