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    • He was one of four former top executives from Sam Bankman-Fried's firms to plead guilty to charges.View the full article
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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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    • 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.

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Russia /China Middle Finger to Ebola


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As usual the worlds two most selfish countries have refused to help in this time of crisis.

 

I'm sorry to say this, but I will feel no sorrow should it break out in either of both of those countries.

 

Mind you, as per norm, it's only UK and USA throwing in assistance, there's not a lot from anywhere else.

 

 

Islamist problems are only miniscule compared with the problems Russia and China bring on the world. Isil will be gone one day, but Russia and China will still be here bleeding the rest of the world and taking what 'they' want and not giving a damn for anyone else.

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China has donated £5m it's something, but not enough, they should be taking the lead. Nothing from Russia.

 

The UK has donated £12m, but are doing a lot more, sending hospital ships,

servicemen, doctors etc.

 

http://www.bbc.co.uk/news/world-africa-29654982

 

They won't get it until they have Ebola victims.

 

Bejing airport are screening for Ebola, but that might not be enough. There are no direct flights from West Africa.

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http://www.mintpressnews.com/while-america-sent-troops-to-fight-ebola-cuba-sent-an-army-of-doctors-2/197725/

 

Cuba helping

 

It should have been organised you could not leave the drawn line of the infected area unless you had been in quarantine to make sure you were clear before travelling.

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It should have been organised you could not leave the drawn line of the infected area unless you had been in quarantine to make sure you were clear before travelling.

 

Impractical. To be effective it would involve no physical contact with another person (to be sure not to have come into contact with their body secretions) for 21 days prior to travel.

 

An alternative might be quarantine on arrival, for 21 days.

This wouldn't have to be individual (so not individual accommodation without contact with anyone else, but "en masse")

Politicly this might be unacceptable (effect on trade, imagery of "prison hulks" moored offshore)

Travellers might also seek to circumvent it (e.g. Travel from West Africa to East Africa first, then deny having been in West Africa, knowing that to tell the truth means 21 days quarantine.......)

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Cuba has one of the most advanced healthcare infrastructures in the world.

Free to everyone.

 

I believe at one time they provided free lazer eyesight correction that would cost thousands in the UK.

 

But whilst they have good healthcare, it is a very poor country.

 

In regard to Russia/China, they always act in their own interests. Russia have a naval base in Syria and have deals with various middle eastern countries. It is about business and extension of their powers, not much to do with people. As for China, they are too busy making money in Africa as millions are mining the natural resources there. They are building railways and roads, as well as ports, but this is mainly to serve their own interest in getting the minerals from Africa to China. Once the minerals are depleted they won't be interested.

 

China is going to take over from the US as the biggest economy in the world within 5 years. Just look at where they are involved in the world. Australia has been virtually taken over by Chinese company investments in exploiting the mineral resources there.

We could do with some help from you.

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Cuba still suffering from the Cuban missle crisis. US santions and lack of commerce with US.

 

Most American citizens hate communists and socialists. I have had debates with US Democrat party supporters about healthcare and they would not accept an NHS system there. There is a real fear of state provided services. They believe that there is more accountability for patients using private healthcare companies. Also they don't like the rationing that goes on in a state/taxpayer funded system. But then some of them will also say they don't like the fact that millions of American can't afford health insurance and hope that charities can bridge the gap.

 

Cuba would have to change to a democratic market based economy for the US to have normal relations with them.

We could do with some help from you.

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Impractical. To be effective it would involve no physical contact with another person (to be sure not to have come into contact with their body secretions) for 21 days prior to travel.

 

An alternative might be quarantine on arrival, for 21 days.

This wouldn't have to be individual (so not individual accommodation without contact with anyone else, but "en masse")

Politicly this might be unacceptable (effect on trade, imagery of "prison hulks" moored offshore)

Travellers might also seek to circumvent it (e.g. Travel from West Africa to East Africa first, then deny having been in West Africa, knowing that to tell the truth means 21 days quarantine.......)

