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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.

      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA and Carers Allowance


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I am on ESA for anxiety (GAD), depression and ocd and

 

last January won my appeal with the tribunal and was put into the WRAG group.

 

I have been attending for the past year and not missed an appointment.

 

Recently I have become my Mums full time carer and am in receipt of carers allowance

and a carers premium on my ESA.

 

I volunteer for a charity shop 2 afternoons a week on days when my sister

is not in work so she can sit with my Mum, just something so I can have a break.

 

I have recently got a new adviser at A4E and only met her once last month at my latest appointment.

 

She booked me on a CV writing class which was last week.

 

I called up to rearrange as from the Monday to the Friday

I didn't leave the house once as Mum was poorly so I needed to be there.

 

Today I got a letter to say she has rearranged the appointment for next Friday morning.

 

I told her last appointment when I met her my old adviser never booked me appointments on Fridays

as she knows it's the afternoon I work and apart from being incredibly anxious everytime I go to work

I cannot get anyone to sit with my Mum Friday morning and she said she won't book me in on Fridays for anything.

 

I am the only person who cares for Mum, my sister is the only other family we have and she works 4 jobs!

 

When I have notice of usually a month we can juggle something but this time I can't

as she is working till 12pm on the Friday and my appointment to do the CV class is 9.30am!

 

I am going to worry myself sick now for the next week as I have my next wri on the 28th

then the CV writing class 31st 9.30.

 

So worried as no one to sit with my Mum but if I don't go to the CV class I will be sanctioned.

 

Just feel under so much pressure when I am trying to do everything possible to every appointment.

 

I am so closed to being £120 worse off by going on income support

just to stop this added pressure even though I will be in massive debt if I did.

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I am on ESA for anxiety (GAD), depression and ocd and last January won my appeal with the tribunal and was put into the WRAG group. I have been attending for the past year and not missed an appointment. Recently I have become my Mums full time carer and am in receipt of carers allowance and a carers premium on my ESA.

 

So you are on the Work Programme as an ESA(IR) claimant - At the time of entry, you would have been a mandatory participant subject to the sanction regimes and other nastyness.

 

As you now have full time carer responsibilities (more on this in a sec), you move to one of the voluntary groups as listed in Annex A of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264161/wp-pg-chapter-2.pdf - What you must do is to write to the DWP and inform them of a "change of circumstances". This need be no more than a simple:

I am now a full time carer for Mrs Anxious with all the attendant responsibilities. I kindly suggest that you inform A4e as a matter of urgency that I am now in one of the voluntary payment groups as per your provider guidance.
Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts. Are you registered with the local Adult Social Services department ?

If not, I'd recommend doing so as soon as possible.

 

As for the immediate problem of the CV writing course on Friday, you don't have much time. Write (either email or 1st class post) to your adviser (if using email, CC the branch manager) and state that due to care responsibilities, you are unable to attend and the session should be rebooked for another day (also point out that they are well aware of other commitments on that day, and ignoring them demonstrates a degree of negligence on their part) - If they say "yes", you should avoid a sanction, but that is not guaranteed... Or ask that they provide replacement care for your mum (the answer would be 'No'). One last question, does the appointment letter for this "course" conform to the example set out in Annex 4 of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264163/wp-pg-chapter-3a-22-october-2012.pdf ?

 

If the appointment was verbal, via email, or text, then it is not mandatory - Appointments must be made in writing and the letter either handed to you or posted "in good time".

Edited by Mr.P

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Now, the DWP will probably ask what level of care you are providing - Simply keeping an eye on an elderly and frail relative does not count. If your mum requires assistance in preparing meals, getting dressed, bathing, and other personal matters, it all counts.

 

By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

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By awarding CA the DWP has already accepted that missanxious is providing 35+ hours per week of care for her Mum. JCP staff should be able to verify the CA award if necessary.

 

Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

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Point taken regarding the CA award. The JCP/DWP should have also notified A4e that missanxious is now in a voluntary payment group and therefore not subject to the threat of sanctions. In her shoes, I would still be writing to the DWP urging them to notify the provider of the change.

 

Agreed. They should have notified A4e, but odds are they haven't.

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Thank you so much for your replies and help, I appreciate it.

 

I just assumed because the DWP had adjusted my payments with a carers premium as I am now getting carers allowance the Jobcentre would know this? And because nothing has changed with A4E I assumed nothing would or could? I mentioned at my last appointment I am a carer for my Mum but didn't mention I was getting carers allowance. Should I mention it at my next appointment on Tuesday as I have been getting carers allowance for a few months now. Other than when I called the DWP ESA department to let them know so they could adjust my money I haven't told anyone else as assumed everyone to do with my benefits like Jobcentre and A4E would be informed?

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Follow Mr P's advice. While it's reasonable to expect that the DWP departments responsible will talk to each other and A4e, in practice it doesn't happen. However, now that you are a carer, you are no longer a mandatory participant in the Work Programme.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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Oh and do I write to DWP in Preston as that's one I deal with or my local Jobcentre please? Thank you again for your help

 

It's your local Jobcentre that deals with Work Programme issues, generally.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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You may need to find out if the local JCP office has a Work Programme liaison officer that normally handles this kind of thing. Failing that, go for the Third Party Provisions manager.

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