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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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.
    • 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
    • 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. 😅
    • 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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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I've won DLA Tribunal what happens with payments now?


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Hi I originally applied for DLA for my son in Aug 09, I was turned down and appealed had Tribunal on 30/09/2011 and won :-D we were awarded middle rate car and lower mobility, I was just wondering if anyone can help me work out how much back pay I would receive? x I phoned them today and got nowhere. My mum won an appeal 3 years ago and DLA dragged their feet in working out her backpay etc I eventually lost my rag and demanded it was sorted and they did. I think this is going the same was as they said they haven't received anything from the tibunal yet :-x I was just wondering also if I phone them and ask to be put through to the section dealing with it which section do I ask for? Many Thanks in advance x x x

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Not sure if it is o any help but I won my ESA tribunal on 09/09/2011 and I have since been waiting like you for news. I phoned them and was told it is going through the process off a decision maker to work out my group, backpay and how much I am entitled to...hang in there And they will do it. If you don't mind me asking but did you call them before and complain about the process? And if you did did it hurry the process? I don't feel like me calling is doing anything

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Thank goodness :) Will it really be 2 years backpay? When I worked it out it was a lot of money!!! Also I receive tax credits (working and child) I informed them as I was told they would go up, will this also be backdated from the original claim?

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They messed my mum about for weeks saying they hadn't received tribunal papers when they were faxed to them, I phoned and demanded someone who knew what they were talking about as I was getting frustrated they put me through to a lovely lady who had it sorted withing 2 days :) Tool about a week after that for her to receive her backpay

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Well I phone on Friday and they still haven't received the papers from the tribunal then I was told that if the descision maked disagrees with the outcome it will be disallowed :-x I told her she was wrong it was only if there was a discrepancy or a legal issue and she said no I was misinformed and she was right!!! I phoned the benefits helpline nearly in tears where he confirmed I was in fact .................. right :razz:

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It can take up to 6 weeks for the backpay to be issued. You can't get 'put through' to a section anymore, because the enquiry lines are now on a virtual call centre system and calls cannot be transferred to the Benefit Centre. What you can do though, is ask for a call back from the DLA appeals section. If there is an issue with them getting the tribunal notification, will they accept you faxing across your notification?

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

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