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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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

Information to provide when asking benefit questions


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Hi, and welcome to the CAG Benefit Forum. Here's a brief guide to the sorts of information posters here will be looking for to help give you prompt and accurate answers to any questions you may have. You may not know, or be unsure about, some of the things listed. That's OK, but the more information you can give the better. Not every question will be relevant to everyone, of course - this is just a general guide. Take care to post nothing that will allow you to be identified in the "real world".

Which benefit are you claiming?

 

For example, Jobseekers Allowance, Employment and Support Allowance, Child Tax Credits etc. If you're unsure, please let us know the basic reason why you're claiming: are you out of work, sick, looking after someone full time etc.

 

If you know whether your benefit is contributory or income based please tell us, as the rules for each type can be very different.

 

If you're not currently claiming a benefit but are enquiring about what might be available in your circumstances, many of the questions listed here will still be relevant. Please also see the questions in the section below.

 

If your query relates to non-receipt of a payment you expected, when did you expect the payment?

 

If you have contacted the DWP or other paying agency regarding this, what explanation (if any) did they give?

 

 

If your benefit has stopped because of an adverse outcome decision, have you requested a reconsideration or appeal?

 

Examples of adverse outcome decisions:

 

  • You are claiming ESA because you are sick. The DWP has determined that you are fit for work.
  • You are claiming JSA because you are looking for work. The Jobcentre has decided that you are not doing enough to find work.
  • You make a claim for a Personal Independence Payment because you have a disability that means you need extra assistance in getting around. The DWP has rejected your claim for benefit because it says your needs do not qualify; or the DWP has made you an award at a lower rate but you believe you should qualify for a higher one.

Where do you live?

 

We don't need your street address or hometown or anything like that. At the very least, please tell us whether you are in England, Wales, Scotland or Northern Ireland, as there are some small differences in the way benefits are processed. This is especially relevant if you are in Northern Ireland. If your question relates to Housing Benefit or Council Tax Benefit, it might be helpful if you felt able to say which council area you live in, but if you'd rather not, we fully understand.

 

If you currently live outside the UK and are enquiring about benefits available to non-residents or to returning expats, please let us know.

 

If you are not a UK citizen, please tell us your status.

 

For example, are you a citizen of another EU country? Do you have Indefinite Leave to Remain? Or some other immigration status?

 

Do you have a partner?

 

This means someone (of the same or opposite sex) to whom you are married, or with whom you live as if you were married. If you do have a partner, does he or she work or have any other source of income?

 

If you are worried about a fraud or compliance matter, have you been asked to attend an Interview Under Caution (IUC)?

 

If this is the case you will have been informed in writing, and the letter should clearly state that it relates to an IUC.

 

Finally, please tell us any steps you've already taken to resolve the problem: phone calls, letters you've written and so on. This will help make sure we don't advise you to do things you've already done.

 

-------------

 

If you are enquiring about what benefits may be available, here are some additional questions:

 

How old are you?

Do you currently work? If so, how many hours per week?

Have you worked and paid National Insurance Contributions (sometimes called "stamp") in the last few years?

Do you own the place you live? If you rent, do you rent from the council, a housing association, or a private landlord? Is your landlord a close relative?

Are you fit for work and looking for work?

Are you unable to work because of illness or disability?

Do you have savings over £6000? Over £16,000?

Do you have any disabilities?

Do you have any children? If so, how old are they? Are you a lone parent?

Do you care for anyone for more than 35 hours per week? Does anyone care for you for more than 35 hours per week?

 

Again, if you're unable or unwilling to answer all of these questions, that's fine. Just tell us as much as you can.

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

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Dear all,

 

If anyone has any suggestions for changes or additions to this post, please feel free to post them here. I'll leave the thread open for posts for a few days, then I'll remove any discussion posts and lock it down to keep things neat.

 

The idea here is to cover the information that is, if you like, "most omitted" from OPs.

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

 

 

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

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You could add a link to the benefits advisor..

 

There could be questions about the severely mentally impaired payment . (Not all Local authorities advertise this form). Or the enhanced disabled payment.

 

Then you have the winter warm payments from the utility suppliers, currently £145 per year if in receipt of certain benefits. To name but a few. Finally do you rent off of a close relative...

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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Thanks guys! I've added questions about savings and being closely related to the landlord.

 

I haven't covered severe mental impairment or the winter warm payments. I'm trying to keep the post as a basic guide to the "follow up" questions that people most often have to ask when answering a new OP. Things like those would probably fit better in a "Benefits FAQ" type thread. Every so often I think about trying to write one of those, but so far I haven't managed to come up with anything that isn't approaching "War and Peace" length. :-)

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

 

 

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

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Please

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

 

Thanks

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