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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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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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NHS dental treatment charges - penalty charge


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Hi guys,

 

I used to be a lodger at someone’s house and he handed me a letter yesterday (100817) in my name dated 1 May 2017 titled NHS dental treatment charges - penalty charge. I went for a check up at a dentist on 4 March and they are claiming that I ticked the box for HC2 exemption for free NHS treatment (unsure – just wanted it over with as I was in agony at the time with toothache)

 

It lists the payment as

 

£53.90 treatment charge

£100 penalty charge

 

It also states on the back that if you are included in an award for Universal Credit (UC) and you had no earnings for the last complete assessment period of £435 or less then the NHS will cover the cost

 

I have just ring UC and they told me my claim was closed on 170717. I have asked them to send me this as a letter (again landlord’s address) and they told me they would in 2nd class post. However I have no idea about the amount of earnings in the assessment period. Can someone clarify that if I did earn over £435 then I would be liable?

 

I am wondering whether I should get involved with this at all. The person I lived with is extremely unreliable and for all I know this penalty may have increased or I have received further letters in my name there. I no longer require dental treatment and have moved on from this now. Please advise whether I should contact them? I do not want to dodge the system but I have moved away from the city and even getting mail from him is difficult now

 

Thanks

LP

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I have moved away from the city and even getting mail from him is difficult now

 

Sorry, I can't answer your main question, but just one thought, why don't you set up a Mail Redirection with Royal Mail so that if there is further action taken to recover this you won't have to rely on your unreliable friend forwarding your post?

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Not sure why you are saying they are 'claiming' you claimed exemption under a HC2 certificate, because its a simple process to check whether or not you did, all you have to do is ask them for a copy of the form you ticked and signed, also in terms of the fine it would not matter if you were exempt because of UC they issue fines based on what you claim exemption for at the time of treatment, they don't investigate to see if you are exempt for any other reason, its not their job to do that.

 

Looking at this link http://www.nhs.uk/NHSEngland/Healthcosts/Pages/universal-credit.aspx#entitlement you should have shown a copy of your award letter at the time of treatment to claim under UC if you didn't have an award letter covering the time you had treatment then you would not be exempt under UC, so as it stands the fine is valid.

 

 

I am not sure if the NHSBSA can trace you at your new address if that's what's worrying you I suspect its would be a case of the fine lying dormant until you need to claim again but by then it could have gone up so it may be in your best interest to contact them to sort it out

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I am not sure if the NHSBSA can trace you at your new address if that's what's worrying you I suspect its would be a case of the fine lying dormant until you need to claim again but by then it could have gone up so it may be in your best interest to contact them to sort it out

 

But if NHSBA enforcement includes them going to small claims court if you ignore them and the court papers don't get passed on OP could end up with a CCJ.

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