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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Single-occupancy discount


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The Council Tax single-occupancy discount form has the following information on it.

 

Guidance notes

 

...

No other person who is over 18 must be living in the property with you as their only or main home.

Declaration

 

...

and that I do not have a husband, wife or partner who lives at this property at any time.

 

Apart from the two above quotations seemingly being incompatible with each other (only or main home & at any time), I have a few questions about when a person would be entitled to a single-occupancy discount.

 

 

  1. If person 1 lives at address 1 100% of the time. Person 2 lives at address 1 50% of the time and at address 2 for 50% of the time, is person 1 entitled to the discount?
  2. If person 1 lives at address 1 100% of the time. Person 2 lives at address 1 25% of the time and at address 2 for 75% of the time, is person 1 entitled to the discount?
  3. If person 1 lives at address 1 100% of the time. Person 2 lives at address 1 75% of the time and at address 2 for 25% of the time, is person 1 entitled to the discount?

Assume address 2 is in different council area.

 

Similarly, to which council is person 2 liable to pay council tax in the 3 scenarios above?

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  • 3 weeks later...

too confusing for me :confused:

 

will ask for someone to seeif they know

 

ida x

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Thanks.

 

I thought it might be a bit confusing. I have some info from the council now that I will scan and post up later.

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Declaration

 

...

and that I do not have a husband, wife or partner who lives at this property at any time.

 

I assume this to mean a husband, wife or partner who for example is in the armed forces or whom otherwise spends much of their time away from the home, but that they still contribute to the total household income, and are still a husband/wife/civil partner/partner of the main resident.

 

A partner, at least for benefits purposes has their income taken into account when considering entitlement, and if their work/circumstances takes them away from the home but they are still a partner of the main claimant, and still contribute to the household income, they form a part of the claim. So a partner may not live there all of the time or any of the time due to work/circumstances but is still a partner and is still taken into consideration.

 

Whereas a person over the age of 18 whom is not a partner, and who does not use the residence as their main or only home does not form a part of the claim.

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For points 1, 2 and 3 it comes down to 'sole or main residence'.

 

Even if a person spend 50% of the time in the property, if was their 'sole or main' residence they they would be regarded as living at the property.

 

A person could be mainly resident at property A in 1 authority but not be liable for council tax at that property yet still have a council tax liability with Council B.

 

Its difficult to generalise, you need specific details as each case if different.

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