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    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
    • This is simply a scam site.  It's been shown to be a scam in the national press and on national TV. Please fill in the the forum sticky and upload the invoice you've received. In fact what you have is an invoice, not a fine, a private company doesn't have the power to issue fines.  
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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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How to… make an appeal against Bedroom Tax


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Valuation Office Agency – Rent Officers Handbook

 

(Note: This is used throughout the UK not just England and Wales)

 

Rent officers Handbook – ROOMS

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/Other/Procedures/r-roh-rooms.html

 

Rent Officers Handbook – SIZE CRITERIA

http://www.voa.gov.uk/corporate/publications/Manuals/RentOfficerHandbook/HousingBenefitReferral/Determination/s-roh-size-criteria.html

Court of Appeal Decision England and Wales – Burnip vs Birmingham City Council

http://www.bailii.org/ew/cases/EWCA/Civ/2012/629.html

 

Public Sector Equality Duty

Government

https://www.gov.uk/equality-act-2010-guidance#public-sector-equality-duty

 

http://odi.dwp.gov.uk/disabled-people-and-legislation/disability-equality-duty-and-impact-assessments.php

 

Equality and Human Rights Commission

http://www.equalityhumanrights.com/news/2013/january/commission-publishes-guidance-on-the-public-sector-equality-duty/

Equality Act 2010

 

http://www.legislation.gov.uk/ukpga/2010/15/contents

 

https://www.gov.uk/equality-act-2010-guidance

 

The United Nations Convention on the Rights of Persons with Disabilities

 

http://odi.dwp.gov.uk/disabled-people-and-legislation/un-convention-on-the-rights-of-disabled-people.php

 

European Convention on Human Rights –Specifically Article 8 and Article 14

(Note –You need to download the booklet containing the Articles is in PDF Format)

 

http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Convention+on+Human+Rights/

 

Department for Work and Pensions

(Note –The following Link contains sources for, HB/CTB Guidance Manual, HB/CTBOverpayments Guide, Debt Management Offices by Postcode, Discretionary HousingPayments, ESA Operational Guide, Local Housing Allowance Guidance Manual).

 

http://www.dwp.gov.uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/

 

Inside Housing – Knowsley HousingTrust Reclassifies Properties Article

 

http://www.insidehousing.co.uk/tenancies/tenants-avoid-bedroom-tax-after-knowsley-reclassifies-homes/6525752.article

 

National Housing Federation Article –Bedroom Tax Some Home Truths

http://www.housing.org.uk/media/news/bedroom_tax_home_truths.aspx

 

National Housing Federation (NHF) –Bedroom Tax New Impact Assessment

 

http://www.housing.org.uk/policy/welfare_reform/welfare_reform_news/bedroom_tax_-_new_impact_asses.aspx

 

Scottish Federation of Housing Associations – What are the latest updates for March 2013 Article

 

http://www.sfha.co.uk/sfha/welfare-reform-latest-updates/what-are-the-latest-updates-for-march-2013/menu-id-326.html

 

Govan Law Centre Bedroom Tax Blog

 

http://govanlc.blogspot.co.uk/

 

 

 

Liberty – Promotes Human Rights Article on seeking a Judicial Review on Bedroom Tax

http://www.liberty-human-rights.org.uk/media/press/2013/liberty-bedroom-tax-breaches-right-to-family-life.php

 

Shelter

 

England Only

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/housing_benefit_changes_2013

 

Scotland Only

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/housing_and_council_tax_benefit/changes_to_housing_benefit_for_council_and_housing_association_tenants

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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  • 1 year later...

Bedroom Tax has been a hot topic of late, with many social renters struggling to cope with the charge. There might be a chink of light in all the gloom though, as a tribunal in Middlesbrough has decided a child of parents who are living apart is entitled to have their own bedroom in each of their parents’ homes, and that Bedroom Tax shouldn’t apply.

 

While the local authority felt that a single man, in a two-bed semi, was under-occupying his home, Judge Moss disagreed and said that his child was entitled to his own room “and consequently no deduction applies”, adding: “It’s now a normal part of society that children split their time between their parents.”

 

So how do you appeal the Bedroom Tax?

Well, if you think you have a genuine reason why you need a spare room, firstly, you need to see if you have a case. Coast & Country, say that some of the reasons you might convince a tribunal are:

 

- You need an extra bedroom due to overnight needs of a child with disabilities

- The need for separate bedrooms owing to adult disabilities

- Need for bedroom for student who is studying away from the home

- ‘Exceptional use’

- The room is too small to constitute a bedroom

- It is used as a bedroom

- Child access

- 12 month protection on death (joint tenant)

- 12 month protection on death (where a further change reduces the number of rooms needed)

 

One thing to do, is to look at some previous decisions (which you can do here). If you see that a previous case was rejected that is similar to your situation, remember that your circumstances could well be different, so it is still worth pursuing. Cases that involve children or people with disabilities certainly have a stronger chance of success.

 

You should absolutely write an appeal letter – you need to write to your Housing Benefits section and ask them to appeal your claim. Whether you’re looking after a disabled partner or child, a parent has passed away, you have a child studying away from home, your room is too small, or whatever it is, there’s some great template letters you can use to appeal.

 

To see some examples of template letters to appeal Bedroom Tax, click here. HousingSystems also have a load of good advice about housing benefit problem, and you can check them out, here.

http://www.bitterwallet.com/how-to-make-an-appeal-against-bedroom-tax/85552

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Also here is a useful toolkit to help you along to get you started please follow this link >>https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/challenging-a-bedroom-tax-decision

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

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  • 7 months later...

mikeymack2002 has found this interesting item.

 

Neutral Citation Number: [2015] EWHC 890 (Admin)

 

https://tinyurl.com/z2nc5vq

It is an important ruling and shows incorrect assessment of DLA by a Local Authority (LA) and the dreaded 'Bedroom Tax'.

Case No: CO/16824/2013

 

 

This might be very useful.. Any comments will be welcome on the discussion thread linked below..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459020-Incorrect-assessment-of-DLA-by-a-Local-Authority-and-the-dreaded-Bedroom-Tax-quot&p=4851545#post4851545

Edited by citizenB

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