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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
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    • If you are buying a used car – you need to read this survival guide.
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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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Birmingham council Blue Badge fraud use - now magistrates date. **RESOLVED**


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No, the intention of the court is to ensure that justice is done and the right to legal advice/representation is an important aspect of it.

 

A DS is likely to advise you how to proceed and will err on the side of what is right for you, more so than either the prosecutor or Clerk to the Court.

 

Even if you plead guilty, an advocate can inform the  court of the depth of your remorse far better than you can.

 

I think that the court would adjourn in any case so that they can have the benefit of reports if they are minded to impose Community Service Order or even custody (suspended of not).

 

They would also need details of financial state if considering a fine

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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:whoo:

Well done 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was told I needed to seek legal advice before the next court date as it would not be adjourned again. The legal advisor also mentioned putting me on bail as fraud is a serious offence and the judges said that wouldn’t be needed as I had turned up this time.   

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I can only tell you what your position is. It wasn't your fault it was adjourned this time. Had a DS been available the case would have been done and dusted. Magistrates should understand this when you appear next time. 

 

If you think about this, if they are telling you that you need to engage your own lawyer, the court need never provide any duty solicitors. All they need do is make sure none is available, all the cases needing them get adjourned (like yours) and the next time defendants appear it is their "second" appearance (when they would not be entitled to see a DS). 

 

It should be noted on the court's file that the reason for the adjournment was the lack of a DS and your next appearance should be treated as your first.

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I don't think so.

 

But the court has an obligation to provide a DS. It's a legal entitlement that (some) defendants have. I find it astonishing that the court's Legal Advisor has suggested that because one was not available for the OP today that she must make her own arrangements for her next appearance.

 

This from Gick raises an interesting point:

 

Quote

I think that the court would adjourn in any case so that they can have the benefit of reports if they are minded to impose Community Service Order or even custody (suspended of not).

 

If the court is considering anything other than a discharge or a fine, it would be bound to order a report by the probation service. If a probation officer is in court (as they always used to be, but it is not so common these days) a report could be prepared on the day and the case could simply be put back whilst that was done. If the defendant took advantage of the DS scheme, the DS would represent the defendant for sentencing as well. But if an adjournment is required for sentencing then the DS could not be called upon for that second hearing.

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@Blackcat13 here's where to start your reseach, the government Legal Aid page on gov.uk

 

WWW.GOV.UK

Legal aid helps pay for legal advice, mediation or representation in court - see if you can claim

 

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Just spoke to him and apparently because I didn’t seek legal help in the first instance and I’ve pleaded guilty it’s made my situation worse. Apparently as it’s classed as fraud and dishonesty I will end up with a criminal record and may lose my job as a result

of this. Things like car insurance will double so I won’t be able to afford to drive either! Don’t know what I’m going to do 

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The solicitor has confirmed the advice given here earlier re criminal record, job, car insurance and that you have been charged with fraud, so no surprises there. What does the solicitor recommend you do now? 

 

Do you qualify for legal aid? The solicitor should be able to tell you if you do.

 

Will the solicitor represent you and speak for you in court when the hearing is resumed?

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On 24/09/2022 at 17:20, honeybee13 said:

I have a question for @Man in the middleif he's around.

 

MitM, do you think it would help blackcat's cause if she could get one or more character references to show the mags?

 

HB

 

 A character reference may help her (it can't do any harm). Whether it will have any significant impact is difficult to tell.

 

If the court is in two minds (say between a fine or a Community Order) it may just swing it towards a fine.

 

However, if they are fairly well decided in what they are going to impose, it will probably not help very much.

 

I don't really understand the solicitor suggesting she has made her situation worse by pleading guilty before seeking legal help.

 

There was never any doubt about her plea. In common terms she was "banged to rights" and a guilty plea was the only realistic option.

 

She didn't need legal advice to decide that.

 

What has happened is that since has realised that the consequences of a conviction for fraud will be quite far reaching (particularly for her) she is seeking help with mitigation to reduce the damage.

 

But escaping a conviction was never a realistic option and if the solicitor is suggesting that it was, I think she is being misled. 

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