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    • @FTMDavethanks for guiding me step by step. I have captured the photos night time as well if you see they are not visible even in day time how can anyone see in the night
    • just to clarify one matter everyone....   the statement that 'all road markings within any private land/carpark are mere tarmac graffiti is quite correct.   for dedicated use bays - there has to be a clearly visible sign(s) if one parks in those bays, which must be covered by the relevant council planning permission for poles+signs and elsewhere there must be a sign that details their usage conditions/contract.   dx
    • Don't worry, we're getting there bit by bit.   Tomorrow evening I'll try to deal with your questions.   The photos you've taken are superb - they show the signs as tiny and not illuminated.    
    • Good thinking! I only requested the telephone hearing (in the body of the email) and will send the further note tomorrow to cover all bases!
    • @FTMDave i am attaching the photographs of the Alama park please have a look. Checking your previous post where you corrected some line and suggest some but i could not understand. Is it possible if you edit and delete irrelevant lines.    I have edited little bit but not sure what to add and what to look for   Mr XXX, of xxx and I am the Defendant against whom this claim is made. 1.1. I was the registered keeper of the vehicle XXX. 1.2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.   INSUFFICIENT & CONFUSING SIGNAGE  This is likely to be one of your aces so will need a lot of work once you get photos.  The fleecers have also shown a plan where they claim there are signs (their WS post 12, PDF page 15 which you need to confront).   2. I confirm that i was the registered Keeper of the vehicle which is in question in this case and the vehicle was parked in Alma leisure centre Chesterfield. The vehicle was parked there because the driver went to McDonald’s for eat in (the bank statement proof exhibit 1).   3. There were no clear signs at the entrance nor in the car park, it was night time and weather was not clear as well.   3.  Even if the driver had seen the signs, they would have been extremely confusing.  A car is normally allowed to be parked for five hours, yet after midnight this is changed to one hour.  This begs the question for how long a motorist entering at 10pm for example is allowed to stay.  Is it for five hours until 3am or until 1am?   3.1. The PCN/NTK states "period of parking 00:02:05".  It is common sense that a couple of minutes was needed to enter the complex, find McDonald's and find a parking space, before the period of parking began, so it was likely the car entered the car park before midnight allowing the driver to park the car there for five hours.   4.  Even if the driver had seen the signage - they did not - the mention of a £100 charge is literally the last word on the last line of a long board of text.   4. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.     UNFAIR TERM   4.  In an interview with the local newspaper (exhibit XXX) Ms Ellie Berkeley, HX PCN administration team leader, said: “The five-hour maximum stay prevents workers from close by abusing the land and parking there for free, without using the shops on site" which makes sense.   5.  This therefore begs the question of why this limit is cut by a massive 80% after midnight when the cinema and eateries are still open.  The driver indeed ate at McDonald's.   6.  Ms Berkeley continued: "Five hours is sufficient time to visit the cinema and also eat at a restaurant".  Certainly five hours are sufficient.  One hour is not.    7.  I would maintain this is an unfair term under the Consumer Rights Act 2015 part 2 section 62 (6) ""A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer".  Such a term has absolutely nothing to do with efficient management of a car park and everything to do with trying to catch diners or cinema-goers out and thus have an excuse to issue PCNs.   NO KEEPER LIABILITY   5. The Particulars of Claim do not clarify in what capacity they believe I am liable but state that the Defendant is “liable as the driver or keeper” of the vehicle. This appears to be “fishing” for liability.  Is this really in the PoCs? - you need to look and find out. Where to look on PCN letter?   The rest of your section is about the use of POFA at airports which is completely irrelevant.    Adapt LFI's suggestions re POFA and keeper liability -   First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail.   The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   PROHIBITION  This deals with no stopping cases.  Yours in not no stopping so it is completely irrelevant.   LOCUS STANDI   You have quoted a different contract in a different place with a different PPC.  You need to read and try to find holes in the contract they produced (post 12, page 15 of the PDF for anyone looking in). What shall i add here   Adapt LFI's suggestions -   Looking at their contract, the names of the signatories and their positions in their respective  companies have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   ILLEGAL SIGNAGE   8. After checking, I have found out that there in NO planning permission granted for said signs, therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.   LFI's suggestion -   They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   ABUSE OF PROCESS  I've cut some bits out as the CoP hadn't been published when the fleecers went after you.  Are you sure the Unicorn Food Tax in the PoCs is £60? ( I couldn't understand this)   9. The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “debt collection costs”. No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4.    9.1. As part of the provisions of the Parking (Code of Practice) Act 2019, on 07/02/2022 a new Code of Practice was published by the government, designed to prevent these “rogue” traders from "ripping people off" (the minister's words) with extra charges, which have been deemed unfair (https://www.gov.uk/government/publications/privateparking-code-of-practice/private-parking-code-of-practice).    9.3. Section 9 of the new Code of Practice, regulates the matter of recovery costs: “The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.”   9.2. Even before publication of the government’s Code of Practice, Parliament intended that private parking companies could not invent extra charges. PoFA Schedule 4, paragraph 4(5) states that “The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper” which in this case is £100.    9.4. Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since that sum (£85) was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated ‘’Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates [...] in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared [...] the claim is struck out and declared to be wholly without merit and an abuse of process.’’    9.5. In Claim numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain HamiltonDouglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ‘’It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in ParkingEye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''    9.6. The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.     Statement of Truth    Alma Leisure.pdf Alma leisure centre.pdf
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Top secret HB, although things are quite open in the USA about how good they expect their side of the deal to be

