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    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.  
    • send the new company an sar specifically asking for all the data they received from Solarplicity dx
    • I will scan up some documents, if anyone could please check over them for me and let me know if my assumptions are correct.
    • The link given in my previous  post has been updated. (ensure to have a good read and check the links given)   READ MORE HERE: https://www.gov.uk/government/news/thomas-cook-information-for-customers-employees-creditors-and-shareholders
    • Hi   With sending a Subject Access Request (SAR) make sure and ask for 'ALL DATA' this covers everything no matter what format they hold that data in whether it be telephone recordings, emails, online etc.   Also make sure and specifically ask for the data they have removed from your online account
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Melsywooh2774

Dvla fitness to drive

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Hi.

 

I have just received a letter from DVLA requesting I fill in the fitness to drive from. The form itself is all to do with seizures ect. I don't suffer any? It's very hard to fill in. It was a third party (my ex ) as he has been arrested for malicious and harassing communications ect. My health is this: high blood pressure : two slipped spinal discs and wear and tear in spine: tachyicadia.This is what my doctor has orescribed:

 

Lisinipril for bp . Citalapram for heart speed : baclofen for muscles : tramadol as and when required.

 

Based upon all this information are DVLA likely to revoke my licence? I'm 44 and have had my license since 17years if age. In addition I just left a deposit on car as my 12yr is disabled and we can't get about. Now I either purchase the car even though DVLA have 6 weeks to respond with their desicion or I loose the big deposit . I'm so depressed and stressed right now I can't even think clear... at my sits end :(((

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Answer truthfully.

 

If you haven’t had any episodes of seizure OR loss of consciousness, say so.

Speak to your GP : they can’t tell you what DVLA will recommend, but will be able to tell you what they will be telling DVLA.

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Thank you. I've generally had no seizures . I don't see my g.p very often I've not needed to. The only episode I had was a reaction to an drug addmindtered for septicimea two years after my could bladder ruptured. I'm not concerned about The seizure allegations as I can prove that part. I'm concerned about the medication as people are saying the law has changed on this

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If your medication impairs your fitness to drive then you should have been notifying DVLA.

If your medication doesn’t impact on your driving then it shouldn’t be an issue.

 

It has always been the case that just because medicine has been prescribed it doesnt mean that you are guaranteed to be safe to drive.

Many medicines carry a warning about driving and / or operating machinery, and it is the driver’s responsibility to:

a) be sure they are safe to drive, and

b) notify DVLA of any concerns.

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I've generally had no seizures .

 

Is that (“generally had no seizures”) the same as “I’ve had no seizures and no episodes of decreased consciousness / loss of consciousness”?

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I have no seizures at all. Just one reaction to some medication after my could bladder operation. Where I had like an weird episode... I had n EEG as a safety precaution about 2+ years ago and it was completely normal..one their medication was changed which was only two week prescription i was fine. Im fine to drive i take my current medication at bed time.

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