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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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      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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please Help - all Advice much appreciated.


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Hi,

 

I am a live in support worker who I supports on a one-to-one level with daily duties and support in care.

I have been in this company for nearly 3 years without any problems till the last 6 months.

 

I know in my position there is a long waiting list and anyone is fighting for the job.

 

However going back in a few months ago I reported my senior ATM regarding something she had said to me which was " if I wasn't driving then I was a filling my job description and that means I should be dismissed

 

( Can I statue that i was involved in a car accident where a drink driver had hit me and I have been taking driving lessons to improve my confidence back on the road)

 

How ever I reported this to my line manager which her response was this she REALLY Say that.

 

And During this discussion I had also told my line manager that I wasn't happy with my one-to-one supervision as I believe the accusations that were written on there when not true e.g. regarding cleaning.

 

And this senior that I have reported a bout she has accused me of not cleaning certain areas of the house which I know for fact I had.

Then my Managers answer to this was then WHY would she say this.

 

So as you can imagine hearing both of those answers I did get quite distress and started crying because at the same time my manager was giving me the third degree regarding this woman e.g. qualifications and experiences within this field of job etc.

 

And from then on my job had been a living hell.

 

However in April I had to take time off work regarding my back. Even though It wasnt causing me any pain but my physio had asked for me to do the light duties of work. as they couldn't find any light duties for me. my Manager then told me to go and get a sick note which I did.

 

During my time off I received a call for my manager now stating that they wanted me to go in for a medical which I thought this was a protocols thing.

 

( But then talking to my other colleagues that this is the they have heard about sending someone to a medical unless it was real issues)

 

So I went to this Medical which I was literally in there for 15 minutes and the doctor just didn't understand what I was doing there and Saying the company had kept asking him regarding a certain issue which he didn't understand either and why they kept repeating this certain issue?

 

Once the medical had finished I went back and carried on with my shift to then My manager come around saying that I've got a meeting with HR regarding my back mind you the report I still haven't come in yet, But I had to attend this meeting and I wasn't giving no letter or anything and this was on the Friday late afternoon/evening.

 

And the meeting was on a Tuesday. Once arriving there on Tuesday they barely spoke about my back and started talking about other issues regarding my duty of care which never ever has come up before so as you can imagine I was pretty shocked to hear what I was hearing once in there.

 

Again I believe from others this wasn't the right protocol.

 

So after the Meeting as you can imagine I was still pretty upset however walking back upstairs to the office I see this same senior looking at me with a dirty look like " ha you just had a meeting with the HR, Bet you didn't like that did you" Smirk and even tho it was in front of a room full of people she didn't say hello. But in front of my manager she did?

 

Smart cow!!

 

Basically because of the meeting above I managed to carry myself I'm believe I stuck up for myself well which they didn't expect of me.

 

And now I'm getting the random spot checks done on me which I don't have no problems with, but don't know why I'm the only carer having the spot checks.

 

And now iv believe iv been set up, to try and get me out of my job.

 

Last week I received a letter from my work stating that I hadn't Taken my clients to his daily activities at the day centre on four occasions which I do have proof off as I have got taxi receipts and they Emailed the company to confirm if the dates were true that we had travel with them.

 

But the teachers at the centre I'm not sure if they did or didnt us as its very busy they have six rooms and many others with disabilities moving around. and on two occasions my client was in continents and I had to get him home and on one occasion I remember bumping into the Teachers how ever the teachers are not sure if you have any recollections of actually seeing us or Not which is still fine. But still write a statement to my company.

 

Basically to cut a long story short, I have been told I haven't been taking my clients to the day centre. They would not state on several attempts to say to me or my union rep to say if this was a formal or informal meeting and kept just saying all this is a investigation meeting nothing to worry about nothing to worry about.

Then once I went to the meeting I ended up getting suspended? I'm still haven't told me on What grounds I have been suspended on?

 

Then they started to investigate my union rep, To see if they actually worked for a union.

Then They called me in for another meeting which again they stated it was just investigation meeting and she only wants to asked me a few more questions. Which surprisingly enough the gentleman from the HR had turned up.

Which has me thinking that they think I was actually going to go in there alone as they kept stating this is just their investigation meeting but were shocked to see my union rep.

However even though I answering the questions to the best of my abilities and the statements they have had Are actually not fact-finding evidence and a lot more hearsay.

 

She has now said she is taking this to a disciplinary hearing.

 

May I say I also said why don't they contact the taxi firm to which her answer was she thinks I have been me liaising with them. So she doesn't cast that as proof.

 

I also said okay I would go with another taxi firm of there choice and in future take a Diary with me to get signatures from each teacher each time we go. ( you know as proof) but she still said no.

 

And now everytime we try to contact the day centre the teachers are now refusing to talk to me & my Union rep Saying its confidentiality, and or we want to do is Asked them afew questions.

 

They will not give me the witness statements or Evidence as yet. Even though my union rep has requested this and they're taking us to a disciplinary hearing..

 

Everything seems all suspicious even in my meeting the minutes in the statement she has made it out like I'm guilty of something, and is changing And twisting the Conversation.

 

Ahh something doesn't seem right, but what can u do!??

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Is driving a requirement of the job? It sounds like it is, so she may be correct in stating you are not meeting the role requirements. Therefore that isn't something for you to raise a complaint about.

 

You are reading a lot into other people's expressions and intentions which you cannot possibly know, being as no one is psychic. How about dealing with facts and not opinion? That is what the investigation will do.

 

If you have been taking the clients out, the investigation will show that. Do the centre have a signing in book? Seems like they would in that line of work.

 

By the way, there is no right to have a rep at an investigatory interview. I would have been surprised too - and disallowed it. Also you appear to be trying to conduct your own parallel investigation. Stop it. it's not your job to contact the day centre or taxi firms! Should you be reinstated you are making it very difficult for these people to work with you in future.

 

Usual advice - head down, sit tight, do some odd jobs around the house.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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