 

It'll have to be hearsay for the moment

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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A little filler

 

The US (likely worse if Republicans regain houses) is unlikely to agree much at all with the UK while

1. Johnson holds Good Friday agreement to his backside

2. Agreements with EU (who also support the good friday agreement) are finalised

 

When it is ready to deal (bearing in mind the EU has already had the steel and aluminum trump tariffs removed), the UK is seen as a weak party desperate for a deal - and ripe for ripping off. If Australia can do it ..

Wont be much better with India either.

 

Rather rich as the Brexitwits claimed that brexit would allow better deals ...

Not seen any of that part of Johnson the liars Brexit lies as other than lies either

 

 

Its not new ... just being more solidly confirmed as time passes

Most was in the US trade agreement objectives when it was released over a year ago - and no changes to those.

 

The Irish lobby has been quite active, and the US is clearly replacing the UK/EU with the UKless/EU for all except the UK's security council weight - which is shrinking and shrinking in 'soft power and effect thanks to lightweight Johnson

 

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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According to Peston, Sue Gray has found an email from an official warning Matin Reynolds that the May 20th 'work event' was against the rules.

 

WWW.ITV.COM

The civil servant has found an email in which a senior official warned the PM's principal private secretary that holding a party was a bad idea. | ITV...

 

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Illegitimi non carborundum

 

 

 

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Government scraps advice on working from home. No news yet on drinking at work.
 

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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A little reminder

 

 

WWW.THEGUARDIAN.COM

Hugh Muir: Mayor escapes censure over Twitter election dodge

 

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Full Fact have pulled up the Express for the second time, for overstating the value of 'new' trade deals.

 

FULLFACT.ORG

The Express claimed that post-Brexit, the UK has struck new free trade deals with 70 countries worth over £760bn. This is the total value of trade with...

 

Illegitimi non carborundum

 

 

 

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WWW.INDEPENDENT.CO.UK

No 10 denies allegations first made by William Wragg MP

 

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Is this part of Operation Save Big Dog and has anyone told the other countries in the alliance?

 

WWW.THEGUARDIAN.COM

Analysis: Press release depicts a leader gripping a crisis, not a broken man unable to shed travails at home

 

Illegitimi non carborundum

 

 

 

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As the Blinken yank was discussing it with the EU ..

... The dogs bits is certainly NOT what it is.

 

Quelle surpris -  Boris the LIar is lying in his own interests

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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WWW.INDEPENDENT.CO.UK

Ex-Australian PM Paul Keating calls foreign secretary’s warning ‘not simply irrational, demented’

 

 

All attempts to get attention off Corrupt liar johnson and the 'carefully selected/doctored' report from Gray when it arrives

Edited by tobyjugg2
  • Haha 1

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Breaking News

 

Johnson threatens Putin with:

“no plans to send UK combat troops”

and

'UK Embassy staff being withdrawn from Ukraine out of the way

and

"“We don’t speculate on things like sanctions" ... but 'they might be on the table'

and

'Maybe even one of the Typhoons that so successfully hit the same oilwell in Syria so many times will be fueled up at some RAF base .. as a last resort

 

Putin must be quaking in his boots ... with laughter

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

The Met have decided to investigate 'partygate', meaning that the Sue Gray enquiry is being paused in the week it was meant to be issued.

 

It looks like a good way to kick the issue into the long grass until the Met decide whether there's enough evidence. I can see people leaking more information and possibly photos to the likes of Paul Brand at ITV.

 

 

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Illegitimi non carborundum

 

 

 

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On 19/01/2022 at 17:38, tobyjugg2 said:

"Although the council has announced cross-party committee to investigate the issue, the fact that all senior councillors have stonewalled questions on the subject has only added to local fury. Residents here feel like their concerns are being ignored by the very people who should be representing them.

