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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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EXCEL/BW Claimform - PCN Feb 2015 Car Park in Keighley (West Yorks) off Cavendish Street


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Hi..new to this Forum

 

My wife just received a letter from BW Legal on Saturday,

pretty much the standard £154 1st letter most have received.

 

The background to ours, is my wife couldn't get the machine to take the money

& assumed she had 15 minute grace...she didn't.

 

Got the letter of Excel around the end of Feb last year..

ignored it as many had advised.

 

 

..then upto Sept last year received the normal letters from Rossendale & others, again after doing a lot of reading.

.never responded and just ignored.

 

 

Question is, what to do this time

...15 month after it happened. ?

 

Cheers for any help/advice

H

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Its a Excel Car Park in Keighley (West Yorks) off Cavendish Street,

there was some dispute about the fact that they may not have had planning permissions.

..not sure if that matters.

 

 

It was a postal notification to my wife,

I read a lot of these type of forums & knew what to expect letter wise and just ignored it

& thought it had gone away (over 6 month ago).

 

 

Now this lot have appeared with there Standard £154 letter,

so I was wondering what course of action to take & also have they gone further with other people...like court ?

 

No, I realise that if it gets to a 100% threat of court I must do something about it.

H

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ask yourself why it has gone up to £154 as the only way money can be added to a true deb

t is by way of an agreement under the Consumer Credit Act.

 

 

As you didnt sign a credit agreement at the time then this claim must be suspect and treated for what it is,

a begging letter from a bunch of chancers.

 

 

BW are paid to send out scary letters and they add a few quid on for themselves

as they believe that people will often just pay up withour asking any questions if the amount is not excessive.

 

 

Make it more than £200 and people start to dissent.

They cant take you to court and the parking co can only sue for the amount agreed.

 

 

Again, that doesnt stop them trying but they rely on the above tactic

to get people to pay up rather then dispute the claim. J

 

 

udges dont like this behaviour and will award full costs to anyone seeing off a claim based on this confection.

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  • 4 weeks later...

"Lets hope so" totally agree there. ericsbrother,

 

 

could you please explain to me the exact timelines on receiving the 1st notification through the post.

 

 

Does it have to be within 14 days, or is the 14 days the timescale they have to get your info from DVLA ?

H

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If using anpr they have to issue the NTK within 12 days and they get 2 days for service of the letter

so 14 days after the date of the event to get it on your doormat.

 

If they are slapping a ticket on the car they have to send out the NTK between 29 and 56 days after the date of the event.

 

Any sooner or later and no keeper liability can be formed.

 

so a NTK dated less then 28 days after the event (plus 1 day for postie to make 29) is not a lawful demand

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Thanks for that,

as its been over 14 month since we received the 1st letter.

.I need to check on the exact date.

 

As I or my wife have had absolutely no correspondence with anyone throughout this,

what is your gut feeling on their next step?

H

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well,

if they threaten any further action ask for "strict proof" of their claim by means of sight of the contract with the landowner that allows them to make claims,

 

copy of the planning permission for their signage and other equipment,

 

copy of the NTD, NTK and the proof of postage for the latter

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no, just come back here if you get another letter.

 

For the moment save your ink and stamps.

 

Excel often forget who they are and their contracts are signed by another company so they dont have any rights.

 

They will try and claim otherwise but that has been seen through and rejected by a court so they wont want to get bitten twice.

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  • 4 weeks later...

so you did nothing in the interim that would change what you need to say?

If so, this last letter is a warning prior to making a court claim.

 

They are very busy doing this at the moment so now respond asking for "strict proof" of liability as no keeper liability has been created because of their failure to follow the protocols of the PoFA.

 

In the meanwhile please supply a copy of the contract between the landowner and your client that assigns the right to eneter into contracts with the public and a referenec number for the planning permission for their signage and ticket machines at the site in question.

 

this request is made under CPR 31.2 and the said documents should be sent before any claim is made to the courts or within 14 days, whichever is the sooner.

 

Any claim will be rigourously defended and a full costs application made as the claim is vex.

 

Hopefully that will shut them up and they will go after some other poor sod.

 

If not come back and we will try and advise what to do next.

Edited by honeybee13
Paras.
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ericsbrother...many thanks for that. I will draft a response and if its ok put it up on here (covering personal details) to see if it looks as it should.

 

Is there a generic letter already out there ?

 

H

H

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you have your letter in the above post.

There cannot be a generic letter because your circumstances are different to most

 

now post up their latest letter so we can be sure what stage things are at,

 

 

I would rather that they spent their money chasing you than you spending yours saying things you dont need to yet.

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It is not a lba under civil procedure rules but you dont defeat a claim just because they arent doing their job properly.

 

 

However, it may be prudent to send them the foff letter just to let them know that you do love them really

and are only ignoring them because they are contemptible.

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just 2nd class.

 

 

Get proof of posting for fee from PO counter if you wish,

however, the law says it is delivered 2 days after being posted

so even if they say they didnt get it that is their hard luck.

 

 

You have a copy on your computer so they are unlikely to want and make themselves look incompetent in front of others.

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  • 4 weeks later...

Well, they have got the legal precedent wrong and I thus suggest that they are trying to impress you with utter cobblers.

 

They are also wrong about their insistence that "strict liability" has nothing to do with civil claims.

 

No doubt, if you sued then and asked for documents under CPR 31.2 they would say that as well.

 

All just words to frighten you with no actual substance.

 

Ignore

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Thanks for that,

must admit because its been a month I mistakenly thought it was done with.

 

The letter that came was very strange,

in that as I said the envelope had our details hand written in red ink & in very scruffy handwriting.

 

And the letter itself,

the header page was a lot thicker than the 2nd..

.nothing I know but I found it very un-professional.

So safe to ignore then..brilliant

H

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