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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hospital Parking Penalties


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A subject very much in the news lately is the amount of money being raised by hospital trusts through parking charges. Whilst I have no objection in principle to paying a nominal charge, I have a major problem with a £2 minimum charge for what might be a 10 minute stop to drop off or collect, or to have to pay double this amount every day for almost a week to stay in hospital with my young son whilst he was there as an in patient - after all I am not going there for the good of my health......well I am but you know what I mean :roll:

 

Anyway I was just reading in the local paper about a man who rushed his son to A&E and returned to his car to find a £40 ticket and has gained the support of his local Councillor to fight the penalty charge and this got me thinking of interfering in what is a very hot debate. If Trusts are already getting almost £100 million through parking charges then increasing this through penalties is surely obscene. Whilst the Trust say that their appeals process will take account of individual circumstances and be lenient with genuine cases, I wonder how many appeals will be allowed?

 

I seriously thought about e mailing a letter to the local paper in response to the paper pointing out facts learned both here and elsewhere about the unlawful nature of penalty charges and parking on private land (which the hospital car park is). Certainly wouldn't be popular and would spark a debate on the letter pages, but would you do the same or let it go?

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Some NHS Trusts have contracted-out the control of parking to local councils. I worked at a hospital where this was the case. Previously, there were endless problems with vehicles causing obstructions and shoppers and people who worked in nearby offices (usually solicitors) using the hospital car park. Hospital security patrolled the car parks, but not very well.

 

The trust increased the parking charges, and the council's moronic PAs started ticketing cars. Including mine, despite it being in a designated reserved space, with a staff permit and a large 'emergency on call' sign - for 'failing to display a valid ticket'!

 

Effect: the council has made a lot of money, the NHS has lost a lot of goodwill, the solicitors now come in a bit earlier and pay for an all day ticket, and it is just as hard to park as it ever was.

 

Consider this, too:

 

You have an outpatient appointment at 1100. You know that you will be with doctor for about 15 minutes. You arrive 10 minutes early, and pay for an hour's parking. However, the clinic is running late; you can't go and buy more time a) because you may be paying twice for the same period and b) you may miss your appointment. When you have finally seen the doctor you find you have a parking ticket. It seems to me that if the NHS is unable to guarantee that you will be seen promptly, they have no business either charging for parking or ticketing those who overstay through no fault of their own.

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My local nhs hospital refunds your chrge and also if you overshoot your paid ticket will give you aletter to give to the security at parking to let your car go free.

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Couldn't agree more

My eldest had to go from our local A & E, to Winchester then onto Southampton to see a specialist. Each consultation lasted no longer than five minutes but with waiting times, the total cost of parking was £6.

Amongst all the stress of having a son with some illness that each hospital is growing more concerned about, you also have to deal with constantly feeding these machines, and worrying that you will run out of cash.

I don't mind making a token gesture but I do recent having to pay through the nose for the privilege of having a sick child or relative.

The NHS is in theory still a free service after all!

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