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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [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;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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4 speeding tickets and facing ban


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Hi,  I am hoping someone can direct me to the best outcome for my problem.

 

I received 4 speeding tickets in a short space of time last year, just over 3 weeks actually,  same place very similar speeds going through roadworks on the A1 the limit was signed at 50 and I was caught doing 61, 60, 62 and 61, no point denying it,

 

Couple of reasons for it, non of which will make a difference I don't suppose but I had a lot on my mind with some domestic health issues and quite honestly I thought they were average speed cameras so wasn't too concerned of that as I would have have had no problem if they were.

I wasn't overtaking anything and just moving with the traffic. Again that's no defence.

 

The vehicle I drive is a standard van which is leased to me so therefore I did not receive any notification until about a month after the first offence and so by the time found out my mistake I was already "stuffed".

I replied and admitted it, which brings me to present time.

 

I have 4 notices of Summons on Referral to Court in very early February.

My driving license is my way to earn money, I am self employed in construction and it would be impossible for me to earn any money without being able to transport my tools and goods to whichever site I work on and these can be literally anywhere in the UK.

I wouldn't be able to pay the rent or any associated costs etc.

 

I understand the idea that a penalty needs to inflict some sort of deterrent but a long ban would destroy my life I'm a bit concerned !

I also have my 84 year old disabled father living with who would be impacted by a ban and the company that I do most work for is a small company and if I was unable to work there would be a significant impact on that company too.

 

I think I have covered everything there except to say that I cover over 40,000 miles a year and have no other blemishes on my license with the exception of a speed awareness course about 2 and a half years ago.

 

Thanks in anticipation.

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You need to prepare an "Exceptional Hardship" argument to put before the court. As I'm sure you know, you will get twelve points for these offences and that will see you face a "totting up" ban of six months. This can reduced to zero if you can show that "Exceptional Hardship" will follow for you or others if you are banned. Here's the Sentencing Council's guidance to Magistrates on the mater:

 

3. ‘Totting up’ disqualification – Sentencing (sentencingcouncil.org.uk) 

 

You will note that loss of employment by itself is not usually considered "exceptional."  However, the additional info you have provided can well tip the scales in your favour -  In particular your father's circumstances. Your employer suffering from having to "let you go" together with the effect that may have on your remaining colleagues is also a good angle. You need to prepare your argument and be ready for questions from either the Magistrates or the prosecutor. In particular you need to be prepared to show that alternatives to you driving are either not available or are impractical. Any proof you may have to support your arguments will help (e.g. letter from your father's doctor explaining his circumstances and his dependence on you for care; letter from your employer  explaining whether or not he could continue to employ you and the effects it would have on the business if you were banned or had to leave).

 

A final bit of advice is that if you are successful you will keep your licence but it will have the twelve points remaining on it. This means that any offence you commit before the three year anniversary of the first of your recent speeding offences will see you face a totting up ban again. You cannot use the same reason(s) to argue exceptional hardship again within that period. So you may care to keep some of your powder dry by restricting your latest argument to just one aspect (and I would suggest the care you need to provide to your father is your best chance of success). The choice is yours - the more you egg the pudding this time the greater the chance of success, but the less material you will have to use should you be unfortunate enough to face a ban again. On that topic, I note you have done a speed a awareness course 2.5 years ago. You will become eligible for another when the third anniversary of the date of that offence is passed. Courses are normally offered up to and including (Limit + 10% + 9mph).

 

Hope this helps. Let me know if you need any further info.

Edited by Man in the middle
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Thank you for your reply, it's helpful and I already have a letter from my employer along those lines, the thought of those points over my head is quite disconcerting but that is out of my hands.  I had a colleague some years ago who received a ban for speeding but got a short ban ( can't remember the duration )  at the end he had no points and ironically I got a ticket while on my way to pick him up !

 This might make me sound like a habitual offender but the reality is that doing the kind of mileage that is involved with my job carries a higher risk than for most people, this however has me being VERY careful.

If I had the option of a short ban to clear everything I would probably think carefully about taking it rather than the other option of points being there for years, with that in mind I wonder if it would be beneficial to gain the services of a solicitor to see if that would be a possibility.

6 months that's a whole different ball game.

