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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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esp/gladstones MNPR PCN Claimform - spinningfields estate manchester - ***Claim Struck Out***

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Well you have none of the original paperwork, Gladstones have ignored your CPR request and the fleecers have refused to respect your SAR, which means you'll be going into court blind unless you can get your hands on the original PCN.

1.  So have a look at post 25 here  https://www.consumeractiongroup.co.uk/topic/452147-loc-to-ncp-for-failure-to-supply-sar-paid-in-full/#comments  Adapt that according to your details and make sure you include the PCN number.  Send off to ES Parking Enforcement Ltd tomorrow and make sure you get a free Certificate of Posting from your much-visited local post office.

2.  As the point of all this is not really to sue them but to get get your hands on the paperwork, I suggest this letter for Gladstones -

Dear Will & John,

Re: claimform no XXXXX, PCN no XXXXX

I enclose a copy of a letter I have today sent to your client, ES Parking Enforcement Ltd.

I received no paperwork regarding this matter from your client prior to the claimform and your client has breached their statutory duty by failing to satisfy my Subject Access Request made on XX April for which I have proof of posting.

I suggest you protect your client's interests by giving them a boot up the backside and telling them to respect my SAR sharpish, otherwise one of the parties involved here will be getting a thrashing in court, and it ain't me.

Yours XXXXX

Send that off tomorrow, enclosing a copy of the letter to ESP, usual 2nd class stamp, usual free CoP.

Hopefully that will get you your paperwork and we can start building up evidence to bat off their claim.

 

 

We could do with some help from you.

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Just to update I sent with evidence of postage what was needed regarding failure to response to my sar request 

kindly advise should I wait for a reply or any further action I should do 

thanking you in advance 

Edited by dx100uk
unnecessary previous post quote removed
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They have 14 days in which to answer.  So sit tight for now.

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We could do with some help from you.

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Things are a little confusing...

Was a "letter of claim" actually sent to ESP? or just the copy of the Gladstones letter?

We could do with some help from you.

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No confusion.

You did exactly the right thing with the letters.

Sorry to keep bombarding you with questions, but there is a reason.  You have got Certificates of Posting for the SAR, the LoC and the letter to Gladstones, right?

We could do with some help from you.

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Well the 14 days are up tomorrow and this not having the paperwork is going to put you at a massive disadvantage when preparing for the court case.

Can you please confirm about the Certificates of Posting?

We could do with some help from you.

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Apologies for the late reply I was in hospital 

I have it but can’t seem to find it, will keep checking 

thank you 

Edited by dx100uk
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  • dx100uk changed the title to esp/gladstones ANPR PCN Claimform - spinningfields estate manchester - received nothing prior to claimform

Sorry to hear about hospital.

I honestly thought involving Gladstones would produce the SAR, but I was wrong.

Not knowing what the hell you're accused of is going to put you in a dire position in the court hearing, unless we can find a solution.

Given that the fleecers will lie and say they never received a SAR request, finding the three CoPs is essential.  Please come back here when you've dug them out.

 

 

 

We could do with some help from you.

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On 27/04/2023 at 15:06, mkontheroad said:

also today I received this email from the lawyers 

they wont do anything nor are they obliged to in a way, they have your email address, which if you'd been reading up, you should have spotted should have been killed the very next day by replying stating dont use email.  writing only .

whilst this persists there is no way they are going to send you anything until 1 min before the court deadline to exchange witness statements.

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 can see an adjournment request looming... On the day would be good, it would cost the fleecers their reps fee.

Not good for mk though...

Still, IF the sar non compliance runs full course, at least mk would financially cover some of the time he's wasted on all this.

We could do with some help from you.

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  • dx100uk changed the title to esp/gladstones MNPR PCN Claimform - spinningfields estate manchester - received nothing prior to claimform

OK, a lot to read through.

Well done for running through a brick wall and eventually getting these idiots to send the paperwork.

It's not really important, but if you're up for revenge you could report them to the ICO for ignoring your SAR, and only jumping into action when you threatened to sue them in the county court.  When they eventually replied there was proof that they had received your communications and simply ignored them.

It is however concerning that you couldn't immediately find the CoPs.  You're in legal dispute with nasty pieces of work and paperwork can't go missing again, otherwise these vile fleecers will take full advantage.

So - is it definitely your car on the Spinningfields Estate?

Is the address on their letters your real address?

I think they have ballsed up the timings to create keeper liability under POFA, but others more knowledgeable will confirm.  This is not an ANPR caputure.  They refer to MNPR.  About 20 minutes after the original photos it looks like some creep has walked up to your car and taken a photo.

