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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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      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.  

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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The sub-postmasters scandal


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....It's an issue that was raised by Dan Neidle at one point because the roughly 540 who got the civil settlement gave the convicted ones that didn't get anything, a share of it out of their own pockets.  Then in their wisdom, the compensation administrators deducted that amount from the convicted's official compensation. But I believe that ridiculous decision was subsequently reversed.

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It just sounds worse and worse.

I haven't watched hearings before, Stephen Bradshaw is sounding like a broken record giving as little information as possible.

John Hyde, deputy ed of the Law Gazette tweeted this earlier.

'Seen a lot of tweets from people saying Post Office investigator Stephen Bradshaw is coming across as incompetent and/or blindly defending the PO. For those of us who have covered the inquiry before, let me tell you this is nothing new.'

He also thinks the PO have stitched up Bradshaw and that today is a PR disaster.

'Worth repeating that if the Post Office had not failed to disclose documents last year, Stephen Bradshaw would have given evidence in November without any of this scrutiny and publicity. Today's PR disaster is entirely the Post Office's making.'

Illegitimi non carborundum

 

 

 

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@cjcregg's points made me think

 

There are Postmasters who were falsely convicted, but there were also Postmasters who weren't convicted as they buckled to the PO pressure/extortion to pay the sums to avoid conviction were there not?

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Yes absolutely. There are three categories, each of which has there own compensation scheme.

Those who were convicted, those who weren't convicted but were fired and lost their businesses, livelihoods etc, and those who experienced Horizon generated shortages and made good the 'losses' and stayed in post.

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WWW.INDEPENDENT.CO.UK

Evidence of ‘horrendous’ culture in pursuing staff emerges as public inquiry resumes

 

"Post Office used threats of theft charges as 'nasty crowbar' to get people to plead guilty to false accounting, KC claims at inquiry"

 

Edited by tobyjugg2
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The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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Meanwhile anyone seen ED?
 

WWW.DAILYMAIL.CO.UK

The Liberal Democrat leader has come under fire over what he knew about the IT system that led to the largest miscarriage...

 

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What @theoldrouge about EVERY PM/minister in the government in the last 4 years (let alone since 2015) when the issues were largely defined in court, and there were no longer ANY (let alone valid) excuses left NOT to act?

Clearly, along with the PO - they should be the first port of call, far far ahead of any others facetious suggested by those who should quite clearly be shouldering the blame and are desperate to point blame elsewhere?

Sunak, Anderson, Patel, Braverman Gove ..... line them up

 

 

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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I was thinking about some of the questions put to Bradshaw at the inquiry today. Numerous victims have said he told them they were the only one having problems and that he harassed them with multiple phone calls.

He says the interviews were conducted under PACE rules so why aren't there detailed notes [that could be selectively edited I suppose] or recordings?

I wonder if that's part of the evidence that POL withheld.

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Illegitimi non carborundum

 

 

 

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In the drama I saw a pile of docs heavily redacted I wonder if that info will be revealed in the inquiry. There was a situation told of an Inspector coming into the premises sitting at the end of the bed of a PO Manager how shocking what power allows that. For the PO to say from the beginning to individual PO's they were the only one and there were no other reports of a loss problem. That is fundamental to know what was being ignored or covered up from the start all those years ago and not true to say that. Workers at Horizon with access in real time being capable to alter PO's accounts. Is Fujitsu joining the enquiry?

 

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Yes, their prosecution support personnel are giving evidence next week.

I must say, just when I thought it couldn't get any worse, the BBC report about PO's conduct around the 2015 Panorama investigation is pretty bad. It's not often that BBC accuse anyone of being outright liars. 

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Why’s it been so hard for postmasters to receive justice from the Post Office? One theory: senior Post Office staff secretly believe the postmasters are guilty. That theory is now confirmed:

This is from Nick Wallis on TalkTV.

