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    • reading the order is quite difficult for me. this is a letter (names and addresses taken out) that i sent in which is what i assumed i needed too.   court.pdf
    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as the driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
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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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N1 Court form? LITIGANT IN PERSON


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Without giving too much away as a disabled person I have tried to resolve an issue via MP ADR and my Doctor who has lied and can be proven lying, switched on and off medication that causes withdrawal and housebound issues. 

Self employed I had surgery and they refused post operative assistance and I ended up in Acute Medical Unit. 

The doctor in question is employee of organisation, so the organisation has vicarious liability as Doctor not on "frolic of their own" 

Subject Access documents, NHS App and letters from doctor to MP show the following are relevant and not compliant 

CQC inspections unsafe


Health And Social care act 2008
Health And Social care act 2012
National Health service act 2006
Health and Care Act 2023
The Data Protection Act 2018
Fraud act 2006

Equality Act 2010
Disability Discrimination act 1995

Harassment act 1997

Autism Act 2009

The Human Rights Act 1998

 

Is this the correct form as I'm not entitled to legal aid and Citizens advice bureau don't have a duty solicitor. 

 

Thanks

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You aren't giving as much information so we can't give you much advice.
There is no downside to telling us what has happened.

However, you would normally now days go online and start action through the County Court's MoneyClaim online service.

If you need help with fees then you should look up the County Court website – fee waiver. You don't need to be on benefits. Your level of income can be higher than that and still be entitled to some assistance

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The Doctor I was with refused to consult via telephone during pandemic about a issue prior- the end result was Operation earlier this year. 

Consultation in a wet car park with no medical equipment and members of public viewing. 

As a disabled person I made the Doctor aware that they should make reasonable adjustments in 2022 and it was completely ignored

Self Employed my medication was switched on and off to meet QOF Opiate reduction targets without review-this left me unable to work. 

Post surgery at hospital my care was handed off to Doctor for follow up tests etc- I tried in person to be seen as I had adverse effects and it took 111 and NHS England to get a telephone consultation and Morphine. 

Ended up in Acute Medical Unit as Doctor's wouldn't follow up. 

Went to MP as it seems ICB, NHS England and CQC all deem Doctors Practice not fit for purpose. 

N1 guidance states you can claim an unknown amount and use form for disputes. 

The Letter to MP can be proven full of lies as medication decade prior was allegedly short time, Subject Access Request show decade plus and proven lies. 

Fraudulently told my medication was at pharmacy and to collect( have proof of this) couldn't possibly collect as had been cancelled. 

Medication has been cancelled and reinstated as my medical records and currently on- not once have records indicated review or reason. 

Time limit for disability discrimination is almost out, MP saying not legally trained to help. 

Have read the court guidance, seen flow chart for courts. 

Have issued a notice before action. 

Plan to reference parts of legislation relevant and file N1 form unless the wrong form. 

Found number for filling in the form, will call them perhaps. 

 

Thanks

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Might be worth reading the following before you embark on this type of claim :-

 

 

Quote

 N1 guidance states you can claim an unknown amount and use form for disputes. 

Unknown or undetermined amounts are made using a Part 8 type claim.

 

Andy

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Hi Andy, seen pre action information prior. 

I'm slightly concerned that part 8 claim is non disputed facts and can't be used for default judgement 🤔

N1 seems the court decides where it goes next? 

I have Doctors lying and the NHS Spine and Subject Access Request and CQC show clearly as a regulated service:-

Fraud, discrimination after being warned by NHS England and CQC the legal ramifications of non compliance. 

I don't want a clinical negligence claim, I want a disability discrimination, fraud and failing to comply with legislation. 

I have tried ADR via third party the MP. 

There is supposedly NHS England letter arriving as the practice can't use NHS Resolution due to the breaches in legislation-the scheme wouldn't allow it. 

 

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N1 is the form for both types of claims part 7 or part 8 part 7 requires a stated value before claim, part 8 is determined by the court.

All medical claims are part 8 so impossible to get a default judgment.

I would seriously consider a NWNF (no win no fee Solicitor) for this type of claim they are very complex and will not add to the improvement of your health.

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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 OTHER

 

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No win no fee waste of time IMHO as previously done MCOL and resolved on own. 

Part 7 guidance notes :-

If you are not able to put a value on your claim, write 
‘I cannot say how much I expect to recover’.

I think it is part 7 form I need. 

Unless some kind of voodoo, as I understand it:-

I can ask for reasonable adjustments, reference legislation as required and use Subject Access Request documents from Doctors as evidence. 

Unless missing something, it doesn't seem particularly difficult provided right form submission to court. 

 

 

Edited by NoGodsAndNoMasters
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The hazard here is that it may not end up on the small claims track, and then, if you lose, you may end up on the hook for costs, which could be significant.

QOCS (qualified one way costs shifting) applies for personal injury (PI) claims, but you have said you don’t want to use the PI head of claim, so won’t benefit from the protection of QOCS.

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What sort of costs depends on how complex things get.

WWW.DAILYRECORD.CO.UK

Respected doctor Veena Paes dragged her neighbours to court when she and her husband claimed land that was...

 

If you have £200k on hand, and are convinced you have a strong case : consider engaging a solicitor. They can advise you on the strength of your case and recover (most of!) your costs if you win.

To not use a solicitor on a non-small claims case risks losing (& incurring costs), potentially by making a procedural error (even on a strong case). Surely that would be an expensive lesson, avoidable if you have £200k to self fund legal advice.

Edited by BazzaS
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1 minute ago, BazzaS said:

What sort of costs depends on how complex things get.

WWW.DAILYRECORD.CO.UK

Respected doctor Veena Paes dragged her neighbours to court when she and her husband claimed land that was...

 

If you have £200k on hand, and are convinced you have a strong case : consider engaging a solicitor. They can advise you on the strength of your case and recover (most of!) your costs if you win.

To not use a solicitor on a non-small claims case risks losing (& incurring costs), potentially by making a procedural error (even on a strong case). Surely that would be an expensive lesson, avoidable if you have £200k to self fund legal advice.

It's not rocket science and my prior experience of solicitors is expensive, incompetent and palmed off to junior who makes mistakes at £250-500 an hour. 

Really don't care about money (no pockets in a shroud) roll the dice and see how it plays out😉 already we are in communication with discussions to avoid court, so could file and discontinue if agreement prior. 

 

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  • 2 weeks later...

With disabled & suspected cancer- no pockets in a shroud I have £200k to blow at high court and if dead by end of it🤷 don't care. 

N1 part 8  have legislation all sorted. 

Struggling how a timeline and exhibits are correctly attached🤔

Can a timeline be exhibit 0 and evidence 1-200?

Are certified originals only shown at a hearing or must be sent to high court. 

Unclear on serving documents and paying court fees

Thanks

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