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    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
    • FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc.    At least now we can move on.   To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.
    • Hi Dave, Hope you enjoyed the football and thanks for looking over the WS.   I have two questions:   1) Strategy - for my mum's car, considering 3 of us were insured on it before it was sold (me, mum, dad) do you think it's worth just playing the 'sue the driver not me' and evade whether she was there or not? And then say POFA wasn't fulfilled so can't be held liable at keeper. I wanted to point out in the WS they should be able to identify the driver considering they had a patrol officer and their privacy notice on their sign says:    'These images will include the recording of the vehicle number plate and may also include images of any person(s) associated with the vehicle. Images are collected for the purpose of identifying the driver or keeper responsible for any charge arising from failure to follow the contractual terms and conditions of the site.’   Obviously in practice they won't have taken images cos that would be a GDPR/privacy nightmare to store. But its their threat, so why not ask them to produce it?   Or should you think its best to to make the statement as you suggested and say they were there and keep it vague about who was driving, like the wording you used suggests?   2) Planning permission: I can't find anything in the portal, I emailed the council and they sent me a booklet about advertising and signs and asked which ones I meant. So I'll reply with pictures. But aside from hopefully the council replying saying they don't have permission - I don't know how else to prove that they didn't have planning permission.    Sorry I have so many questions - writing two WS's (even if they overlap) is a bit of an undertaking!          
    • Well Ambreen is mercifully less repetitive than Wally.  However, the "meat" of her WS comes down to the same thing.  "We put up lots & lots & lots & lots of signs and the driver walked off site".  I don't think you need two threads and I think fundamentally your two WSs can be the same based on the arguments in posts 101-105.   As you're going to state you think the attendant removed the windscreen ticket and also failed to mitigate your mistake, I'm thinking it might be worth your parents backing each other up.  They could each write a short statement saying that on that day they were with "the driver and the driver's party", that they all visited the Citygate garage together which was a matter of metres off site, and when they returned to the car there was no windscreen ticket.   Have they got any other proof of visiting the Citygate garage?  Did they phone before or make an appointment for example?    It also crossed my mind to briefly acknowledge you agree with Ambreen about the signage so that argument can be got rid of (she hasn't got much else).  Then I thought, even better, say you agree about the number of signs but that they were erected illegally and go on to the bit about planning permission.   Regarding LFI's point 48.  Not only will Ambreen not be in court (VCS's paralegals never, ever are) and therefore unavailable for cross examination, neither will the car park attendant who engaged in predatory practises.   When you have time post up a draft of your WS and we'll help to tweak where necessary.
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Accident with carer


johnwilsonstorey
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My mother who is 84 has help at home twice a day. Last Sunday morning at about 9 0'clock the carer who had never visited before, and dosen't know her, took my mother on a walk around the garden although it was a very damp and grey morning. It had also been raining very heavily for the previous 2 days.

On this trip she did not have her walking stick, and she NEVER walks unaided and she fell and broke her hip. A major thing to happen if you are 1/4 that age.

The 'carer' managed to get her back inside the house, made her a cup of tea reported the incedent to her peers and then after a very few minutes left, presumably for the next patient.

The carers' office then phoned us to report that she had had this accident. We then went to the house to find her lying on the floor and unable to move, an ambulance was then called.

It has left my mother with almost no prospect of recovery and her frame of mind has really taken a turn for the worse, in fact while she has been in hospital she has actually hit 2 staff, a thing she would never do before she had this accident, so its totally changed her.

It is my intention to make an offical complaint about this to Social Services but would like some advice on how to proceed.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Hi,

 

I am sorry to hear what happened to your mum.

 

Iwork in social services but with children so the advice I am passing on here is in the broad sense of how to complain.

 

Check here General Social Care Council: Homepage - this is the social care regulator.

Does your mum have a social worker - if so complain to her in writing first. Check out the website of your local authority and the adult care pages which should have all the information you need there to complain. Send letter to Team Manager, Service Manager and Head of Adult CAre.

Also make a complaint to the agency who supplied the staff and copy to all concerned.

I cannot for the life of me understand why an ambulance wasn't called - accidents happen but this seems like gross negligence.

 

If I think of any thing else I will get back to you.

 

Best Wishes

Consumer Health Forums - where you can discuss any health or relationship matters.

