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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. And, I also continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • 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! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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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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In August I got a letter from a debt agency asking for council tax relating to a previous property that I left almost 6 years ago.

I followed it up and got in touch with the Council and found out that it council tax that they believe I owe from 2001-2003 . Now I left my property in August 2004. I did inform the local council of this but at that time I didnt know where I would be living .

The council say that they found the error after I left and still sent the letters to my old address.

 

But from October 2001 to 2008 I was either on Incapacity Benefit or Jobseekers Benefit. They know I was claiming but didnt get there admin right at the time as when you go from one benefit to another you have to reapply for Council tax benefit . And this I think I did. Please bear in mind I was suffering with a bad case of Depression and alot of things are sketchy But I know I have not been working for the period that they are asking for and therefore entitled to Council Tax Benefit.

 

I have gained proof that I was on Incapacity benefit but I am unable to get proof of Job seekers as 3 years ago they computer system was changed at the DWP and none of the data was transferred . They re asking for 1500 pounds . what Can I do ?

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Can you get a letter from the inland revenue which would show your tax situation between 2001 and 2008? I guess that could be a start in proving to the council that you were not earning but I doubt it would be enough by itself. It may be enough to delay them before thay take anymore steps in recovering the back dated council tax.

 

As for the DWP data not being transferred 3 years ago, did your local jobcentre tell you that or did you get confirmation from a head office?

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They coudn't tell you if you hadn't given them a new address, so did what the law say and served the papers on the last known address.

 

Find out if they have a liability order against you because if they have then the debt will 'never' go away.

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When was the LO obtained? Is there more than 1 LO? Write to the Council and ask for a SAR - usual cost £10 but many Councils do them for free - if they ask specifically which info you require then answer "all".

 

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As for owing Council tax , I was living on my own and unemployed getting either Incapacity benefit or Jobseekers Allowance and therefore entitled to Council tax benefit > I know I applied for it and got it. It seems that they are unwilling to look into it although I have proof of Incapacity benefit but not Jobseekers as the DWP dont hold records that far back. And according to the council I had 3 months in which to appeal from the date they say they sent the letters. They say they sent the letters in the beginning of August 2004., I sold the property in August 2004 and left there on the bank holiday weekend . I do not recall any letters from the council.

 

Its safe to say that 6 years later I have not documents .

 

Now I am still unemployed renting in a furnished flat. what is the most they can do.

Why cant they see that I was entitled to the Council tax benefit and although there must have been an error on their part as to why this benefit was not applied to the account.and now added retrospectively

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They can't see it because they only see what 'they' want to see and if there is money on the end then they are totally blind. and uncaring.

 

Were your jobseekers cheques cashed at the Post Office or a Bank. If a bank then they would probably still have records, not sure about the Post Office.

 

I think I would do as ploddertom says and send the council a Subject Access Request and enclose a £10 payment. Not only will it be extra work for them but they are obliged to send you everything they have on you and copies of all the paperwork as well, and they only have a limited time in which to do it.

 

As for common sense - it's the council your talking about.

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As you think that an error in your benefits has caused this debt then it's probably a good idea to contact the benefits dept. The council tax dept could probably only tell you the dates your CTB was stopped/suspended whereas benefits should be able to give you more info, including why. The council tax dept don't deal with, or have any control over what benefit you are awarded, which is why they can't just add it on.

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