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    • Further, i contacted the Torbay Planning Department by telephone and email and they did an investigation for me going back to 1991 and they emailed me back staying there is NO APPLICATION OR GRANTED PERMISSION FOR ANYONE (Land owner or Leese) TO ERECT ANPR OR SIGNAGE FOR ENFORCEMENT OR FOR ANY REASON IN THE CROSSWAYS CAR PARK. So i really hope that helps someone else.     
    • Vehicle was hit today. Really annoying.   A supermarket van had illegally parked on double yellow lines to deliver its crate of food. The lines were on a main road to the corner of a small street.   My car came out of the small street very slowly - like 1-2mph.    The main road had a build up of traffic.  The large van had blocked any ability to see to the left and if any traffic was coming from the left.    So I just had to drive super slow.   As my car started to edge left into the main road a car came fast from the left (on the opposite side of the road - but it was over the centre line)  My car stopped to avoid the fast car - which was fine; nothing happened.  But all of a sudden my car and the van were "attached". I don't know how it really happened.   As I was turning I had had enough space to turn without hitting the van; yet suddenly the rear square-end (and sharp) bumper of the van was embedded in the passenger side of my car. No damage at all to the van.    But the van took a gouge out of the car - at the joint of the passenger door and rear side panel.   The only possible explanation is that the van started to reverse across the exit of the small road at the same time as I was exiting and the driver just didn't see my car.  This is the only way the two can have hit.  I have good spatial awareness and I would not have misjudged the space. No-one was hurt; the van is fine; my car needs to be mended.   So where does the guilt lie?     The van parked illegally on double yellow lines obstructing line of vision and vehicle safe exit from a road?  The van reversing without looking?    Or mine?    The driver immediately said I was to blame.   I took photos of the van reg and how it was parked. It was minor but I was stressed and a bit emotional as it is the first "accident" I have had...    I didn't take the driver's details nor did I give mine. The driver asked me to delete the photos.  I refused. Then I drove off.   Shall I get a quote for the repairs?    Is it worth contacting the insurance?    Will they apportion the blame?    I've never made a car insurance claim.    
    • Yes I have seen other posts on here relating to them. I know that they do take people to court even when it seems they know they will lose. My question would be without a ticket what proof dose SWIM have and what case can SWIM make to defend themselves.    Presumably the Courts in Devon must be tired of having to deal with PPS cases?
    • hoho we know it very well   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Crossway Centre Paignton&oq=Crossway Centre Paignton&gs_l=partner-generic.12...17467.17467.0.19981.1.1.0.0.0.0.77.77.1.1.0.gsnos%2Cn%3D13...0.0...2.34.partner-generic..1.0.0.inibz-lzog0
    • Company is Premier Parking Solutions    Crossway Centre Paignton   SWIM deff entered reg correctly but the machines and car park as a whole are in a seriously bad state.   
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies

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Having previously never been in trouble in my 54 years I got caught shoplifting in Dec 2016 and was given a fiscal fine in February 2017 which would stay on my record for 2 years.

 

I cannot explain why though I did this again in ASDA in December 2018 (within the 2 years) stealing an SD card with a value of £11 which I didn’t need nor have used.

 

This was seen on CCTV with the police identified me from my car number plate in the car park after which they asked me to attend the police station last week and charged me with the offence.

 

They said as my fiscal fine was still within the 2 years they would have to refer it to the procurator fiscal.

 

I have a good job earning over £50k per year and cannot explain why I did this the first time never mind the second.

It beggars belief.

 

My question though is what the likely penalty is.

 

Can I get another fiscal fine or another alternative to prosecution as a conviction would likely end up with me losing my job as I require annual DBS checks

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that is somewhat within your control.

for some reason you feel it was correct to repeat the offence.

 

your best actions to mitigate things is to seek medical help thru your gp.

 

if you show you are dealing with the issue that way, you might well find that the system will look upon you with a more lenient eye...

 

your only issue might well be the 2yrs gap in attaining help.


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Thanks for your quick reply

 

Do you think their is a chance this might not go to court and be dealt with as an alternative to prosecution or as it is a 2nd offence within the 2 year period of the fiscal fine that this is a given.

