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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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Contribution Based JSA to Income Based JSA


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Hi Guys,

 

Anyone been on contribution based JSA for 6 months and then went onto income based allowance? Girl at the job centre said you need to apply whats the chances of you getting it? And will it be more or less than what you currently get? Is there the back to work scheme after 6 months on contribution based allowance?

 

Thanks.

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Whether you get it would depend on you, and your partner's (if you have a partner) income, and capital. It's £64.30 per week for a single person and £100.95 for a couple. If your income is more than the applicable amounts, you won't qualify, nor will you qualify if your savings are above £16000.00.

 

If you have savings of £6000.00 or less, they won't affect your entitlement to income based JSA.

 

If you have savings of between £6000.00 and £16000.00, they amount of JSA you would receive would be reduced £1 per week for every £250.00 (or part thereof) between £6000.00 and £16000.00.

 

After 6 months of contribution based JSA, your contributions are "exhausted" and you are no longer entitled to contribution based JSA. Once you have been receiving income based JSA for 6 months or more, your jobsearch will be expected to be widened and you will be expected to do more to find work, which may include being placed in programmes designed to support this.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi.

 

Ive just gone from CB JSA to IB JSA and it went (quite) smoothly, I had a group meeting at the 6 month point and it was all mostly sorted then, then was a cockup when my payment didnt arrive in my bank as expected so I phoned up and it arrived 3 days later.

 

I didnt have to re-apply or anything, I was automatically elligible, being single and having no savings.

 

Andy

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  • 2 weeks later...
Whether you get it would depend on you, and your partner's (if you have a partner) income, and capital. It's £64.30 per week for a single person and £100.95 for a couple. If your income is more than the applicable amounts, you won't qualify, nor will you qualify if your savings are above £16000.00.

 

If you have savings of £6000.00 or less, they won't affect your entitlement to income based JSA.

 

If you have savings of between £6000.00 and £16000.00, they amount of JSA you would receive would be reduced £1 per week for every £250.00 (or part thereof) between £6000.00 and £16000.00.

 

After 6 months of contribution based JSA, your contributions are "exhausted" and you are no longer entitled to contribution based JSA. Once you have been receiving income based JSA for 6 months or more, your jobsearch will be expected to be widened and you will be expected to do more to find work, which may include being placed in programmes designed to support this.

 

My question was will I have to reapply for IB JSA or will it go over automatically as Andy has put it as the jobcentre have already got my details?

 

Hi.

 

Ive just gone from CB JSA to IB JSA and it went (quite) smoothly, I had a group meeting at the 6 month point and it was all mostly sorted then, then was a cockup when my payment didnt arrive in my bank as expected so I phoned up and it arrived 3 days later.

 

I didnt have to re-apply or anything, I was automatically elligible, being single and having no savings.

 

Andy

 

That's good to hear puts my mind at rest. When was this done this year? Rules change all the time. What sort of group meeting was it? Glad your on IB JSA lots of benefits you get dentist, free £2k education courses, prescription medicine, glasses, books etc

 

Kind of. ESA© doesn't expire (exhaust) the way JSA© does. If you're entitled to the contributory benefit when you claim, you'll continue to be entitled to it as long as you meet the generic conditions for ESA - there is no six month limit.

 

If you need to claim means-tested ESA, then the rules about income and capital are broadly the same as JSA.

 

All the people on DLA are now classified as contribution based ESA and means tested ESA?

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All the people on DLA are now classified as contribution based ESA and means tested ESA?

 

I'm not sure I understand the question. DLA and ESA are paid for different purposes. It is perfectly possible to be in receipt of both.

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

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Hi Guys,

 

Anyone been on contribution based JSA for 6 months and then went onto income based allowance? Girl at the job centre said you need to apply whats the chances of you getting it? And will it be more or less than what you currently get? Is there the back to work scheme after 6 months on contribution based allowance?

 

Thanks.

 

 

I have. Moved over to Income based about July. It was very straightforward although I seem to remember taking in up to date bank statements. I didn't have to do any group meetings or back to work schemes but that might be because there aren't any places in my area. I did start temping just after though so that might be why.

 

I'm single, also claiming HB and CT.

 

Jan

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  • 1 month later...

According to one of the advisers there unless there misleading me you have to reapply for your job seekers allowance rather than switching over told me to inquire nearer to the time in March.

 

Not looking forward to this at all. I mean I feel I may not get it as they will come out with some absurd reason.

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Hi,

 

I am wondering if it is a good idea to start the application process of JSA before being terminated from employment, which is expected? Won't the job centre question why I applied on a certain date before termination if it did happen? Usually they want a exceptional reason why you didn't apply right after you get terminated?

 

Thx.

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They would class this as a claim in advance which is not allowed for JSA claims.

What you are supposed to do is claim from the day following your termination of employment or as soon after as is possible.

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Hi,

 

I am wondering if you would be entitled to a disability element on JSA CB/IB if you have been effected by a non physical injury whilst on duty which has a long term effect and your contracted has ended due to this and in getting other type of work in your sector than what you have done in the past basically meaning harder to gain employment outwith your regular field? Is their any allowances for that? This is backed up by a doctors line.

 

Thanks.

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As far as I am aware from my old processing days, only a claim to DLA or another benefit such as Indutrial Injuries Disablement Benefit would attract a disability premium for JSA or if you had a partner who was receiving or had an underlying entitlement to these benefits or long term incapacity benefit or ESA.

Thanks Nystafmite has just posted the link from Direct Gov and I forgot about the part of being regitered as blind sorry.

Edited by flumps1976
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Direct Gov says:

 

If you are aged under 60, you may be able to get this premium if any of the following applies:

you receive Disability Living Allowance

you receive Incapacity Benefit - long term rate

you receive Severe Disablement Allowance

you are provided with an invalid vehicle

you receive payments through the invalid vehicle scheme, or war pensioners vehicle scheme

the mobility component of your Disability Living Allowance is being paid directly to Motability Operations

you are registered blind

your partner is receiving any of the above

your partner is receiving Attendance Allowance

You may also get the disability premium if you're incapable of employment (or receiving Statutory Sick Pay) for at least 364 days. Or 196 days if you're terminally ill. Periods of incapacity separated by 56 days or less can be linked together when calculating the qualifying period.

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Hi,

 

I am unsure which one to apply for as my 28 week SSP is coming to an end. I am about to be terminated due to illness, which prevents me from doing my current role, but I am able to work in other types of work but not what my profession is used to?

 

Thanks.

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if you can do any work for at least 16 hours a week, it's JSA. If you can't do any work, it's ESA.

 

What happens if a person falls between the gap here, the 1 to 15 hours a week? This is the area that always confuses me. The last couple of ESA Tribunals I had, the DWP submissions all gave the impression that ESA is for people who cannot work at all. If that was the case, surely we wouldn't have the WRAG?

Rae.

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  • 2 weeks later...

The payroll department should be able to produce them for you.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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They will need to be recent ones. Does her wage not get paid into the bank? If it does I would take your bank statement to show the amounts being paid in. When is your meeting and when is her boss back? Is there no-one else in the company that could even write a letter confirming her hours worked and her wage?

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