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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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arbitmcdonald

PCN received: parking was suspended without notice

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Hi all, can anyone recommend who I should structure a PCN appeal given this situation?

 

One half of the road (where I usually park) had its resident parking suspended temporarily for works, so on Friday I parked on the other end of the road. Having returned to my car for the first time today they have re-opened the usual half and suspended the half I was parked in. Because I hadn't been to my car in 4.5 days I had no idea they had moved the parking suspension.

 

My partner and I are absolutely certain there were no suspension signs where they are now currently - we made a point of looking to check both halves weren't suspended. All they have done is taken down the suspension signs on Friday from the first half, sellotaped a new piece of paper on them and stuck them to posts on the other half of the road (I have a photo to prove it).

 

We live in East London, so we have to park 250m away from the apartment to get a residents bay. We don't check on the car and the availability of the bays daily - that would be nuts.

 

1. How can I structure an appeal to say that I was parked there before the parking suspension signs were even put up?

2. How much notice does the council have to give its residents before suspending parking?

 

Thanks in advance for any advice and support!

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H We don't check on the car and the availability of the bays daily - that would be nuts.

 

 

Sadly that is the position of my East London council. It is your responsibility to check every day for changes in parking restrictions.

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Hi Ethel, thanks for replying.

 

So what if you're on holiday for 2 weeks, away for work or laid up in hospital? Is it quite literally a written and enforceable rule that we're automatically agreeing to, that we check the car every day?

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Quick update, found the T&C... Can't link as I don't have 10 posts. Borough is Newham.

 

27: The council will usually warn you if on street parking is going to be disrupted or

suspended, although this is not always possible. In such circumstances, warning notices will

normally be put up 48 hours in advance at the relevant parking bays.

Emergency suspensions may be introduced at any time of day. Please ensure your

vehicle is not parked in a place where parking has been suspended, as you may be

issued with a penalty charge notice and your vehicle may be removed.

 

They never mention checking the bays or the car daily - they just mention 48 hours notice. Thoughts?

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Hi.

 

You can post up images and so on if you read our upload guide, no need for 10 posts normally.

 

HB


Illegitimi non carborundum

 

 

 

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They should have noted the vehicles which were already there when the signs went up. In which case, it's possible they will just cancel the PCN if you write an appeal. There isn't anything else you can realistically do anyway, so I would just write a short, polite appeal saying that and see what they come back with.

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Hi Ethel, thanks for replying.

 

So what if you're on holiday for 2 weeks, away for work or laid up in hospital? Is it quite literally a written and enforceable rule that we're automatically agreeing to, that we check the car every day?

 

We're not required to agree with the council's rules before they can issue a PCN!

 

The council's response to a neighbour who got a PCN while away on holiday was "it is your responsibility to ensure that your vehicle is not parked in a suspended bay". The only way to ensure that would be to check every day. The council wasn't willing to engage in a discussion with my neighbour about whether that was reasonable or how you expected to do it in the sorts of cases you mention. I guess if you could prove you were taken into hospital in an emergency they'd probably use their discretion to cancel the PCN.

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If your neighbour had taken it to Tribunal, in all probability it would have been cancelled.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Agree with Glik. I expect a cancellation in these circumstances, but if they won't it can be fought.

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there are other similar cases on this forum you can quote as being persuasive. The appeals bodies like to be consistnat even if the council doesnt care so worth looking them up and using them.

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Normally when you get a parking permit (unless a virtual one) the letter arriving with it either separately or attached usually tells you about checking daily. If this is not practical then get a neighbour or someone to check for you. Cars are an emotive issue however just imagine your car getting vandalised or stolen and what the insurance company (or Police) would say if you offered a defence of 'I've been on holiday for two weeks'? Having found out the hard way myself, I always check 'my pride and joy' is okay, probably way too often.

 

Dependant on the council they either remove, relocate or simply ticket a vehicle in a suspended bay. Can you imagine the upset if your car is left and your neighbour is having works done on their property or have a removal vehicle when they've paid the council to suspend a bay and it cannot happen because of you? Now put yourself into their shoes and what your own reaction would be if it happens to you?


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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