Their own photos show their signage to be pants too.

We could do with some help from you.

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so for an mnpr the pcn should have been attached to the windscreen at the time of the incident, 21-14 2022-10-22 not sent in the post on 2022-10-28.

and thus ofcourse the ntk would have been sent out to early but thats not included in the SAR...interesting - they already KNEW they'd screwed up so didnt send one.!!

 

 

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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Very strange PCN. It looks as if it was sent out to you on time but there is nothing to say that if the driver does not pay within 28 days that the keeper then becomes liable for the charge. This would seem to suggest that perhaps Spinningfields is subject to Byelaws so the Protection of Freedoms Act  does not apply.

But over the page of the PCN it says that the transfer of liability [from the driver to the keeper ]will occur by 25.11.2022 if the charge is still unpaid.. So the upshot is that the PCN fails to comply with the  Act therefore the keeper is not liable for the charge-only the driver is now liable. 

 

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Dear oh dear,

Where do we start with all this?

Well, let's start with a biggy...

This is an incomplete SAR response!
P6 of PDF
Status Log: only displaying back to 2.12.22. This debacle started on 22.10.22 nearly 6 weeks earlier.
So, we have no way to cross reference whether all documents have been supplied.
(Does this mean that the SAR non-compliance claim can be actually started?)

Failure to declare 3rd part recipients of personal data
P1 of PDF
Fleecers declare Gladstones as a recipient of data.
However there are other recipients:
KnightPark... pages 3 to 6 of PDF (bottom of all pages)
ZZPS... page 3 of PDF

Purpose of processing data
P2 of PDF
"PCN is an attempt to recoup lost revenue"
As far as I can see there is no instance of "lost revenue" in this case, so their claim is totally invalid and why are they processing personal data?

Mitigation
P14 of PDF
This looks suspiciously like it might be a (redacted) pic of the driver. So why didn't Daniel Swift (the operative) just ask the driver to move on?

Won't accept postal communications?
P9 of the PDF
Last sentence at bottom of the page. Is this lawful?
They obviously accept post (SAR request). Are they denying the victim the opportunity to evidence their communication with POP?

Out of interest is there any photographic evidence still available online as stated on P9 of the PDF?

And of course "stopping v parking" has already been done to death on the forum.

We could do with some help from you.

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Here are all the photos, did not think were relevant, 

thank you

sar photos.pdf

So - is it definitely your car on the Spinningfields Estate? yes my car

Is the address on their letters your real address? yes correct but for sure did not receive anything from them apart from the claim form

It is however concerning that you couldn't immediately find the CoPs.  You're in legal dispute with nasty pieces of work and paperwork can't go missing again, otherwise these vile fleecers will take full advantage - indeed a massive lesson learned

Please advise what steps I should take 

Thanking you in advance

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You've sent off the N180/DQ, and got the evidence from the fleecers, so the immediate tasks are done.

Ar some point the case will be allocated to your local court and they will inform you.

The best thing to do is to use this "down time" to read similar threads so you get up to speed with the court process.

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We could do with some help from you.

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

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  • 1 month later...

so await allocation.

but still keep reading up.

dx

 

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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Share on other sites

  • 4 weeks later...

Hi everyone 

 

I got this email today out of nowhere, 

 

Dear Mr,

 

We refer to your previous correspondence and apologise for the delay in responding.

 

We have also considered the contents of your Defence and note you have indicated you received no details or letters regarding the claim.  Given that all correspondence was sent to the same address you have confirmed within your defence, we fail to see why the notices and reminders were not received.  Indeed, pursuant to POFA and CPR, such documents are deemed served the second day after which they were posted.

 

We also note your request for various documents under CPR 31.14.  CPR 31.14 relates to disclosure of those documents referred to in the 'statement of case' (the particulars of claim referred to in the Claim Form).  The documents referenced in the Claim Form are the PCN, which should already be in your possession and the signage (the contract).  Notwithstanding this, we respond to your request below:

 

1.  Landowner agreement - attached.

2.  Proof of Planning Permission - not required.  We refer you to the Protection of Freedoms Act 2012 and the IPC Code of Practice.

3.  PCN, reminder and letter before claim - attached.

 

We have also included a copy of the signage, site map an contravention images.

 

Yours faithfully,

 

Deanne

Paralegal and Legal Team Leader

 

 

 

 

Gladstones Solicitors Limited
Unit B, 1st Floor
210 Cygnet Court
Centre Park
Warrington
WA1 1PP

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