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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)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; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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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.
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      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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Hi all

 

First time for me on this forum. I have seen several posts regarding nuisance neighbours and was wondering if anyone had experienced mediation, which I attended with my next door neighbour today and also wondered what my options are from now on.

 

My neighbour moved in about 1 1/2 years ago. I have endured screaming from her kid on a daily basis since, made worse by the nice weather when all the windows in her property are opened, she shouts at her daughter all the time and it goes on for hours and starts about 7am even on weekends. Apparently her daughter has mental health issues although she has not yet seen any professional about it.

 

I attended mediation today where the mother stormed off twice, accused me of things that weren't true, attacked me verbally and interrupted me, (this was allowed to happen by the mediator) I wasn't given the opportunity to reply to these attacks. Eventually because she is 'suffering from depression' (again unconfirmed) the family are in no position to keep the noise down, apparently because of the mental health issues, her daughter is not able to be kept quiet, she is unable to stop shouting, the dog needs the back door open to run in and out of the house, when tackled about this they agreed the dog could be let back into the house, but said the windows need opening as they both smoke. It was suggested they go outside which the male agreed to but the female is unable to apparently due to a newly formed agoraphobia (unconfirmed). Despite this she left the meeting to go outside the venue for a fag. A vague agreement was made but it was very wishywashy as she was at the time threatening to drive off in her husband's car, and she can't drive. Therefore I don't see a proper outcome to the meeting.

 

They are risking my career which I have worked hard for, my daughter's and my own health is suffering greatly both physically and mentally and apparently there is nothing that can be done. The mediator fell for the sob story completely and said that nothing could happen anyway as the housing association will not remove a family when there are mental health issues. Is this true?!!!? My neighbour told me it's the way it is and it's going to get worse as her kids get older! Surely there is something I can do about this bully? Everyone seems to fall for her stories and feel sorry for her, but I hear her laughing all the time and talking about similar bullying behaviour towards the mothers at the school her daughter attends too.

 

I hope someone knows how I can take this forward as I really liked my home, but I hate living here now. I've invested a lot of time and money into getting it nice as it was a disaster when I first moved in and am very reluctant to move.

 

I hope someone can help, it's making me feel completely miserable :Cry:

Karlew

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Hi and welcome to CAG. Have you been in touch with the housing association? Anti-social behaviour is generally high on their radar and can lead to eviction.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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Envrionmental health?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi and welcome to CAG. Have you been in touch with the housing association? Anti-social behaviour is generally high on their radar and can lead to eviction.

 

Thanks for your replies. The housing association are aware of the situation, they insisted on the mediation and arranged it, even though I knew it would be a waste of time. Someone said if I didn't turn up for mediation I'm not willing to sort things out so I did and it was horrible. I was also outnumbered by two to one which I thought wasn't allowed to happen. I don't know what the next step is, it seems that 'mental illness' trumps everything.

 

I was thinking of contacting environmental health but not sure if they would take the same view regarding her inability to stop shouting, even though the woman managed to sit in a stressful situation with me yesterday for two hours without raising her voice once. :???:

 

K

Edited by karlew
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She's not been diagnosed with any condition and neither has her daughter, so it's all a made up story.

Go back to the housing association and insist on an investigation.

Point out their false claims.

There are things you could do to make their life more miserable than yours, but many caggers disagree on such methods.

However, sometimes these animals that happened to be classified as humans because they share our same dna, only understand extreme measures.

I really feel sorry for you.

A few years back my next door neighbour was selling his house and we were terrified at the thought of having nasty new neighbours.

We ended up acting as estate agents and fortunately convinced our friends to purchase the property.

It costed us a lot of hard work because we promised to help them redecorating the whole house, fit a new kitchen and bathroom and help them move in.

We also stored their furniture while work was taking place.

It was worth it!

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At least OP achieved face to face mediation, the Mediator will be aware of both parties demeanour. Mediation outcome takes longer than 24 hrs, poss several weeks, it is not a Courtroom where the guilty can sentenced immediately.

With neighbour disputes, if no satisfactory resolution, the only option is for complainant to move, citing unacceptable neighbour behaviour.

In this case, HA would have to inform new Ts of OPs complaint against the neighbour, or vice versa if offending neighbours vacate.

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  • 1 month later...

Hi Thanks for your replies

 

Just an update. Apparently my problems are not down to anti social behaviour, they are 'lifestyle differences' between myself and my neighbour! :!: The housing association now say they have exhausted all avenues and mediation did not work so the only alternative is for me to move. Shocking. :mad2:

 

They have suggested 'direct matching' which I can only assume is them finding me a house elsewhere. They also added 'away from a family estate'. It's like I hate kids or something, it's really insulting I care for children in my job! It's my next door neighbours screaming brats and stupid mother I can't stand!

 

K

Edited by karlew
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Are there other neighbours who are suffering due to this ?

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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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Are there other neighbours who are suffering due to this ?

 

Hiya,

 

I assume they must be affected but don't say anything, probably worried about repercussions as she is very aggressive. However, one of my neighbours apparently have made a complaint (funny enough they have young kids) also but they belong to another housing association so can't confirm this as the other HA won't talk to me about it.

 

K

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You could perhaps talk to the other neighbour who has made a complaint. I would think even if they belong to a different HA - the fact that the nuisance neighbour is disturbing others strengthens your case.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Perhaps the other HA will be more proactive.

 

I'd keep complaining to HA and keep a record every time there's a problem. In your tenancy agreement I believe there should be a clause that the HA should ensure you have quiet enjoyment of your property (or words to that effect). Escalate your complaint that the HA are breaking the tenancy agreement. ASB costs HAs a lot of money in legal fees, but likewise your neighbours are breaking their TA by causing problems to neighbours.

Edited by caro
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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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