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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Hi all

 

Background

 

My 12 year old son has a condition called Sinusitis.

 

This is where he has severe Head aches, in the morning, gradually decreasing through out the day.

He has been off since late January.

He has been for a M R I scan to check his brain, all came back clear.

 

So now it has been referred too County, Missing Education and Child Employment department.

 

We have a meeting scheduled,on May 9th.

 

1- Has anyone been through one of these meetings and can Offer advise.

 

2- I have been informed that at the start of the meeting, We will be cautioned,

 

3- Do I have to accept this caution, ( I assume this is a caution the Police use )

 

4- Would it be prudent to Record the meeting, either covertly or in the open.

 

I would appreciate any advise as I have a feeling we will be stitched up.

all I want is a resolution, and help for my son.

 

Leakie

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Thread moved to Local Authority Forum.

 

Regards

 

Andy

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Hi all

 

Background

 

My 12 year old son has a condition called Sinusitis.

 

This is where he has severe Head aches, in the morning, gradually decreasing through out the day.

He has been off since late January.

He has been for a M R I scan to check his brain, all came back clear.

 

So now it has been referred too County, Missing Education and Child Employment department.

 

We have a meeting scheduled,on May 9th.

 

1- Has anyone been through one of these meetings and can Offer advise.

 

2- I have been informed that at the start of the meeting, We will be cautioned,

 

3- Do I have to accept this caution, ( I assume this is a caution the Police use )

 

4- Would it be prudent to Record the meeting, either covertly or in the open.

 

I would appreciate any advise as I have a feeling we will be stitched up.

all I want is a resolution, and help for my son.

 

Leakie

 

"Do I have to accept this caution, ( I assume this is a caution the Police use )" :

What sort of caution?

Caution as in an acceptance of guilt as an alternative to prosecution : you can decline and go to court.

 

Caution (for interview) ; as in "interview under caution" : where the caution is as laid out in PACE ("you do not have to say anything but it may harm your defence if you fail to mention ..... Something you later rely on in court" : you can't decline the caution but you can say "I wish to have legal advice ......"

If this is an interview under caution : speak to a solicitor prior to the interview!

 

If it is an interview under caution they should be recording it. You can do so too : tell them as there is no reason they shouldn't know and agree.

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Thanks for moving thread Andy,

was not sure where to post.

 

Honeybee

The only treatment he has been given is a mild antidepressant,

also paraceatanol and Ibuprofen

 

It has been diagnosed as Sinusitis , by the doctors, and we have been referred to a consultant,

we are still wait to hear from the hospital, when his first appointment will be,

we have been wait for 6 weeks now to get a date.

so no formal diagnosis until we see the consultant.

 

BazzaS

 

I have been told we will be cautioned at the start of the meeting,

so assume it will be an interview under caution, so if they decide, my son is not genuinely Ill

it would proceed further.

 

The school have been putting his absent as authorised absence,

But the letter we received have put it down as 1 month unauthorised,

between March 3rd - April 3rd 12 sessions 0 attendance.

Easter was in between.

 

The above has sent the alarm bells ring,

I can not prove his illness until he gets to see a consultant,

even then he may have recovered by that time,(have been told it could be June or July before seen)

 

I will ask to record for my reference.

 

Thanks

 

Leakie

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Hi old Codger

thanks for your interest.

 

The referral for a consultant, was sent beginning of March

2 weeks after referral I had a letter to contact a call centre to sort out referral.

nothing heard so tried to change the hospital but can not.

so just over 2 months,

I have been told could be June or July before being seen.

I have another son who has been waiting since January 9th to see a dermatologist, and still no appointment.

Same Hospital.

 

Leakie

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Well some one suggested Kids inspired could possibly help my son,

Have contacted them and possibly have 12 counselling sessions to come.

 

I have done everything I can for my son but just did not know where to turn.

School not a lot of help.

Just worried I may get stitched up.(£60.00 fine)

 

any advise would be appreciated

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can you get retrospective doctors sick notes for the days he was absent from school? This is all about UNAUTHORISED absence so being ill is OK if you can prove it was the case.

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Hi ericsbrother

 

Well had the meeting, and as you say it is all about attendance,

I recorded the meeting for my own reference,

 

They are going back to the Doctor to see if he is fit to go to school, if the Doc says yes then I will be fined.

