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    • Name of the Claimant :       vehicle control services limited 2 europa court  sheffield business park sheffield  s9 1xe     Claimants Solicitors: (if one is stated)   Date of issue –  28th may 2020   Date for AOS - 15th june 2020   Date to submit Defence - 29th june 2020     What is the claim for –    The claim is for a breach of contract for breaching the terms and conditions set on private land.   The defendants vehicle xxxxxxx, was identified in the Berkeley centre pay & display on the xx/xx/xxxx in breach of the advertised terms and conditions; namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site.   At all material times the defendant was the registered keeper and/or driver.    The terms and conditions upon entering the private land were clearly displayed at the entrance and in prominent locations.    The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct.    The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.   The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   What is the value of the claim?   £160 + £25 court fees =  £185 total   The claimant beleives that the facts stated in this claim form are true and i am duly authorised by the claimant to sign this statement signed   jake burgess  (claimant)
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    • Am looking for some advice, and i know you guys are always helpful   My parents moved into a rented accomodation back in the early 80's and have a standard tenancy agreement covered under the 1977 rent act.   As a sitting tenant, the landlord did virtually no work to the property, with my parents maintaing when needed. We lost my dad a few years back, and my mum is struggling to maintain. We have had major issues with electrics and drainage which we approached the landlord for with no replies for last 18 months. We did all we could to work with them.   I have done as much as i can do, but am aware it is quite unsafe and we managed to get the local council to help. They assessed the property remotely, and sent a list of repairs that the landlord needed to perform within 6 weeks. After tradesman have reviewed the repairs Include: Removal of an unsafe conservatory Rewire of entire property - including new mains Repairing a partially collapsed sewer. Repair/replace damaged single glazed windows. Making fire safe   The landlords have been in contact and started some works, however - am very aware with mum being on her own, with COPD we need to keep her sheilded.   Are the landlords obliged to put her in alternative accomodation while the works are carried out? What precautions can i make to ensure the tradesman are compliant with COVID-19 regualtions (We have not allowed any internal works to begin as yet)? Is there an alternative way out of this? Can i approach the landlords asking to move her into a more suitable property considering the works needed (4-5 weeks probable). Should i seek advice of a property solicitor at this point? Can they immediately raise the rent to market rate? (I think they/we need to appoint a rent officer) as its quite low at present. Is there anything we need to be careful of not to break the tenancy rules?     My parents have been benefiting from the low rent, but have installed central heating, new boilers etc, lots of repairs to drive ways and maintenace. The place is on a fairly large space and they have always maintained the gardens. Personally, i would prefer to move mum into more suitable accomodation - but she loves this place and i know will struggle to leave.   Any tips on how to handle any of the above!   Thanks!              
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MrJohnW

Help with law regarding the recording of calls.

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Hi,

 

I quite often record calls to companies so there can be no confusion on what was said. I am aware I do not need to inform them or gain permission as the recordings are for my own records only and I need the other parties permission to use the recording for any other purposes such as supplying it as part of a complaint against them.

 

However, what is the law regarding Transcripts of the call? If I sit and transcribe it can I legally supply a written record of the call as part of a complaint without requiring permission?

 

The call in question is one that happened between myself and a Senior Revenue Officer of my local council and he is now telling porky pies as to the things he said on the phone.

 

Thanks

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I have to start off by saying that I don't know if the rules relating to transcripts are different from the rules relating to recordings – but I expect that they probably are exactly the same because the transcript is sourced from the recording.

 

However, I would have no hesitation using a recording – for a transcript as part of any official complaint to some formal body and tended to them under conditions of confidentiality.

 

If you really have caught somebody out telling porkies then if they object to the fact you recorded the call, you can tell them to sue you.

 

The rule is that you can record as long as you using it for your own purposes – and this means your own private purposes


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You are allowed to covertly record for personal use as per the data protection act. You can then use said recordings in a court room as per aricle 6 'the right tons fair trial' provided it is 'in the interests of justice'. There's loads of case law on this which I don't have to hand. I've done it myself against a previous employer.

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According to the faq on the Ofcom website I need the other parties consent to give it out to a third party and if I do not have it it is a tort offence.

 

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

 

I intend on supplying it as part of an official complaint I am making against him as he said some things that are not truthful, were very upsetting to me and were extremely negligent in his duty as a public servant and a fellow human being.

 

He knows the call was recorded as I told him towards the end of the call to clarify I had what he had just said on tape. He tried to call me a criminal and I put him right stating it was for my own records and I do not need his permission to record it nor do I need to tell him about it.

 

My concern is that he he now denying he said certain things(one of them was so outrageous I got him to repeat it to make sure that he had indeed said it) and wants me to provide a recording as part of the complaint so he can press charges or use it as leverage to make me try and drop it(the local papers would have a field day with it).

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I think you should call his bluff. There is nothing unlawful about recording telephone calls as an individual, or disclosing that as part of an official complaint.

 

The Ofcom website says 'Under RIPA it is a tort to record or monitor a communication unlawfully'. The key word is 'unlawfully'. The rules specified in the various pieces of legislation referred to on the Ofcom website set out a number of restrictions which apply conditions to the circumstances in which businesses and the government are entitled to record communications. These restrictions don't apply to individuals.

 

If the recording contains 'personal data' relating to the individual you spoke to, use of the recording would be subject to the requirements of the Data Protection Act. This allows you to use the recording subject to reasonable constraints. In short, you are allowed to disclose personal data under the DPA where that is needed for you to pursue your legitimate interests, except where there that is an unwarranted intrusion on the data subject. For example, it would be perfectly reasonable to disclose the recording or transcript to people dealing with your issue in order to prove what you were told over the phone, but it would not be reasonable to upload the recording onto youtube purely to make fun of this individual. Assuming you are using the recording sensibly I really don't see a problem.


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Go do it

 

I once got £350 out of a company solely on the reliance of a phone call tape via true call

 

I sent a transcript and the needed portion of audio on a CD

 

DX


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I thought it was only a business that needed to state that calls are recorded?


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