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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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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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Will i go to jail for benefit fraud


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im being pulled in as someone has reported me for letting my ex husband stay at my address

 

for a recent period of 7 weeks i let my ex husband stay with me while i was in hospital and the few weeks i was getting better. i will admit to this as i had no choice he had to stay in my home as i have children with him that need looking after. but what im worried about is that they think im living with him in a relationship which is soo untrue and when hes stayed here he has bunked up in my childrens room and theres no eotional or pysical relationship its purley for help with the children as one of the children is disabled and needs help that i cannot manage with. over the years he has shared homes with friends he no longer has contant with or sleeping with parents / sleeping rought and a 6 month flat tenancy i cannot prove he hasnt been with me will thay asumme he has lived with me all the years? i dont know what to do

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Hello there. I don't know how much money is involved, but prison is not common for benefit fraud.

 

If you have time, please read around the forum. This crops up all the time and if you read how other people have had the same problem and come through it, you should feel better and have some idea how to deal with this. In some cases, telling the truth is all it takes.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Welcome to the site.

From what you say you have some very good mitigating circumstances.

They will undoubtedly be looking at the information they have been given,and are likely to go into this with a fairly good idea.

Just be open and co-operate.

There is a big difference between those who deliberately commit benefit fraud and those who have broken some rules because their circumstances were a factor.

You should not lose sleep or worry about the possibility of Prison-this is something that is only given in extreme cases or repeat offenders where there are large amounts involved.

You do not appear to come over as someone who was out to deliberately defraud.

The fact that you came here to ask for advice demonstrates that you have concerns.

No one can say exactly that penalties will be imposed,but that answering questions honestly,and being able to satisfy them of what you tell here,it will certainly help with any action they may feel is needed.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If you can prove he doesn't live with you then that will help alot. If he can get statements from the people he has stayed with and a copy of the tenancy agreement he had then that's enough to prove he wasn't living with you at those times. Also if he writes a statement confirming he isn't living with you and giving the addresses of the places he was staying will help x

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i asked him has he used my address and he said yes he has used my address he never changed his bank details because it was apprently more secure but i never had any statements come here so i never knew . things he has used it for are contract phone i was totally un aware of this and job appliacations ;-( .. i have alway known that debt letters for his old debt from back when were were married have come here but i alway just chucked them away as he wasnt here i have phoned the companys few times to say he moved on but they continue to send them so i just chucked them away

 

i cannot get any statements from people he was living with as they have all moved on now ;-( no mail to prove he was living there nothin ;-(over the years i have let him bunk up here with the kids when hes been desperate as ive felt sorry for him and hes the father of my kids but i dont know what i can do to prove we were not living as a married couple as from anyone looking on the outside it would look like we were at times but behind closed doors we deffo was no married couple its all a show for the kids i thought i was doing right my kids trying to keep him close to them now im going to be penaliseed ;-(

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