The doc only think it is Sinititus, but have sent him to a consultant which will now not be until June.

 

The Doctors have suggested various pain killer but none have worked and the one's that would work, only the

consultant can prescribe, so catch 22

 

The school change the Authorised Absence to unauthorised with out informing me and to be honest it is bad 56.6%

There is no way I am paying any fine because I can see and the school has seen how ill he is.

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  • 2 months later...

Sorry for not updating

 

My Son has seen an ENT consultant, then referred to Brain consultant,

Looking like they are putting it down to Emotional Distress,

 

But this is still to be diagnosed, I am waiting for the letter from the consultant to the Doctor.

 

The school has now referred it back to MECE ,

They want me to prove he is not fit for school ,

 

How can I do that, I am not medically qualified.

the Medical side has now nearly taken 5 months!!

 

Family Solutions are now involved

 

So have been referred to what was CAMS

 

The lady said I could end up in court soon if my son does not attend or I can not prove his fitness.

 

Gettting to the end of my teather now just do not know which way to go.

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  • 2 weeks later...

Send your child to school with the splitting headache and wait at the gate for the inevitable call at 9:15 asking you to collect him.

After a few days they'll understand that it's not a fake illness.

Unfortunately with these fools you have to play their own game.

If you really want to screw them over one day don't answer the phone and they'll be forced to take him to a&e: Paper trail created.

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I have already done that,

 

#The school accept his is ill, apart from the doctor confirming it.

#this is the stumbling block. no proof.

 

But it is the council who are the one's I have more of a problem with.

 

All they seem to want to do is threaten me,

 

Lost count how many doctors and Hospital appointments he has had.

 

The main problem is no one with commit that he is fit for school or not.

as they are still trying to find out what is wrong.

Everything takes time, (so far 6 months)

 

The schools hands are tied with regards to school work, if he is not fit for school

he is not fit to do school work at home.

 

Looks like I will be invited to another meeting, (under caution again)

 

What would happen if I did not accept the caution, or refused to speak at the meeting.

 

Just want him sorted and back to school he has suffered with these head aches for so long now.

The doctor has only given him a mild anti depressant.

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  • 2 months later...

Update

 

Have another meeting at the school tomorrow, I think it will be under caution again.

 

Still waiting to be assessed by the mental health team looks like it will be in the new year before being seen.

Then if accepted another couple of months before he is helped.

 

Looks like a fine is on it's way,

It is something I will refuse to pay and take it though the system.

School have been no help

Will update again soon

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what about doctors notes in the meanwhile? you should have dragged him off down to your GP every day if necessary, you knew this was in the offing

The under caution bits are only so they may record waht you say and use it in evidence, this is not like a police caution offered as an alternative to prosecution so dont be confused.

You could remove you son from school and have him home tutored and that will end the matter, you may find a local group who share this responsibility. Basically it is the school rules you agreed to being brokena nd if he isnt at that school then it ends the obligations

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Hi Erisbrother

Thanks for the interest.

 

A bit of an update.

The meeting for last week was cancelled at short notice.

But we had a meeting today,

 

Well EWMHS (emotional well-being mental health services)have decided that my son has a problem and needs to have a gradual return to school.

 

So County Missing School Child working Services

have now closed the case,

The problem I had no one on the Medical side were prepared to commit themselves until they knew what was wrong.

 

But EWMHS decided this was the best way forward, even though, they have not assessed him, to see what the problem is!

 

Just seems like they were just going through the motions, and causing me a lot of distress in the process.

 

How can the know what the problems are until they have seen my son.?

 

So the main part is over for now, and hopefully he will get the help needed, the school have now change there attitude as from today.

 

These agencies seem more worried about following procedure than about helping my son with his issues.

more meetings to come , so will update as and when, it may be useful for other menbers?

 

Leakie

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  • 1 month later...

I hope that you are still making progress Leakie.

 

Just thought that I should suggest that you ask the medical people if allergies and migraines have been considered. Sometimes headaches can be caused by eating certain foods and bright lights. Thicker bedroom curtains and a change of diet may have no effect whatsoever but are worth thinking about. Questions must obviously keep being asked if there is something in the school or home environment that is causing emotional distress.

 

Well done to them for eventually noticing that there is a problem.:!:

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