EXCLUSIVE: Secret recordings reveal current Director of Comms at the Post Office Richard Taylor insinuating sub-postmasters caught up in the scandal "are criminals". "Some of them downright stole it." "At the moment the narrative is they are all innocent."

 

Illegitimi non carborundum

 

 

 

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BTW Wyn Williams confirmed that the inquiry will be hearing evidence about the government's response to the scandal, so I expect various ministers to appear.

Edited by cjcregg
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Dan Neidle again on the SPMs compensation scheme.

WWW.TAXPOLICY.ORG.UK

I keep going back to this Daily Mail story in which a postmaster who was financially ruined received only £8,000 compensation. How could that...

 

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Illegitimi non carborundum

 

 

 

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YOU.38DEGREES.ORG.UK

The firm at the heart of the Post Office scandal continues to be handed numerous government contracts paid for by millions of taxpayers money...

 

 

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I understand the ire at Fujitsu, and unquestionably they were aware of the issues - BUT until we hear more it would be quite normal for a service provider NOT to comment on a customers decisions - Not 'on their side' but I would be surprised if they weren't specifically required to keep shtum

Anyone noted any info re Fujitsu staff lying about the issues with the Horizon system? Especially in court or regarding any of the cases .. Were any that did that PO staff/investigators and lawyers?

I'll be very interested to see details of the sign off by PO of the system and the reports of system testing from Fujitsu

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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11 hours ago, tobyjugg2 said:

 

Anyone noted any info re Fujitsu staff lying about the issues with the Horizon system? Especially in court or regarding any of the cases .. 

 

Do you suffer from dyslexia?

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Why?

and why is that any form of reasonable answer to a significant issue?

What I do have is auto correct on - probably a mistake

Edited by tobyjugg2

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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4 hours ago, honeybee13 said:

Post Office 'Faces £100mn tax bill' and potential insolvency

Warning comes after tax relief was claimed on compensation paid, potentially boosting executive bonuses

https://archive.is/tysHu

This gets worse by the day Bonuses enhanced, they should be scrapped for now.

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Worth a read

Indicated how long there have been issues - and deceit

 

WWW.THEGUARDIAN.COM

Documents released by inquiry into Post Office scandal show ex-PM and adviser discussing concerns

"Alistair Darling was against the deal, but the department for trade and industry was more supportive."

In response, the former prime minister said: “I would favour Option 1 (pressing ahead with Horizon) but for Geoff’s statement that the system itself is flawed.

“Surely there must be a clear view on this. Speak to me on that: ie reading the enclosed paper, it all focuses on the financial deal.

Lord Mandelson told then chief secretary to the Treasury Stephen Byers he believed proceeding with Horizon was the “only sensible choice” available.

He said the system had been “thoroughly evaluated by independent experts” who pronounced it “viable, robust and of a design which should accommodate future technological developments”.

A spokesperson for Blair said: “As the documents show, and make completely clear, Mr Blair took the issue very seriously.

“His response to the Mulgan note, and in other interactions, was to raise the issue of the viability and reliability of the end project as this was his overarching concern. He subsequently received these reassurances.

The document does not reveal any concerns at the time that Horizon software could lead to post office operators being wrongfully prosecuted for fraud, theft and false accounting.

So, the focus needs to be on PO accountability/criminality .. and any others leading from evidence resulting.

The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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and re PO/Fujitsu culpability

https://www.postofficehorizoninquiry.org.uk/sites/default/files/2023-06/SUBS0000025 - Phase 3 Closing Submissions on behalf of Fujitsu Services Limited.pdf

compare that with

https://www.postofficehorizoninquiry.org.uk/sites/default/files/2023-06/SUBS0000024 - Phase 3 Closing Submissions on behalf of Post Office Limited.pdf

 

Do statements seem to state it was PO who required that call center imply/state 'no one else was having issues

- seems that way to me

Edited by tobyjugg2
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The Tory Legacy

Record high Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

 

10 years to save the Vest

After Truss lost the shirt off the UKs back in 49 days

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