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    • Hi 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? 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    Have you had a response?  n/a 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'  
    • 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.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Incapacity Benefit appeal pending but no payments while waiting?


jigsawpieces
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Thanks for looking at this as so frustrating. Basically on incapacity benefit but after another medical been told that i dont have enought points. I have appealed and have been awaiting for a tribunal date. This has been going on for over six months. What happened that shocked me was that they did not reduce the level of payment they just stopped paying all together. As i assumed the tribunal would not take long although worried i was able to live of the back payment which was a large sum after winning a previous tribunal. (I have won two tribunals) However now that money is gone and i have relied on friends and family to help me with food and bills. I have not wanted to sign on at the jobcentre but now looks i will be forced too although not sure how this will affect my appeal. All the stress has exsparated my condition and have spent nearly every day and sleepless nights worrying about. Is it legal for them to cut all payment to me while waiting for an appeal? Is there anyway i can fight for them to pay me the reduced rate until appeal decision? This is my last chance as in my area it is impossible to get any advice from CAB as they are closed you have to wait months for an appointment.If anyone has been in the same position and have any helpful advice it would be most appreciated. It looks like i will have to attend my tribunal alone with no professional help which is intimidating enough. In the intervening months twice they have said we will look at your case again and then said you will still have to appeal as we agree with the decision. Thanks for reading.

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Hi Jigsawpieces

 

Sorry to hear of your struggle

are you a single person

 

If so you can claim Income Support while your appeal is being heard,

JSA but of course as you are appealing you are not really fit for work,

or ESA

you do not have to go with out benefit.

 

If you have a partner does she work ?

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Thanks for replying. I am single and live alone. I wonder if i can backdate the payment til the time they stopped paying me as i have been using the money i had saved knowing that i would be put through this stress over again. Certainly learn how to be frugal with everything although i'm months behind on some of my bills. I suppose i have been put off with all that bureacracy of going to the social who ask questions i cannot answer as they wont really be resolved until the appeal has gone ahead. Ive had six letters off the housing since december. They are still paying but keep asking me what is happening as if i am in charge of the slow response from the social security department. They have squeezed the last drop of patience out of me. I darent go down there in person to speak to anyone as i think i will really lose my rag. ( I know not a good idea) I have sent them infomation and got reciepts and then two weeks later they ask for the information again.

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

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Thanks no i dont have any of the three listed. No savings the only money i had was the back pay from winning last appeal. I will try income support as i have no choice. I am still recieving Housing Benefit as it seems they cant cut me completely. Will that affect the forms i need to fill in? Thanks for being helpful i wont be able to get the other ESA as my doctor and i dont see eye to eye at all and ive been looking for a new surgery as he told me if i dont like it i can go elsewhere.

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Jigsawpiecies

now you have decided :)

dont forget when you ring the helpline ask for backdating,

what date did you fail your PCA?

well you need to ask for backdating to the day after,

if you dont ask your claim will go from the day you phone up, and you will have to put the request in writing at a later date,

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You need to apply for one of the benefits as soon as possible. :)

JSA i know you cant get backdated, I.S you can.

With Income Support you will be paid at what they call appeal rate rate, at the moment its £51.45. If you make a claim to I.S then ask for backdating to the day after you failed your PCA.

 

Few questions

Do you have DLA? .

Do you have a pension ?

Do you have saving over 16K?

all three could effect your claim

 

You Can claim ESA and ask for back dating up to three months, but you would need a backdated medical certificate off your doctor to cover this period

 

Jobcentre Plus - Making a new or repeat claim

 

 

If you get awarded any of these then you should get housing benefit.

If you win your appeal you can go back on I.B

appeals can take months longest I Have seen is eighteen months but I dont think that is a record :)

 

You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

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You can get JSA backdated but you would need a good reason on why you didn't contact the JCP sooner to make the claim. It would then go to a decision maker.

 

 

You are very much right Nick. Backdating of JSA is possible for 3 months but only in exceptional circumstances. Jigsaw you can either go for appeal rate IS or make a new claim for ESA (depends if you have sick note).

:-|Impossible is I'M Possible:lol:

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Well problem with GP then jigsaw can try seeing other GP in the surgery or speak to PALS.

:-|Impossible is I'M Possible:lol:

If you think the advice given is useful then show your appreciation by clicking on the scales.

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Thanks everybody. Went down there today after recieving another letter from Housing Office. Sorted them out and was able to pick up an income support form which is the route i will take and try to get money backdated. I know that it will take them weeks to sort out but its better than being in limbo struggling to put money in the electric meter.

 

I will be looking for new doctor/practice but will do one thing at a time. It does actually take a long time to find.

 

Thanks for the help i will let you know how it progresses. I used my friends computer and have bookmarked this website on her computer as she is having lots of hassle too after recovering from hospital surgery. Im sure that she will get good advice on here.

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