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    • Yes that's right-Parking Eye are usually very good at getting their PCNs compliant with the Act. So both being out of time means that PE cannot transfer the liability for payment from the driver to the keeper. So only the driver is liable to pay the PCN not the keeper. I understand from you that at least one of the keepers was not driving at the time which puts them in the clear providing PE are not told who was actually driving on that day. However even if with the other car the keeper and the driver were the same person the driver can still successfully argue that they are not liable to pay. The arguments are that there  appears to be no entrance sign advising that the car park is now private. That no signs were there advising that this was a new car park as it was at that time. That the signs are prohibitory so even if PE do have a contract with the landowner, the contract cannot extend to the motorist as there is no  offer other than no parking for those without a permit. You cannot form a contract with motorists trying to park if you are not allowing them to park there because they do not have a permit.  In those circumstance [parking without a permit ] you may be considered to be trespassing but only the landowner can sue for that not PE. And its not worth the landowner suing because the cost of suing would probably not outweigh the fine for trespassing.   PS  I sent you a private message-not about your case.    
    • Please accept my apologies for the delayed update, but i have been trawling through emails for supporting evidence, you see we are in the consultation phase and there will be three meetings during the process. So as i have said  my role is at risk due to the scoring and mine being low. As explained i never received my report as my line manager left during December and i was on leave. So i was not afforded any meeting, i received no feedback at all, so how am i meant to know any areas to improve or to attain a higher grade. So with this in mind i gathered my supporting evidence, i found the email from my then line manager and the objectives that he set out and we agreed.   I then supplied 20 emails that  showed that not only did i reach the targets, i smashed them, highlighting areas that i had saved the company a considerable amount of money, idented issues  implemented process and solutions with ongoing support. All emails are verified and prove that i should have received the highest possible grade going by their criteria. I also included the email from HR when i challenged  the score and they replied with " the outgoing manager supplied thorough feedback to the incoming interim manager who should have provided this (this was never received, and report i received was blank with just a score. Highlighted was the email from HR stating " a two is not a concerning grade"  well clearly it is as less than a month later it is what was used to decide i was at risk. I have supplied this information to the line manager and the external HR rep that was on the call as i have 48 hours to supply this. Had i had a proper and fair review like everyone else had then i would have been able to provide this evidence when he issued the score, he could not argue with the sheer volume of evidence that i had. This proves what was said to me when i took this position, " there was some politics in me getting the role, their line manager had promised the role to one of his guys, they cant really do anything but watch your back" He should not have promised this anyway as two interviews were required in the process *which i sat) so i earned the right to the role. This was because the three of them knew there was a lot that would be uncovered and they wanted it covering, i started to see this after two weeks, had i not said anything then it would have looked as though i was incompetent or stupid. I did try to work with them on this to remedy but sadly they went the other rout instead.    
    • He'll be asking Truss for advice and help next ... or maybe go straight to a lettuce He already asked Swella How do you survive all those breaches of ministerial code etc She is rumored to have replied - dunno - if the positions were reversed, I'd have sacked me in without a seconds thought
    • Dear Stu. I have been very annoyed that they put this fee on my account right now, as you said the court might rule that i have to pay it further on. This sounds like a dodgy practice. Below is what the account manager sent to me when i asked her why this was getting added to my account right now. Is this legal what they are doing i.e. pre-empting the judges decision it seems. 'Thank you for the email.  The court fees have been added to your account as you have not vacated the property. If the court decide that the landlord is not able to recoup the costs, we would remove the charge from your account.  At present, the court costs have not been deducted from the payment you made towards the rent.'
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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • 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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How Do Court Reporters Keep Straight Faces?


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These are from a book called Disorder in the Courts and are things people actually said ...in court, word for word, taken down and published by court reporters that had the torment of staying calm while the exchanges were taking place.

 

ATTORNEY: What was the first thing your husband said to you that morning?

WITNESS: He said, 'Where am I, Cathy?'

ATTORNEY: And why did that upset you?

WITNESS: My name is Susan!

_______________________________

ATTORNEY: What gear were you in at the moment of the impact?

WITNESS: Gucci sweats and Reeboks.

____________________________________________

ATTORNEY: Are you sexually active?

WITNESS: No, I just lie there.

____________________________________________

ATTORNEY: What is your date of birth?

WITNESS: July 18th.

ATTORNEY: What year?

WITNESS: Every year.

_____________________________________

ATTORNEY: How old is your son, the one living with you?

WITNESS: Thirty-eight or thirty-five, I can't remember which.

ATTORNEY: How long has he lived with you?

WITNESS: Forty-five years.

_________________________________

ATTORNEY: This myasthenia gravis, does it affect your memory at all?

WITNESS: Yes.

ATTORNEY: And in what ways does it affect your memory?

WITNESS: I forget..

ATTORNEY: You forget? Can you give us an example of something you forgot?

___________________________________________

ATTORNEY: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know about it until the next morning?

WITNESS: Did you actually pass the bar exam?

____________________________________

 

ATTORNEY: The youngest son, the 20-year-old, how old is he?

WITNESS: He's 20, much like your IQ.

___________________________________________

ATTORNEY: Were you present when your picture was taken?

WITNESS: Are you sh*tting me?

_________________________________________

ATTORNEY: So the date of conception (of the baby) was August 8th?

WITNESS: Yes.

ATTORNEY: And what were you doing at that time?

WITNESS: Getting laid

____________________________________________

 

ATTORNEY: She had three children , right?

WITNESS: Yes.

ATTORNEY: How many were boys?

WITNESS: None.

ATTORNEY: Were there any girls?

WITNESS: Your Honor, I think I need a different attorney. Can I get a new attorney?

____________________________________________

ATTORNEY: How was your first marriage terminated?

WITNESS: By death..

ATTORNEY: And by whose death was it terminated?

WITNESS: Take a guess.

___________________________________________

 

ATTORNEY: Can you describe the individual?

WITNESS: He was about medium height and had a beard

ATTORNEY: Was this a male or a female?

WITNESS: Unless the Circus was in town I'm going with male.

_____________________________________

ATTORNEY: Is your appearance here this morning pursuant to a deposition notice which I sent to your attorney?

WITNESS: No, this is how I dress when I go to work.

______________________________________

ATTORNEY: Doctor , how many of your autopsies have you performed on dead people?

WITNESS: All of them. The live ones put up too much of a fight.

_________________________________________

ATTORNEY: ALL your responses MUST be oral, OK? What school did you go to?

WITNESS: Oral...

_________________________________________

ATTORNEY: Do you recall the time that you examined the body?

WITNESS: The autopsy started around 8:30 PM

ATTORNEY: And Mr. Denton was dead at the time?

WITNESS: If not, he was by the time I finished.

____________________________________________

ATTORNEY: Are you qualified to give a urine sample?

WITNESS: Are you qualified to ask that question?

 

______________________________________

And last:

 

ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?

WITNESS: No.

ATTORNEY: Did you check for blood pressure?

WITNESS: No.

ATTORNEY: Did you check for breathing?

WITNESS: No..

ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?

WITNESS: No.

ATTORNEY: How can you be so sure, Doctor?

WITNESS: Because his brain was sitting on my desk in a jar.

ATTORNEY: I see, but could the patient have still been alive, nevertheless?

WITNESS: Yes, it is possible that he could have been alive and practicing law.

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