 

And, with local elections barely three months away, there is some suggestion Labour and the Greens may end up paying at the ballot box – creating the bizarre possibility that both parties could lose South Yorkshire council seats over a scandal that started with a Tory prime minister."

 

WWW.INDEPENDENT.CO.UK

Kate Josephs – boss of Sheffield City Council – hosted Whitehall drinks while residents said goodbye to loved ones on iPads. Now crisis...

 

Get rid of her - no dithering

 

 

What are they playing at?

and this isnt even a Populist council.

Vote the Councillors out too

 

WWW.INDEPENDENT.CO.UK

Former head of Covid Taskforce has been granted ‘discretionary’ leave

 

"councillors have not suspended Josephs so she will be granted time off from her £190,000 post on fully-paid “discretionary” leave.

 

Such a form of absence, insiders say, tends to be reserved for employees experiencing traumatic personal events such as where the loss of a loved one is so devastating that statutory bereavement leave is not considered adequate."

 

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

"Maroš Šefčovič, with whom Truss recently spent time at the foreign secretary’s official Chevening residence, took time out at a press conference to describe her as a “top notch politician” and a proven “deal maker”.

 

Rumored to have been overheard in the EU negotiating camp among peals of laughter:

'Johnsons government said they wanted an Australia type deal .. well, we will be very happy with one of Truss' Australia type deals eh?'

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

11 hours ago, honeybee13 said:

The Met have decided to investigate 'partygate', meaning that the Sue Gray enquiry is being paused in the week it was meant to be issued.

 

It looks like a good way to kick the issue into the long grass until the Met decide whether there's enough evidence. I can see people leaking more information and possibly photos to the likes of Paul Brand at ITV.

 

 

 

Yep

Johnson wouldn't comment while awaiting greys report

Met wouldn't investigate while awaiting greys report, (despite met officers signing people in)

greys report now wont be released awaiting met investigation

johnson wont comment awaiting met investigations

... another none met investigation next? during which nothing will be said awaiting its findings ?

 

No wonder Johnson 'welcomes' met investigation to excuse continued no comment and non-release of grey report

.. plus of course:

“Officials who don’t tell Sue Gray the whole truth will not hold back from the cops.”

-  which Met cops (aka cress) will undoubtedly hand over to Johnson

 

The whole thing stinks and the met is adding to the stink

 

 

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

UK.YAHOO.COM

The chancellor entered the room where the birthday gathering was held on his way to a meeting, Yahoo News UK understands.

 

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Nobody seems to know the position with the Sue Gray report although the main pundits seem to think it could be this week.

 

I think Johnson is trying to delay taking delivery of it to delay the inevitable and there's talk of not wanting to cut across the police enquiry, but the Met have already said they don't have a problem with it being published.

 

So we wait and see today. Will there be more revelations once the report's out, as some people think?

 

WWW.THEGUARDIAN.COM

Premiership under threat as MPs see official report that has now triggered police investigation

 

Illegitimi non carborundum

 

 

 

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It does appear that there are people in Government who have wanted Johnson to leave office for a long time.  There has been a steady flow of leaks to media and I can only see this continuing.

 

Johnson may just decide to quit, rather than face being forced out by Tory backbenchers. Would be surprised if he still had support of most Tory MP's.

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Time will tell if I'm right, but I don't see Johnson leaving of his own accord, it's being said that he's fighting on and spent yesterday talking about strategy.

 

But at least one journo thinks the relationship between the PM and the party is broken.

 

WWW.NEWSTATESMAN.COM

The relationship between Johnson and the Conservative Party is now “completely broken,” say Tory MPs.

 

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The Beadle (Rees-Mogg) was talking about a General Election, so you never know, great result might be Johnson goes but also somehow takes Cressida Dick and Sadiq Khan down on the way.

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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Lord Agnew, a Treasury minister with responsibility for cross-government efficiency has resigned, saying  "a combination of arrogance, indolence and ignorance" was "freezing the government machine".

He read out his resignation speech in response to a question from Labour about the £4.3bn of Covid loans written off by the Treasury.

 

He accused the government of making "schoolboy errors" by giving loans to over 1,000 companies who were not trading when Covid struck.

 

A No 10 spokesman attempted to excuse the 'incompetence by claiming that £500m was recovered last year.

 

WWW.BBC.COM

Lord Agnew says the government had made "schoolboy errors" when handing Covid loans to business.

 

 

£4.3B is a mere pittance compared to PPE and NOT NHS test and trace corruption/incompetence.

 

... but they will still scrape back a couple of billion from the poorest and the absolutely essential £130M by not feeding UK kids

 

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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