 

If there is a chance I can prevent it from going to court by going to my GP how would the PF know this before making the decision to prosecute

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you will get prior notification upon what, if anything, is going to happen,

you will be given the opportunity to reply to that.

 

indicating that, after sometime, you now realise there is some mental? [for want of a better reason] that you now see you need to deal with, you have and are seeking advice from your GP.

 

you cant predict 'what' is going happen, you will have to await contact from the court system, but you certainly can, then, mitigate what will happen from that point on.

 

but you must be seen to take 'the lead' not let the system lead you....

 

to date that is the primary reason the sheriff will look at to if this is taken further.

 

dx


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Thanks again,

 

Is there anything I can do to mitigate the Procurator Fiscals decision before it gets to court.

 

Can I write to them advising I am seeking medical advice and request a direct measure.

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Do you have a workplace doctor? If you have an annual DBS check then it might be a lot better if the information about this comes directly from you rather than by some formal disclosure process.

 

Tell it all, tell it early and tell it yourself could be a very good principle to apply. At the very least I would recommend seeing a doctor – as recommended above – and then if you can start to get yourself into a treatment process then maybe a visit to HR for a frank disclosure with them will help to forestall or to dilute any problems. If you have a workplace doctor, then even better.

 

You're the one who's going to have to judge whether this is in your best interests.


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Thanks very much for that

 

I'm going to make an appointment to see my doctor over the coming days to get the support I need.

 

Is it possible if I do this and disclose this at court I may get a deferred sentence to finish my counselling and show no further offending.

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I'm sure this would be very helpful in mitigation – but I suppose that it will still come up in the next DBS enquiry.

 

If you do see a doctor and the doctor agrees that there is some problem then of course a written report which details your condition and the diagnosis will be enormously helpful. The court may well require its own reports to be prepared.

 

Once again, do you have an in-house medical service? They will be bound by rules of confidentiality so you can go to them quite safely.


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'cuse me asking but what court would this be?

and were all the goods recovered in both cases?


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Thanks again,

 

My company uses an organisation called Health Assured who offer one to one or telephone counselling.

 

Do you think this is a better option?

 

In reply to DX's post:

 

The items were recovered in the first instance though the 2nd occasion was 3 weeks after event as a result of CCTV

 

- - - Updated - - -

 

Sorry it would be Kilmarnock court

 

- - - Updated - - -

 

Sorry it would be Kilmarnock court

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Thanks again,

 

My company uses an organisation called Health Assured who offer one to one or telephone counselling.

 

Do you think this is a better option?

I would use both but ask for a face-to-face session, not telephone.


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Hi

I believe in Scotland they have a system in place for low level shoplifting. This thread is one where a poster was dealt with.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?442152-police-caution-shoplifting-SCOTLAND-**RESOLVED**&p=4701064&viewfull=1#post4701064

 

There will be a reason why you did this and my initial thoughts are a bit of depression (but don't take my word for it). There are many other reasons as well. Low seratonin levels could be a cause too. No excuses for what you did, just possible reasons this happens.

 

I would rather have face to face conversations with a counsellor rather than a phone chat. Face to face gives the interviewer/counsellor a better idea of your remorse and the fact you are dealing with your issues rather than burying your head in the sand.


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Thanks for this.

 

I did see this thread though and have a fair idea how the alternative to prosecution and direct measure process works in Scotland.

 

The difference is that this is a second offence and the question is whether an alternative to prosecution can be issued in this instance.

 

I have today though arranged for six face to face Cognitive Behavioural Therapy sessions through Health Assured our workplace provider.

 

Hopefully this will shed some light on why I have done this.

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I think that an important spin-off from this move is that when you get to a point that you decide to pre-empt the DBS disclosure to your employer, you can tell them that you have already gone into their own workplace health service and that you are happy for records to be made available to your employer. I think it would be difficult for the employer to cause you too many problems if you are actually availing yourself of the service which they themselves had provided.

 

In addition to getting help, there is a little bit of politics here


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Thanks for that and to everyone who has provided guidance and advice.

 

I will update the thread with how the counselling went and the penalty I received.

 

 

Thanks again...

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