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The option of a short ban is a forlorn hope, I'm afraid. 

 

Although a ban can be imposed for any offence which attracts an endorsement and points, any one of your offences would normally only attract 3 points (in fact every one of them is within the range where a course would be offered). To ask the court to ban you for any or all of them would be asking the Magistrates to sentence you considerably outside their guidelines and there is no justification for them to do so. Furthermore, Magistrates have supplementary guidance which suggests that where they have an option of points or a ban and points would lead to a "totting up" disqualification, then points should be imposed.

 

Appointing a solicitor to represent you will cost you at least £300 and probably more. My view is that you would be wasting your money. I do not believe (s)he will be able to persuade the court to impose a short ban for any or all of the offences. In theory it is only necessary to succeed in persuading the court to impose a ban for one, leaving you with nine points for the other three, but there is simply no justification for the court to do so. You may want to consider representation to present your EH argument but if you are capable of speaking to the court that is all that's necessary. You can write down what you want the court to hear if you like and either read it out yourself or ask them to read it rather than speaking. But you should be prepared to answer questions. Some solicitors give a free 30m consultation where you may be able to get an opinion. But beware of those who promise you the Earth if you engage them. They get paid whatever the outcome.

 

If you want, post your EH proposals up here and I'll let you know what I think.

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Thank you, it is very much appreciated, not what I wanted to hear but that's life. I will save the money on that advise and deal with it myself, I don't relish speaking in court but it's not something I am going to have a great problem with either.

 I will get to work on the EH angle and see how it looks. ( I have a couple of parties that are fairly good at that kind of thing.)

The solicitor fee will help with whatever fine I get !

Thank you very much.

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  • 3 weeks later...

Thank you for your help so far and apologies for not getting to this earlier, I have a quick draft letter from my employer as a starting point, there are a few things on it that I would probably change but I am a great believer in getting more than one opinion.

 I would probably add to this that I have a work colleague who doesn't drive ( he has a foreign licence but hasn't driven here) who I work with most of the time, so effectively if I am banned it would have a great impact on him too.

 I understand what you say about restricting the argument so in this instance will leave my Fathers disability out of it just in case !

 

I look forward to your comments. Thank you.

 

 

Dear Sirs,

 

RE: Bakerboy 4 Traffic Offences

 

Bakerboy has been known to me for over 22 years and I can assure you he is a person of the highest order and principals.

 

He has been working away from home at a new large distribution centre in Somewhere on our behalf since May 21/05/20 and continues to do so. At the time of the offences he had to travel to and from his home to Somewhere every day and work a long hours on site. Frankly he became exhausted. I believe that Bakerboy has not intentionally broken the speed limit, although this doesn’t make the offences acceptable, we would hope knowing that it has not been done intentionally but whilst under great fatigue, pressure and stress, that you might be able to show him some leniency on this occasion.

 

He has put in great effort and worked long hours running the contract for us at the Distribution Centre. His work ethic has ensured our company on going work in these difficult times. Moving forward we are fortunate now having work for other Sites with the same company (In various places) in addition we have work for another client who are aiding the governments in getting the unemployed get back to work and have been given works at several offices around the country

 

Without doubt Bakerboy is vital for us to carry out these contacts works moving forward and can not do so if he is not able to drive.

 

Yours faithfully,

 

 

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Two quick and immediate points:

 

1. Do NOT get your employer to suggest you were exhausted. You shouldn't drive whilst exhausted and it aggravates the offences. But in any case, since you are pleading guilty to them it doesn't matter. The circumstances of each offence are not relevant when the court considers your EH argument. By that time you have been convicted of them and how or why they happened is not a consideration. 

 

2. Instead your employer's letter to the court should concentrate on the "Hardship" that others (e.g. the company or your colleagues) will suffer if you are banned. It should also cover why no alternatives are available to them (e.g. are your skills and knowledge scarce such that they cannot easily be replaced; can they not train somebody else quickly to do your job). That sounds harsh but your employer will be asking the court to accept that they will suffer hardship. Part of doing that is to demonstrate that no practical alternatives are available.

 

Remember, you will get three points for each offence whatever mitigation you offer for them - that is the minimum. So you don't need to concentrate on that. Concentrate on explaining the exceptional hardship that you or others will suffer.

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