 

Reading your alternative I can see how practical my suggestion is. You quarantine from source and should have been done at it's earliest stage.

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There were only a couple of cases, they were managed in the way they have always been managed, then the numbers exploded, they carried on dealing with them the same way, clearly the capacity wasn't there to deal with them, people were left in the streets to die. Over 4,600 deaths, thus governments panicing.

 

Reading your alternative I can see how practical my suggestion is. You quarantine from source and should have been done at it's earliest stage.
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Reading your alternative I can see how practical my suggestion is. You quarantine from source and should have been done at it's earliest stage.

 

What do you mean "quarantine from source", though?

Put people in segregation for 21 days prior to travel? If the healthcare system in affected areas is already overwhelmed ... Unlikely people would agree.

 

Segregate them for 21 days after leaving endemic area? (The original "quarantine" was 40 days, due to a longer incubation period... http://en.m.wikipedia.org/wiki/Quarantine )

 

Are you suggesting quarantine as an individual without contact with your fellow travellers? quarantine en masse?

 

Where should those in quarantine be held?

All these issues (& more!) would need to be addressed before a quarantine policy could be practical and enforceable.

 

What of those travellers who travel first to a non-endemic area? (Which people would do to avoid quarantine....)

 

If "quarantined" prior to travel : how to resource and police it?

 

If you believe your suggestion to be practical ... give us more details (of what you mean & how it would work) to be persuasive

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I mean, too little too late. This disease has been around for some time. Quarantine centres should have been set up years ago. Foreign aid was squandered. Should not have sent money but practical help. There's still time to quarantine though. Set up the centres, no one leaves the area until deemed clear. Containment is the only answer. The experts can work out the logistics.

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I mean, too little too late. This disease has been around for some time. Quarantine centres should have been set up years ago. Foreign aid was squandered. Should not have sent money but practical help. There's still time to quarantine though. Set up the centres, no one leaves the area until deemed clear. Containment is the only answer. The experts can work out the logistics.

 

Years ago?

This outbreak was recognised by WHO in March 2014.

http://www.who.int/csr/don/2014_03_23_ebola/en/

 

No doubt there had been limited outbreaks of Ebola before it was formally recognised / identified by Prof Piot in 1976.

There have certainly been outbreaks in West Africa since 1976.

 

So when would should your quarantine have been introduced?

The current outbreak in West Africa hasn't failed to be controlled through an absence of knowing what to do.

 

It has failed to be controlled due to a mixture of:

1) Poor healthcare infrastructure

2) over-whelming of healthcare facilities

3) inadequate resourcing (especially PPE) of those healthcare facilities

The healthcare workers there know what needs to be done : they have dealt with this before. Them knowing what needs to be done and being able to do it are distinct, though

4) Mustrust / lack of knowledge of the public in the endemic area, with risk of non-cooperation.

 

Saying "they should have used quarantine" is all well and good : but they knew what they should have done ..... Knowing what to do & "being able to do it" when you haven't got the resources & some of the locals don't trust the message from healthcare - are 2 different things!

 

Consider this : with all the awareness of the West African outbreak, with all the resources of the most developed healthcare system in the world - 1 case of Ebola in the USA still managed to transmit to 2 other people even AFTER being recognised as a case of Ebola.

It isn't as simple as "ohh, use quarantine".

 

I'm also concerned that you are confusing "quarantine" / "self-isolation" with isolation.

There are no formal quarantine centres in The outbreak areas in West Africa. There are treatment/isolation centres, which is a subtle but important difference.

 

People exposed to an ebola case are asked to self-monitor [for temperature] (and self-isolate) where possible.

If they develop fever or symptoms they should go to a treatment centre for testing, and if they have Ebola should be isolated.

