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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By dx100uk · Posted

      a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Getting DLA now - what else can i claim?

dx100uk

By dx100uk
in Benefits and HMRC

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dx100uk

dx100uk

Posted
Posted

i have a special needs daughter that was statemented all through her schooling and college life.

she is now approaching 21yrs old this xmas

 

after no financial help whatsoever [nothing for 20yrs!] eventually last year i managed to get DLA [on the unattended travel bit] for her.

 

does this open up any other doors?

she is not, nor has, ever been in work.

not signing nor nothing.

 

thoughts please [rent? ctax? relief?]

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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loan_ranger

loan_ranger

Posted
Posted

ESA perhaps but her's would have to be the "Income Based" type.

Employment and Support Allowance : Directgov - Disabled people

 

Re. CTB and HB/LHA it depends on if she lives with you or not.

 

There are some on-line benefits calculators available and an ESA form for those who want to see what's involved, see below.

(permalink)

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Zara33

Zara33

Posted
Posted
i have a special needs daughter that was statemented all through her schooling and college life.

she is now approaching 21yrs old this xmas

 

after no financial help whatsoever [nothing for 20yrs!] eventually last year i managed to get DLA [on the unattended travel bit] for her.

 

does this open up any other doors?

she is not, nor has, ever been in work.

not signing nor nothing.

 

thoughts please [rent? ctax? relief?]

 

DX

Can you clarify what rate of DLA?

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antone

antone

Posted
Posted
ESA perhaps but her's would have to be the "Income Based" type.

Employment and Support Allowance : Directgov - Disabled people

 

Re. CTB and HB/LHA it depends on if she lives with you or not.

 

There are some on-line benefits calculators available and an ESA form for those who want to see what's involved, see below.

(permalink)

 

It does sound like it's worth applying for ESA, but it may not have to be income-related. ESA Youth, or ESA(Y) could be available to a person who has, effectively, never had the chance to make the required NI contributions because their disability has prevented them from working for a significant part of their adult lives.

 

I should make it clear to the OP - ESA does not depend on an award of DLA. Plenty of recipients of ESA don't get any rate of DLA at all. But if ESA were to be awarded, an award of DLA at the middle or higher rate care component may increase the amount of ESA due.

 

ESA is paid to people who have limited capability for work (or no capability at all) because of an illness or disability. It sounds like it is certainly worth your daughter making an application.

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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Bookworm

Bookworm

Posted
Posted

As asked above, what rates is she getting for both elements of DLA?

 

Does she live with you or independently, or in assisted accommodation?

 

If with you, do you/your partner work FT or does someone care for daughter for more than 35 hrs a week?

 

As yu can see there are a lot of variations, but some of the possibilities for her or her carers are:

 

Housing and/or council tax benefit: a disability premium can be substantial for a rebate. We paid council tax for years without realising that we were entitled to 100% rebate due to disabled child. We're homeowners so don't get HB, but that can also reduce rent liability if tenant.

 

Carer's Allowance if the carer cares for the disabled person for more than 35 hours a week and earns less than a certain amount (about £90/week). CA is only about £55 a week, but every little bit helps. It is however a taxable benefit and so can affect other benefits.

 

More info on which rates she's getting will help in determining what other benefits may be available.

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loan_ranger

loan_ranger

Posted
Posted
My G'Daughter has Aspergers and gets free bus travel for herself [and any carer over the age of 16 who travels with her]
Good point middenmess, I think all LA's have similar free bus travel schemes, round my way DLA middle or high rate means you are eligible.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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dx100uk

dx100uk

Posted
  • Author
Posted

ok great info you lot.

 

i'll dig out the paperwork tomorrow.

 

just to muddy the waters somewhat.......

 

i am living down south on my own, in rented council house, the family are all in scotland at the mortgaged family owed business, i sadly failed to secure early retirement due to the financial climate and still work ft. my daughter is not with me.

 

she is not disabled in the physical nor mental state, just suffered her first 3yrs not being able to hear, so is about 5-7yrs behind her expected educational expectations.

 

keep the ideas and info coming.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dragonkeeper

dragonkeeper

Posted
Posted (edited)

My deaf son (from birth) receives SDA topped up with IS. Also DLA top rate care and top rate mobility (cannot travel independantly) not just deaf other conditions aswell.

Do not no if SDA is going to same way as IB.

 

:)

 

 

dk

Edited by dragonkeeper
inserted no
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