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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.
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    • 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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Dangerous Dogs Act dogs attacked a cat ? did they - discussion posts moved here


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Well, if you are unwilling to even consider that advice, it will get very expensive for you in the civil courts.

 

My advice will be to note the previous posters and try to settle and avoid the legal process if you were responsible for the loss and harm.

 

Courts deal with facts, not emotion or goodwill and have a tendency to bite you on the ass, no matter how well intended

Edited by whitelist
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@whitelist

 

Dogs off the lead attacking another animal even with it being instinctual or not would be considered dangerous / out of control and in most cases if they can't be recalled / restrained and they cause injury they will be found at fault even if the animal they are attacking causes injury in defence.

 

We have had two different instances of off lead dogs attacking ours, the first time he was bitten and we had to go through the courts to recoup costs of vet bills etc and the second time I was actually bit first and that is when the police got involved as that is when it is considered assault when a human is involved (not that this part applies here.)


A court could also decide that your dog is dangerously out of control if either of the following apply:

  • it attacks someone’s animal
  • the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal

However animals are considered property so as the police have said it is a civil matter and not criminal.

 

The fact that you said they chased the cat and you didn't see the incident they can't have been under reasonable control by the owner as they would have been out of sight at the time of the attack.

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Lol please ignore paper lawyer "whitelist" I thought I had managed to chase them off the airline forum because of all the horsedung they were posting there but now realize they have found a new life as a dog expert.

 

P.S. I am a cat person and will never forgive your dog for killing a cat, but let's all stay reasonable here!

 

Edit: what "pixel" said seems a lot more sensible tho

Edited by Kyosanto
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@Kyosanto thanks but my dog didnt kill the cat..it ran off after the incident...as the cat had a previous illness/condition the vet recommended it be put down. a lot of assumptions on this forum instead of the help i need.

things are not that clear cut

@PIXeL_92 things aren't that clear cut...you weren't there but have an opinion of it and tell it to me like your a judge! - my dogs were going through bushes on a public footpath from the woods

- i dont have x-ray eyes to see through the bushes etc i cant run as fast as a dog to stop them question: how many people do you know that can run faster than a dog...use some common sense dogs run around all the time and if their in bushes running and i dont see a cat then im unaware there's a cat...then when i see the cat they were recalled...

....i didnt see the cat cause im not as low down as the dogs in the cover of leaves....but i suppose that's my fault now lol..

.wish i had your wisdom and the foresight of events that may happen...i would then be as perfect as you. judging me on a situation your not fully aware of..im getting fed up with people like you.


and i suppose cats that kill mouse and toy with them whilst dying aren't dangerous  - its all acceptable - even when my dogs didn't kill it..the vet did

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On 08/03/2022 at 14:42, whitelist said:

Currently doing a Law Degree with the Open University and this forum debates the finer details of legislation outside of personal opinions.

:whistle:

  • Haha 2

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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ahhh hes one of them types...i should of spotted that when he said "My advice will be to note the previous posters and try to settle and avoid the legal process" eerrr well yes thats what ive done, sent the letter from bankfodder and everything ...done with the advice from bankfodder ftmdave etc...proper nice help - thanks gents

 

8 hours ago, whitelist said:

Courts deal with facts, not emotion or goodwill and have a tendency to bite you on the ass, no matter how well intended

 

and this is wrong what your saying - courts do deal with emotion : The Victim Personal Statement gives victims an opportunity to explain how the crime has affected them, physically, emotionally, psychologically, financially or in any other way.

WWW.GOV.UK

The Victim Personal Statement gives victims an opportunity to explain how the crime has affected them, physically, emotionally, psychologically...

 

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17 minutes ago, whitelist said:

 The Cat owner is the alleged victim through your own alleged negligence.

and what about the 'policeman' physically not letting me get my phone out and abusing me and being aggresive (which is on the 999call) am i not a victim? is he justified for his actions and in the clear? i dont think you've read anything properly.
and before you start with you should have reported him crap - he wasnt in a uniform, i dont know who he is or where he lives and wouldnt know about how in court i go about sorting this...so that may well be something in the future if it goes to court...i have no idea about it,

but i know one thing - i dont want any advice from you.

Edited by danyboy72
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On 19/03/2023 at 14:55, danyboy72 said:

 when they eventually called the police, the police said there's been no crime committed and its a civil matter.

 

the above is from post ONE!

we are now at 73 posts.

end of argument please sofa lawyers

go play elsewhere.

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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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eh? didn't state you were a sofa layer...i said people here are acting as sofa lawyers....:pound:

 

dx

just type no need to keep hitting quote BTW.

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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:pound:nope we suffer from members using and abusing this forum for their own browny points gaining and mental exercises.

 

we do not suffer those fools.

 

 

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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