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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.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Boris Johnson, former Prime Minister


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He's dogwhistling to his rabid base - like Trump did and does

 

Wonder of wee Nicky will use one of Johnsons claims as a justification for a scot independence referendum lol?

Johnson will have the choice of admitting he was talking doodoo, giving the scots another referendum, or just BSing .. the latter seems most in keeping.

 

Quote of Quotes

"“We are dealing with a prime minister that doesn’t respect democracy, the law or any of the norms that underpin democracy in the UK”

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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Nicky said it - and about a million or more others no doubt ..

 

 

7 hours ago, honeybee13 said:

There seem to be an awful lot of downsides and hardly any upsides, TJ.

 

For the legal side, David Allen Green has done a blog with some good observations. He thinks the government's legal position makes no sense.

 

DAVIDALLENGREEN.COM

13th June 2022 The government of the United Kingdom published this evening the Northern Irish Protocol Bill. This Bill is so the government can...

 

 

.. Lord Anderson QC also raises the additional excellent point which I had missed, that the requirements for  article 16 included in the protocol are far less than those for the last resort 'doctrine of necessity' the numpty brigade are chuntering about, and is a ANOTHER valid alternative so invalidating a 'last resort' claim, as is simply implementing the documentation systems which have been required since the Brexit vote, and are already needed and used for other countries.

 

But of course, invoking article 16 would immediately be a no deal Brexit which the EU would undoubtedly immediately enforce.

 

Its just hogwash and an attempt at blackmailing the EU (as if) and dog whistling the cheerleaders.

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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you’d have to be slightly mad to agree to a trade deal with a country “that’s already trying to go back on one it just signed”

 

-  congressman Brendan Boyle, US ways and means Committee (massive influence on US trade deals)

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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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"The protocol doesn’t threaten the Good Friday Agreement. What it does do is annoy the Democratic Unionist Party, mainly because they were too stupid to understand what Brexit was before they campaigned for it, and are also, just for the record, the only Northern Irish political party that walked out on the Good Friday Agreement and refused to sign up to it."

 

- Tom Peck

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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From David Allen Green last night.

 

Remember - the Good Friday Agreement expressly requires the UK to have the ECHR directly enforceable in Northern Ireland Ergo, the UK cannot leave the ECHR without breaking the Good Friday Agreement Where Rwanda policy crosses Northern Irish policy

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Illegitimi non carborundum

 

 

 

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Good summary from James O'Brien

 

 

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James O'Brien is great, isn't he? Between him and the videos by Ros Atkins on the BBC, you can keep up with what's happening pretty well.

 

On a more serious note, this is one of today's letters to the Times, eminent people commenting on the NI bill.

 

Sir, The Northern Ireland Protocol Bill is a clear breach of international law. The protocol provides a mechanism for adopting unilateral “safeguard measures” after consultation via a joint committee; having failed to exhaust that procedure it is not open to the government to rely on the doctrine of necessity.

In any event, that doctrine requires “grave and imminent peril” to which the state has not contributed. It is impossible to understand how those criteria could be satisfied. The government agreed the protocol with its eyes wide open, and it is not even now advancing the bill on an urgent basis: indeed, it is telling the DUP that progress on the bill is dependent on the restoration of power-sharing. The proposal to remove the jurisdiction of the EU Court of Justice is far from “necessary”, however politically convenient it may be. The bill shows a lack of commitment to the rule of law and to a rules-based international order that damages the reputation of the UK. We hope parliament will refuse to be complicit in it.


Mark Elliott, professor of public law, Cambridge University; Lord Anderson of Ipswich QC, Brick Court Chambers; Lord Pannick QC, Blackstone Chambers

 
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Illegitimi non carborundum

 

 

 

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38 minutes ago, honeybee13 said:

The government agreed the protocol with its eyes wide open, and it is not even now advancing the bill on an urgent basis:

indeed, it is telling the DUP that progress on the bill is dependent on the restoration of power-sharing.

 

So its a ploy to con the DUP back into power sharing ..

Makes a sort of Johnsonesque sense.

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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There have been some interesting reactions to what the government are up to.

 

Even the Times is suggesting that No10 might have expected the ECtHR to block the Rwanda flight but that it draws a line in the sand between the Tories and Labour before the next election- more division. And it means HMG can blame Europe, remainers, lawyers, courts, etc for not being able to do what the government wants.

 

Le Monde is saying, more about the NI bill, that when Johnson is stuck in a political hole like Partygate or any other issue, he'll pick on the EU as a distraction.

 

 

Illegitimi non carborundum

 

 

 

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I think Marina Hyde sums it up much better than I did.

