Jump to content


  • Tweets

  • Posts

    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Help!! District Court Case chaos, I need to appeal I don't know where to start.


Crackpot
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2794 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm on the wrong end of a county court case that has been total chaos.

I never got the original application.

I had moved (this was about possession, originally, but was settled and I moved out)

the landlord had the papers sent to my old house, and didn't use my forwarding address.

 

 

Eventually I found out about it and managed to get a copy of the application from the court a couple of days before the hearing.

I got a "response" in but because it was late the judge didn't have it and it got adjourned and I got told to pay costs.

 

I went to the PSU, asked court staff, went to CAB, asked about legal aid. Noone seems to be able to help.

 

We had another hearing just recently,

3 days before the hearing the court told me they had no record of my original response.

 

 

I sent another copy by fax and another by email to the court.

They never acknowledged it.

I called them back and all the court said was "anything you have sent will be provided to the judge".

When I said I was worried as they could not specifically identify my response

(while they could identify other things I had sent) they got stroppy with me.

 

At hearing,

I checked and the judge said he had got something from the date or the original response, which I took to mean he had received it.

during the hearing he didn't seem aware of anything I had said in it and I when I tried to refer specifically to one thing I had to give him a copy of it.

 

He found against me, taking my deposit away,

in giving his judgment he said a number of things which lead me to believe he had not, in fact, seen any of my evidence.

He said some things that are contradicted by the evidence I provided.

The only evidence he referenced, at all, was that provided in the original application (by the other side).

I don't know if the judge ever got my defence, or if he did, if it was complete, or whether he read it.

 

I just learned (on CAG) about a thing called an Allocation questionnaire? I never got one of those.

I I don't know what "track" this was allocated to.

I didn't get a notice of hearing for the most recent hearing.

I never got a copy of the orders made at the first hearing.

It goes on...

 

I'm a litigant in person.

I have nothing left and am single parenting a disabled child on benefits while trying to find work (and fighting the council to get my child into school).

I'm looking after my mum with Alzheimer's.

I desperately need help.

 

 

I tried to get the other side to mediate but they ignored me.

At the end of the day, I can let the main matter go (that would be morally wrong, but I can live without it).

The problem is the costs.

I can't pay any costs, that will bankrupt me.

I need to appeal.

 

 

I have lost a week trying to get help from the CAB but I don't know where to start. I want to try to get pro bono help but I need to be referred to that?

 

Anyone who has any advice on this, or knows where we can get real help...

Edited by honeybee13
Paras.
Link to post
Share on other sites

In terms of free legal advice:

https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

and

http://www.law.ac.uk/about/legal-advice-for-the-public/

and

http://www.lawcentres.org.uk/i-am-looking-for-advice

 

I note " I tried to get the other side to mediate but they ignored me.".

 

If they unreasonably refused to consider mediation, that would be a grounds on which you could state that they should be refused costs. If a costs order has already been made, you could both:

a) appeal the judgment, and in case that wasn't successful,

b) appeal the costs.

 

However, it sounds like you may be better with face to face help from a source of free legal advice in person, and you also need to act quickly with regard to any appeal(s).

Link to post
Share on other sites

Thanks BazzaS

 

I'm trying the links.

It looks like I'm too far away from them all but I'm trying to see if I can do it over the phone.

 

They ignored my attempts at mediation for 2 weeks,

until I sent them a case ref I'd found saying that was unreasonable conduct.

Upon which they said I hadn't made a valid offer of mediation.

 

 

I suggested they choose a mediation service they prefer and they just responded again that I hadn't made a valid offer.

By this time we were getting close to the hearing.

I kept offering they choose the mediators but they just ignored me after that.

 

I'd read the next thing to do was ask the court to force it so I made an application that they be ordered to engage constructively or pay costs, but the judge threw it out at hearing because apparently that was an attempt to subvert the jurisdiction of the court.

(I had referred it to the TDS earlier, before they had responded, but that wasn't really the point).

 

Every time I think I've properly researched something, I get blindsided by something else.

Link to post
Share on other sites

"Every time I think I've properly researched something, I get blindsided by something else"

 

We are guiding litigants in person through a court system that is historically designed for professional interpretation and which is predicated on litigants having professional representation. This system is not designed for the mass volumes of litigants in person.

There's your answer... you need a lawyer... and some of us can't afford one...

 

The European Court of Human Rights in Bulut v Austria[3] defined the concept as “that both in criminal and non-criminal cases ‘everyone who is a party to such proceedings shall have a reasonable opportunity of presenting his case to the court under conditions which do not place him at substantial disadvantage vis-à-vis his opponent.”

Where is the Access to Justice that they all keep going on about?

 

TB

Link to post
Share on other sites

"Every time I think I've properly researched something, I get blindsided by something else"

 

We are guiding litigants in person through a court system that is historically designed for professional interpretation and which is predicated on litigants having professional representation. This system is not designed for the mass volumes of litigants in person.

There's your answer... you need a lawyer... and some of us can't afford one...

 

The European Court of Human Rights in Bulut v Austria[3] defined the concept as “that both in criminal and non-criminal cases ‘everyone who is a party to such proceedings shall have a reasonable opportunity of presenting his case to the court under conditions which do not place him at substantial disadvantage vis-à-vis his opponent.”

Where is the Access to Justice that they all keep going on about?

 

TB

 

So you need a lawyer and the funds to be able to pay for one and that will guarantee the Court and the judge to consider the case on equal terms.

 

All things being equal it should not come down to who is making representation it should be based on the evidence of fact which on this occasion and on many occasions is being ignored which is how the legal system unfortunately works and has claimed yet another victim.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...