Jump to content


  • Tweets

  • Posts

    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Benefit Fraud - Moral Dilemma


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2554 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I've got an issue I need advice on please.

 

My brother has lived with his girlfriend and their daughter for five years. I was talking to her the other day when her dad came round with a DWP letter for her. She cheerfully explained she claims benefits as a single parent living with her mum and has been all the time she has been living with my brother! She says she does really well from this and even gets free healthcare.

I tried to discuss it with my brother, who seemed to be oblivious to what was happening.

So now my dilemma, do I

  • Report her to the DWP, I hate benefit fraud but this feels underhand plus it could affect my neice.
  • Ignore it, again this doesn't seem right.
  • Tell her I'm going to report her, this could cause family problems as she has a dreadful temper.
  • Write to her anonymously saying I'm going to report her but then dont.

Any thoughts?

Cheers

Dex

Link to post
Share on other sites

In this situation, i think you should just collect information about the consequences of such benefit fraud and provide it to your brother. It is then up to your brother to discuss this with his girlfriend. Advise him that you are worried by this, but won't report it, as you are concerned by the consequences e.g prosecution.

 

It is not worth starting a family argument that could last the rest of your life. Even if you made an annonymous report to DWP, it would be difficult for it not to be guessed that it was you that made the report.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Well I can see that you are in a very difficult position.

 

Regardless of what you think about benefit fraud, presumably you care something about your sister and when they find out – and they probably will – she will get into huge trouble which will affect her, your brother, the daughter, and everyone else in the family who will have to deal with her and the problems it has caused.

 

Clearly it's been going on a long time and so that makes it more difficult to deal with.

 

Maybe there is a halfway solution. I think that a good thing to start doing would be to start getting newspaper stories of people who have been caught for benefit fraud and show them to your "sister-in-law" so that she can understand the seriousness and the penalties and the impacts that this will have on people's lives. You might even explain to her that if she was put in prison she would end up being separated from her daughter which presumably she would find extremely distressful and of course which would impact upon her daughter's emotional stability.

I think that you should also be talking to your brother and explain to him how he is implicated in it and could himself be subject to quite serious trouble. Maybe he would start to understand the danger that he was in for his future. I'm sure neither of them would like to have a criminal record and they certainly wouldn't want their daughter to be growing up knowing that her parents had been convicted for quite serious crimes and maybe had custodial sentences for the very least suspended sentences. Have either of them got any previous convictions?

This would be the number one priority in my view.

 

Secondly, maybe you could start to work out a way with your sister where she could come clean but try to represent it as some kind of honest mistake based on stress and not understand the system.

 

 

If you could bring her into this mindset, then maybe she would be prepared to go and see the DWP authorities and to explain to them what has been happening and say that she wants to put it right. She might find it easier to do and they might be more sympathetic.

 

At the end, of course, I suppose that she would be required to pay back the money that she has had. But maybe the other consequences would be much less severe.

Link to post
Share on other sites

In this situation, i think you should just collect information about the consequences of such benefit fraud and provide it to your brother. …

 

Hmmm. great minds ....!

Link to post
Share on other sites

what would be her income stream without it?

does your brother work?

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... 

Link to post
Share on other sites

Hi,

My brother works full time and she works part time.

 

I have done some research,

there are a lot of high profile benefit fraud cases at the moment

I have printed off some information.

 

To be honest I feel Mariner51 is probably right,

I don't see her coming clean voluntarily and I can't see the conversation going well!

 

She doesn't even hide the fact they are together,

always posting on Facebook about their holidays and pictures of them together at home.

I'll let you know how I get on.

Cheers

Dex

Link to post
Share on other sites

Hey,

 

I don't know if I could throw my two cents in?

 

I would say that your sister-in-law seems to be doing a good enough job of digging her own grave with the DWP.

 

Tip offs are their primary tool but the DWP can and do investigate benefits claimants on their own initiative.

 

Regular Facebook posts can help them determine her domestic situation.

 

Furthermore, if you brother is living there, I am sure he is registered at her address e.g. receives bank statements there, correspondence from HMRC, potentially named on the gas/electric bill, on the electoral register from that address......

 

So there is every chance that the DWP can determine her living circumstances on their own!

 

I think taking the moral high ground will definitely cause an argument!

 

If I were you, I would just show her any cases of benefit fraud you can find being reported in the media.

  • Haha 1
Link to post
Share on other sites

Question to ask yourself is what do you gain by getting involved ? I am sure we all see possible moral issues on a regular basis, but if we reported them all, it would cause a lot of grief and stress that you can avoid. I would not hesitate to report someone drunk getting into a car to drive it, as the consequences might be horrific. But there are other illegal actions, that i would have to think about. This one is where you point out the consequences of actions and it is up to the brothers girlfriend to amend their benefits before they are found out.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I agree with other posters who say to consider what you're wishing for if you report your SiL.

 

In my experience, it's not hard to fall out with family members over something far less serious than reporting someone for benefit fraud, sadly. From reading various fraud report threads here, some of the first people that claimants suspect are family.

 

It depends what you want from this.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

You both make good points. I guess I was taken aback by what they were doing and also concerned about the consequences of them getting caught.

 

I thought if I say something and she does eventually get investigated she would then assume it was me who'd reported her which would cause huge family issues.

 

However I've spoken to her and shown her the articles I've found. Unfortunately all she took from it was not to post stuff on Facebook!! She then said "it's no problem, everyone is doing it"

 

I'll step back now and hopefully they'll come to their senses.

 

Cheers

Dex

Link to post
Share on other sites

Not to be nosey but it would probably be helpful if you kept the group notified of how the situation progresses.

 

Only because future people in your dilemma could simply be referred to this thread as opposed to members having to address the points you raise, from scratch.

Link to post
Share on other sites

If you want to show them what can happen due to the possible fraud have a look in the bailiff section in the yellow part at the top.

 

There is a Scoop link follow it and read up on it all. Or see here 》》 http://www.scoop.it/t/lacef-news

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

I remember a very similar post about this subject a while back, looks like it's doing the rounds yet again.

I had a good look through the site before I posted asking for advice.

To be honest I wish I had never found out, it's made me see people I care about in a different light.

Cheers

Dex

Link to post
Share on other sites

Go at it another way. Get them to work out how much they would get in tax credits etc if she declared him. Might make her realise.:

Good idea, I'll try and talk to my brother as he might not realise the scale of it as the letters go to her parents.

Cheers

Dex

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...