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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. 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 recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement 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    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
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Vivi

Drugs homelessness ipolice

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I have been living with an unemployed man for two years. He is in receipt of no benefits and I work paying all the bills etc. Because he has no income he started to grow drugs in the house and I believe he may be selling outside of the property. We are in social housing property and I am not on the rent book. He has promised to put me on and then withdraws his offer as a way of controling me. The police have come on a number of ocassions for domestic violence reasons. I have told him that I dont want this to continue and he blackmails me saying if I inform the police or housing we will both be out, I will be homeless because I am not on the rentbook. He said he will deny everything and say it is me growing the drugs. Three days ago it came to a head and I set out to the police station to make a statement in the early hours. I fell downstairs and broke my leg and am now at his 'mercy'. I want to do the right thing and report him but I am scared of being out on the streets. I pay all my bills on time will the housing look on me favourably under these circumsances and just remove him pending a police prosecution?

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Hi Vivi

 

I am so sorry for the situation you find yourself in at present I am sure the caggers will be along to give you their wisdom so please be patient.

 

Now you say you have been at the property for 2yrs is the housing association aware of this, do you have anything at all in writing?

 

I know it isn't easy especially with your leg at the moment but do you have any friends, family that you may be able to stay with at the moment.

 

You also mention the police have been involved on occasion but have you ever spoken with their actual Domestic Violence Unit, have a look on the web for your local force and contacts details should be their.

 

This link to womens aid has some information that may be of help:

 

http://www.womensaid.org.uk/default.asp

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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Hi, the housing association are aware of my occuapancy and I have proof of time in the property as I have records of payment of rent. He recently asked for a form from the housing to put my name on the tenancy and all they requested was proof on utility bills with my name and this address from a year ago. Needless to say he has now refused for me to go on the tenancy. I have a number of incident numbers for DV with the police and have spoken to womens aid on two ocassions. what I really need to know is where I/we stand re going to the police, will I loose the roof over my head? everything I own is in this house.

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By the way I have no family alive, the police have asked me this in the past. so theres no one I can go to.

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Hi

 

Now the records of payment of rent could you please clarify i.e your own account, bank statements, receipts from HA or letter stating your payment in your name to that account?

 

Were the Housing Officer aware you were resident in the property and did they ever visit after the incidents?

 

were you also paying council tax?

Edited by stu007

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Clarification of my bank account, statements are not a problem. Reciepts from HA re rent payment are via internet - acknowledgements of payment recieved. Housing officers have never attended as I have never informed them of DV incidents or other. In fact he has phoned the housing organisation asking if he can remove me from the property (I feel he does this to unsettle me). They have none of this info and they have said yes (obviously).

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Viv,

 

Have a word with Shelter. http://england.shelter.org.uk/get_advice

 

IMHO, I think you are putting yourself in a very vulnerable position. Not just because of the violence but also as an accessory to the drugs.

 

I see you have already been given a link to Womens Aid. I think you need to make contact with either group as soon as you can. Only you can make choices about your future.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Viv,

 

Have a word with Shelter. http://england.shelter.org.uk/get_advice

 

IMHO, I think you are putting yourself in a very vulnerable position. Not just because of the violence but also as an accessory to the drugs.

 

I see you have already been given a link to Womens Aid. I think you need to make contact with either group as soon as you can. Only you can make choices about your future.

 

I thank you and others for the time and advice given to me, thank you!

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I thank you and others for the time and advice given to me, thank you!

 

No-one wants to see you or anyone else in this situation but you are the only one who can do something about it. I'm sure it's all easier said than done but it's down to you to actually do something about it. We're all here to help you through it so please please please look at your options and get yourself out of it.

 

It won't be easy but I hope that with support you can do it. Don't allow yourself to be treated this way.


 

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Hi Vivi

 

Thought Id pop in to see how things are going.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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Please Donate button to the Consumer Action Group

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Vivi, go and see (or telephone cos of your leg) the housing officer. There are rules in social housing tenancy agreements about use of domestic violence. You are a vulnerable person right now, re the violence and your leg. You will likely find they are duty bound to assist you. There is a good trail of evidence with the police about the violence, but lord only knows what you are going to do about those plants. I think you'd better fess up to it. After all, with your leg in plaster, and being immobile, how on earth are you supposed to be taking a hand in it?

 

I clearly recall a colleagues case some years ago, man and woman, no children, one bed flat. He was the tenant, she was not not. He beat her black and blue regularly. When she found the courage to admit what was going on to my colleague, all hell let loose. I cannot recall, after all these years, which legislation was used, but it ended up with him out of the property, by court order, and the council giving her the tenancy. They weren't married, I suspect an injunction was gained first, by the council, with assistance and evidence from the police, .and then possession would have been gained by breach of tenancy agreement, re the violence. The judge will either have ordered a straight transfer of tenancy to the female, or the council granted it to her after the event. So don;t give up hope.

 

Good luck. X

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I'm very sorry to hear your situation and hope that you get sorted. No person deserves to be homeless and there are plenty of people out there who are willing to help you. Do not be bullied by this person and if you feel that they are doing something wrong then you need to report them to the police as you may be in trouble if they find drugs in the house.

 

The police will also be able to offer you advice and also the citizens advice. Please don't think you are alone in this and i hope you get sorted soon. :)

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