 

WWW.THEGUARDIAN.COM

Nowadays, a government is judged by the dividing lines it creates, rather than any tangible policies, says Guardian columnist Marina Hyde

 

Illegitimi non carborundum

 

 

 

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One of his more printable 'honorifics' is Johnson 'The great Divider'

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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WWW.INDEPENDENT.CO.UK

Nadeem Ahmed also warned leaving EU had triggered racist attacks and backed second referendum, in embarrassment for Boris Johnson

 

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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PM's ethics adviser resigns. He was only appointed at the end of April last year.

 

I wonder if it was the select committee hearing yesterday that did it.

 

WWW.THEGUARDIAN.COM

Geidt said: ‘I feel that it is right that I am resigning from my post’ following questions over whether PM broke ministerial code

 

Illegitimi non carborundum

 

 

 

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Shame that Johnsons legal appointees (like himself) seem to have no ethics eh HB

 

Another aspect on withdrawing from the ECHR (and I admit I have some mixed feelings on aspects of some ECHR decisions)

 

while “we cannot rule out withdrawal [from the ECHR] forever”

the “clear advice” from Government lawyers was withdrawal “could have far worse consequences…because the convention is written into the Good Friday agreement”.

 

- Dominic Rabb 2016  (quote courtesy of Paul Waugh)

 

 

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 think it's a very bad message if the government are seen not to care about human rights.

 

The only countries to leave the EHCR are Russia and Greece, temporarily to avoid being expelled during the rule by military junta. I think that says a lot.

Illegitimi non carborundum

 

 

 

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These seem to me to be all ploys to divide people using their own incompetence as fuel (who needs nuclear if that could be tapped in a positive way) , and if the division works, would then be implemented.

 

example

Many would agree that the deportation of radicals to where they would meet 'justice' is something to strive for.

That the UK failed to do so, and point the finger at the ECHR (NOT EU) to excuse their incompetence at massive taxpayer cost ...

and then then 'justifying' removing rights for everyone to address that incompetence ...

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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That's my concern, TJ. Then workers' rights, etc.

 

The new law about proptests hasn't really been tested but given how it's looking for food and energy prices, you can see that there's an interest in not letting the population express how it feels publically.

Illegitimi non carborundum

 

 

 

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Lord Geidt's resignation and the PM's reply have been released. I feel quite sorry for Lord Geidt, he took on an impossible job and was very likely misled during his investigations.

 

WWW.THEGUARDIAN.COM

Read the full letter sent by Lord Geidt to Boris Johnson announcing his resignation as independent adviser on ministers’ interests

 

Illegitimi non carborundum

 

 

 

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And here are David Allen Green's thoughts on what's likely to be in the background of this. Interesting observation about arch-leavers wanting to trade on WTO terms.

 

DAVIDALLENGREEN.COM

16th June 2022 Lord Geidt is an unlikely man of steel. Yet it appears that it was the issue of steel  that was the reason for his resignation. And so, as a...

 

Illegitimi non carborundum

 

 

 

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and I see the lying ****** Johnsonites are whinging that a decent honest politician should recuse herself from the committe tasked with examining Johnsons (alleged - lol) corrupt lying .. because she has said in the past, in public that Johnson appears to have misled parliament and lied to parliament and the British public.

.. well as multiple of his own appointee ethics advisors at least 40% of his own MPs and apparently a significantly higher percentage of the Tory party (let alone others) seem to think that IS the case ....

 

WWW.INDEPENDENT.CO.UK

Privileges committee is examining whether Boris Johnson misled house over Partygate

 

hes going to need someone who has spent the last 40 years locked away in a Siberian prison camp .. who would still no doubt quickly come to a 'hes guilty as sin' conclusion despite arriving here clueless.

 

.. Likely be easier to find someone who honestly thought Putin invaded Ukraine in self defense to attack Nazis.

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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The real funny (sic) part about Johnsons claims of his ethics advisor leaving over a disagreement over steel?

- Its that its about Johnson proposing to (continue to) breach WTO agreements ..

... think about that ...

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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They said that - I doubt many believed it except in very limited terms which could not be legitimately considered  in isolation

 

Translation: They thought particular businesses they personally could profit from could benefit from it however badly the rest of the nation fared.

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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The PM who thinks he doesn't need an ethics adviser thought it was a good idea to appoint Carrie Symonds as his top adviser in the Foreign Office.

 

WWW.MSN.COM

The Prime Minister, who served as chief of the Foreign Office between 2016 and 2018, reportedly wanted to make his future wife his £100,000-a-year...

 

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Illegitimi non carborundum

 

 

 

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