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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • 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.              
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New Disabled Parking bay in road is blocking traffic


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I would value all opinions on this please.

 

There is a disabled blue badge holder living directly opposite me in a cul de sac. He has always parked on my side of the street, and had applied for a disabled parking bay, but hadn't heard if it was successful.

 

There are grass verges outside the houses opposite, many of which have been concreted over to make a hard standing to park on. The man concerned still has a grass verge, but no hard standing.

 

I got home on Wednesday night, to find a huge disabled parking bay on his side of the road, directly opposite my parking space. My parking space is on the road, but there are no yellow lines or parking restrictions.

 

If I park in my parking space, this blocks the road entirely, and you could only fit a bicycle (at a push) through the space in between. This would stop all traffic flow through the street and as it is a cul de sac there are no alternative routes.

 

I am of course concerned about general traffic and congestion, but also about emergency vehicles and service vehicles (such as refuse collection) being able to get down the road.

 

In order to make it accessible, they would need to prohibit parking in 4 to 6 spaces to allow vehicles to drive around the disabled parking bay, and parking is already tight.

 

I am writing to the council and the fire service to complain. Can you think of any good points I should include in my letter?

 

Thank you.

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I mean the place I usually park my car. All the cars park on the side of the road opposite the new disabled parking bay, because most of the other spaces on the other side of the road are off-road hardstandings.

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I mean the place I usually park my car. All the cars park on the side of the road opposite the new disabled parking bay, because most of the other spaces on the other side of the road are off-road hardstandings.

 

Hmm... In which case I think it's your car that causing the obstruction. You've no right to park your car there, just the habit of doing so.

 

That's not to say you can't challenge the positioning of the disabled space via the council, particularly if you weren't consulted about it.

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I got home on Wednesday night, to find a huge disabled parking bay on his side of the road, directly opposite my parking space.

 

When you say 'huge', is it significantly larger than the vehicle it is supposed to be for ?

 

If so you might be able to have it reduced in dimension, if you can prove the size is excessive, or it likely to be a hazard for emergency vehicles.

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You might suggest to the Council to concrete the grass verge and place the Disabled Bay on it so as to assist in keeping the highway clear.

 

Any car parking anywhere on the highway could be given to a ticket for causing an obstruction. In most cases a blind eye is turned but if a complaint is made to the police they sometimes take action and the easiest action is to issue a Fixed Penalty for obstructing the highway.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Hmm... In which case I think it's your car that causing the obstruction. You've no right to park your car there, just the habit of doing so.

 

That's not to say you can't challenge the positioning of the disabled space via the council, particularly if you weren't consulted about it.

 

There is absolutely no need to consult about any disabled bay. It is the council's responsibility to do an assessment for the bay and grant its inception, or not. If the bay has been painted in accordance with the correct law then other road users cannot do anything about it.

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Hi nonymouse, We weren't consulted about it so I think I have a right to challenge it. I don't technically have a right to the 'space' directly outside my house, but I do have a right to park there if there is a space, because there are no lines restricting parking. Also, there is nowhere else to park - if there is someone else parked there, I struggle to find a space, not only in my road, but the surrounding roads too.

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Hi Kiwi1, yes it is significantly larger than the car which would want to use it, but disabled spaces are not allocated to a particular person. Anyone with a blue badge can park in it, so the car sizes would vary.

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Hi dw190, Yes, I think I will do that. It seems like the only sensible alternative. The parking bay has to be directly outside the house of the person who's applied for it, so the grass verge would be the most logical place to put it.

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Hi Kiwi1, yes it is significantly larger than the car which would want to use it, but disabled spaces are not allocated to a particular person. Anyone with a blue badge can park in it, so the car sizes would vary.

 

How many vehicles could this disabled parking space accomodate then ?

Have you checked how many there are in the cul-de-sac that might require the use of it ?

Have you checked with the council to see if this is specifically just for a/the property near yours ?

Have you checked if the dimensions are legitimate (or even if it is a council painted bay, or somebody with an aerosol ?)

 

Are you near a railway station or some other drop off/commuting point ?

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I think the best thing you can do is ask very nicely if they could reconsider this and remove the grass verge outside his house and replace it with hard standing for him to park on. You need to get them onside, because otherwise they may well come and paint yellow lines on your side of the road so that no-one will be able to park for about 5/6 car lengths. In the meantime if you do park there you will risk getting a ticket if you are deemed to be causing an obstruction.

 

Is he a nice guy? Maybe you could talk to him, and he could speak to the council and say he'd rather have the hard standing, if that would be okay with him of course.

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