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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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      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.  

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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.
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      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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Jobseekers allowance and decision makers


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I was targeted by DWP staff after the Christmas holiday period for not having made enough effort over this period to look for work.

1. HR departments would have been on holiday so would not have been able to respond to my enquiries even if there were any jobs being advertised.

2. There were no jobs advertised in this period.

3. I did apply after the main Christmas week for jobs abroad as they were the only ones advertised.

4. My Personal advisor (DWP) queried my applying overseas. I explained I needed to fulfil the Jobseekers agreement. She then took a long time to scrutinise my logbook/ diary, went to a colleague to discuss my logbook, returned & claimed I had not made enough effort to look for work.

5. This was compounded by fact that I was not required to sign on 4 weeks over Xmas & New Year so could not be advised there might be a problem

6. To date the Decision makers have had my case for over TWO weeks and have not yet made a decision nor asked for any further information.

7. If they do find against me I will of course appeal but this should never have gone to decisions makers in the first place.

8. It is the fault of my Personal advisor, she did not have to refer this given the time of year and I do believe it is malicious.

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I was targeted by DWP staff after the Christmas holiday period for not having made enough effort over this period to look for work.

1. HR departments would have been on holiday so would not have been able to respond to my enquiries even if there were any jobs being advertised.

2. There were no jobs advertised in this period.

3. I did apply after the main Christmas week for jobs abroad as they were the only ones advertised.

4. My Personal advisor (DWP) queried my applying overseas. I explained I needed to fulfil the Jobseekers agreement. She then took a long time to scrutinise my logbook/ diary, went to a colleague to discuss my logbook, returned & claimed I had not made enough effort to look for work.

5. This was compounded by fact that I was not required to sign on 4 weeks over Xmas & New Year so could not be advised there might be a problem

6. To date the Decision makers have had my case for over TWO weeks and have not yet made a decision nor asked for any further information.

7. If they do find against me I will of course appeal but this should never have gone to decisions makers in the first place.

8. It is the fault of my Personal advisor, she did not have to refer this given the time of year and I do believe it is malicious.

I suggest that, when you receive an Official Letter from the Decision Makers, that you appeal as you suggest. However, there are a number of jobs portals available (ignoring the banal and malignant Universal Job Match) which, once you have registered, and upload a CV, can apply for jobs 24-7, 365 days a year except when the website is down.

 

It is possible that the JCP Clerk did not refer your case to a Decision Maker, or raise a Sanction Doubt.... some staff offer misinformation to candidates (such as suggesting that it is mandatory to sign up to Universal Job Match when it is not) simply to introduce a "State of Fear" amongst candidates.

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Hi benTen,

 

it was a problem we all faced over Xmas - hitting your job application targets. Most people probably did - especially if they had Internet access.

 

We all know that if you don't hit the agreed number of weekly job applications they will sanction you - so you made yourself a target I'm afraid - they won't let that go by without taking action.

 

Appeal by all means, and good luck.

 

PS - the misinformation around the 'universal job match site' is prevalent - I was told I had to register and I had to give access to my job advisor - both of which are untrue - but I did it to keep them from sanctioning me.

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Reply to Rebecca :She has referred it to the Decision makers as I got the letter stating this had been done and my benefit has been suspended for the period in question. Two weeks later I'm still waiting.My current benefit for last two weeks should have gone in today and I was told I had met the requirements. You are correct about the Universal Job Match site. They automatically include this in the Job Seekers agreement as if it is mandatory which it isn't & they dont like it when you inform them that you know it isn't and that they shouldn't be lying to claimants. I know I shouldn't provoke them but it still isn't right and they need to be stopped from this kind of behaviour. Wouldn't it be nice if they actually did their job and helped jobseekers find a suitable job. Thanks for your input.

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Reply to Lorraine: Yes I perhaps should have forseen this but did not believe they could be so stupid and petty. If i'm still unemployed next Xmas I will apply for something even on Xmas day!!! Still waiting to hear from the Decision makers ( now over two weeks) in meantime have not been paid benefit for those 2 weeks. I should have received this fortnights benefit (sorry JSA) TODAY as Im sure it should be paid in to the P.O. card account 2 days after signing and I was told that I had met the requirements this time so it should be there. Wonder if its not there tomorrow whether I can sue for breach of contract. (Any solicitors out there reading this let me know). Thanks for your input.

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Hi benTEN,

 

I hope you get your money. Breach of contract id an interesting notion - I'd love to see the face of a job advisor if you ran that past them. But you'd be on a hiding to nothing.... and more sanctions.

 

When I signed on again (after many years) I was wholly bemused by the system that is in place, especially the 30 minutes plus interview I get every time I sign on - a waste of time which always concludes with a depressing "let's have a look at the dir.gov.jobs website anyway" - and so another five minutes plodding through the worst jobsite on the web looking at jobs I had already viewed earlier in the week.

 

Hopefully you'll get the money you are due.

 

Signing on - what an eyeopener!

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