 

So, what do you mean by "quarantine centres" : I get the impression you don't understand the concept of quarantine - Quarantine happens after leaving an endemic area (so, reducing the risk of new infection in that group). Those quarantined are observed (outside the endemic area) for a period exceeding the incubation period. If no cases arise in that group, the whole group can be released from quarantine.

If a case arises in the group, they should be segregated, and the "clock reset"

 

If you are suggesting travellers should be "quarantined" prior to their travel .... If this is in an endemic area, there is a risk they'll still be exposed. Quarantine (as opposed to "self-isolation") is when the onsrvation process (for those not showing symptoms but potentially within the incubation period) occurs outside the outbreak area.

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China has donated £5m it's something, but not enough, they should be taking the lead. Nothing from Russia.

 

 

 

The UK has donated £12m, but are doing a lot more, sending hospital ships,

 

servicemen, doctors etc.

 

 

 

http://www.bbc.co.uk/news/world-africa-29654982

 

 

 

They won't get it until they have Ebola victims.

 

 

 

Bejing airport are screening for Ebola, but that might not be enough. There are no direct flights from West Africa.

How much of this money is really going to help?

It will be skimmed heavily like any other charity donation and a few copper coins will reach the destination.

I don't blame Russia and China for not digging deep into their pockets, they know how the western world works and that most of the money would end up being used for someone's new power boat.

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Russia and China are amoung the most corrupt counties in the world, so they won't be leading by example. Although China has very strict penalties.

 

http://www.transparency.org/country#CHN

 

http://www.transparency.org/country#RUS

 

How much of this money is really going to help?

It will be skimmed heavily like any other charity donation and a few copper coins will reach the destination.

I don't blame Russia and China for not digging deep into their pockets, they know how the western world works and that most of the money would end up being used for someone's new power boat.

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BazS you should apply to work for the WHO explain how it's done:|

 

You don't know who I work for, nor what I do!. :)

 

Do you disagree with anything I've posted (if so, why?), or think it is factually incorrect?

 

I bet : Nothing I've said contradicts / is contradicted by WHO's info.

 

Even so, I'm aware that what MSF do (nor the UK's PPE guidance) isn't per WHO guidelines, so don't expect even

The experts to all agree!

 

I'm not holding myself up as an "Ebola expert", but I know what the experts are advising, and I have access to experts.

 

To back up these assertions (UK guidance differs from WHO over PPE, but matches MSF's practice) : If I can quote Prof. Shaheen Mehtar (from 15th October, in a discussion on Ebola PPE, a discussion on a list that anyone could join, and whose contents are not "protectively marked")

 

I wonder if I might help since I serve on the WHO committees for EVD. First, I am not sure that the UK actually follows the WHO recommendations and they are going down the path more of MSF with coveralls of a impervious material while the WHO says one can wear gowns or overalls of such material. The reason for this is because in West Africa we are working under much higher temperatures compared with the UK. Plus there is no ventilation in most of the ETUs and they are basically made of plastic sheeting or similar at the moment. So the HCW are overheating"

 

Prof Mehtar is the chair of ICAN

http://www.icanetwork.co.za/about/board/

So she knows a bit about Ebola........

 

Accurate info / public education about Ebola is essential, to prevent panic & erroneous responses : (responses by the public or by government!)

 

(Let alone cruise liners being refused docking in Mexico because ONE passenger [who has no symptoms!] MIGHT have handled clinical specimens from Thomas Duncan.

http://www.telegraph.co.uk/news/worldnews/ebola/11171462/Carnival-Magic-returns-to-Texas-after-Belize-and-Mexico-refuse-to-allow-possible-Ebola-victim-to-disembark.html

 

So, in the end it doesn't matter who I work for (currently - between jobs, new job from tomorrow], and in 1,850 CAG posts, you'll never have seen me publicly claim a qualification or job title .....

What matters, I suggest, is if I am citing accurate info : and I bet you can't find significant factual error / faults with it.

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