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I'm sorry to hear about your mum and I do appreciate your concerns but I do have to question where the hip fracture occured. If the 'carer' was able to walk your mum back into the house after her fall I would question whether the fracture had occured at this point. The fact that you found her lying on the floor perhaps suggests she had a second fall?

I agree with your point that a carer who does not know your mum and her capabilities should not have taken her for a walk.

Are the doctors going to operate? If so she may make a good recovery - fingers crossed for you all.

Best wishes.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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Thanks for the advise and i'm sorry its taken a few days to post again

One question which comes to mind is a question of where the actual fracture took place, is it possible that when the original fall took place in the garden that the bone although fractured stayed in place and this is how the carer managed to get my mother back inside.

Then as she later tried to get up the two ends of the bone seperated and this is why she ended up on the floor rather than a second fall causing the broken bones.

I do understand that no one will ever really know, but all I am asking is, could it be possible.

An update on her health is she is more confused and very vacant and refusing any help in standing although her leg has been 'repaired' by plates and screws.

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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Sorry to hear your mum is still confused - is this a new thing for her?

 

Normally when a neck of femur fractures the leg becomes shortened and externally rotated as the muscles pull the bone out of line - I'm not an orthopaedic expert but I suspect that she would not have been able to walk at all once the leg was fractured. Ask to see her consultant and ask his opinion - I would also be asking questions about the confusion if this is new - has she been checked for a urine infection for example?

 

Hope she recovers :)

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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She has been a little confused over the last 2/3 years since the death of her husband but since the accident the difference in her is frightening. The hospital is going to do a CT scan this week to see if anything is happening.

Regarging the leg injury I will talk to the consultant and ask his opinion

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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  • 3 weeks later...

as a carer i find that your mums carer is well and truly out of order,she should have rang the gp and remained with your mum until the gp came out,or least asked for a second carer to come and sit with your mum,the problem will also be with the company the carer works for ,for not giving her the correct information such as she needs her stick to walk with or cant not walk unaided,i would complain about it to social services and there is always the csi aswll

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One question which comes to mind is a question of where the actual fracture took place, is it possible that when the original fall took place in the garden that the bone although fractured stayed in place and this is how the carer managed to get my mother back inside.

Then as she later tried to get up the two ends of the bone seperated and this is why she ended up on the floor rather than a second fall causing the broken bones.

I do understand that no one will ever really know, but all I am asking is, could it be possible.

 

Short answer to that is: No. Even a younger fully mobile person would not be able to put any weight or walk on a fractured major bone. If your mum had broken her bone in the garden, even with the help of the carer, she would not have made it back indoors. So, forget the "no-one will ever know", because that part is beyond doubt.

 

This doesn't absolve the carer of what was an appalling behaviour and lack of care, and that definitely should be pursued as an official complaint, should it only be so that this carer can not inflict upon the same misery upon an other person.

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Short answer to that is: No. Even a younger fully mobile person would not be able to put any weight or walk on a fractured major bone. If your mum had broken her bone in the garden, even with the help of the carer, she would not have made it back indoors. So, forget the "no-one will ever know", because that part is beyond doubt.

 

I'm not a doctor but I think you're mistaken.

 

In the Your Health section in Body & Soul in today's Times (page 9) there's an article called

 

"FAIRYTALES ABOUT FIRST AID

You think you know a bit about medicine? You're likely to be wrong says Dr Keith Hopcroft. He debunks common myths....

... If you can walk on it, it can't be broken

Wrong. Fractures may "impact", with the broken ends of bone forcing themselves together in a messy and unstable union. The result is pain and swelling - as in the elderly lady with an impacted fracture of the hip who calls for help only a few days after her injury"....

Here's the link You think you know a bit about medicine? Try this-Life & Style-Women-Body & Soul-TimesOnline

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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There is a major difference between a break and a fracture, in medical terms. If a bone was broken, I would be amazed if you could put pressure/weight on it. A fracture is a different story - fractures are often treated in a similar way to sprains and severe bruising, as they do not usually(although clearly depends upon the location of the fracture) cause any differing symptoms then these conditions.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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My terminology is probably completely incorrect, sorry I appreciate that. However, I perosnally(as a layman!) would describe, if I was describing in detail, damage to the bone that has not gone right through as a "fracture", and a clean "break" across the entire cross section of the bone as a broken bone. There is a clear difference between the symptoms and treatment of the two, as I have found out to my own detriment!!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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