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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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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.

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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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failed esa assessment,


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im a 60 year old male ,

went to sign on today,

a couple of weeks after being moved from esa to jsa,

 

straight away i am being sent to a place called workroutes tomorrow, for a consultation, even though i need a walking stick as i can not stand for more than ten minutes,

 

my adviser says they will get me moving forward, as im creating barriers,

 

any one know what this workroutes entails.:-x

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arrived today for the interview,

the interviewer looked around 20 years old.

 

there was 6 or 7 people round a table mainly teenagers, all on jsa.

 

the course lasts for 12 months,

cv writing interview skills bla bla bla,

 

been there done it numerous times in the past,

 

got to go again next week to find out more.

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no was told there is no point appealing

 

my friend is 62 and as had three strokes and is now blind in one eye. and he failed his assessment,and failed on his appeal.

 

my jsa adviser even told me she has had to deal with lots of failed esa clients, who were a lot worse health wise than me, she said you would have to be at deaths door before getting esa,

]

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Each case is on its own merits. The idea of the Work Capability Assessment as you know, is to assess whether someone is incapable of any type of work.

 

If you search around online many of the charities that deal with these issues, have information on their websites about the assessments, how to appeal etc. They detail the descriptors ( evidence to support limited capability for work) that DWP want to see, when they consider that someone is unfit for work.

 

In regard to the organisation that is helping you with worksearch tailored to suit your health etc, ask whether there is a choice of provider in your area.

 

If you would prefer more 1-1 support there might be other options.

 

For example in many areas organisations that help with health issues e.g NHS mental health providers have employment assistance support teams. Charities/not for profit organisations that support older people and/or disabled.

 

You don't have to use the one DWP organise, you can find your own organisation to assist you and then you have better 1-1 support, without these group sessions.

We could do with some help from you.

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Ive had enough of work, im tired and exhausted and have lots of health issues, and worked most of my life in warehouses , now im shot,

just want to retire. but got six more years left.

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I was told that when anyone puts in a request for a mandatory reconsideration the decision makers are instructed to uphold the original result BUT you need to go through this insulting rubbish before being allowed to appeal.

 

It is only at appeal will your evidence even be looked at!

You will then have a chance to put your case face to face to an independent panel.

I have done this now twice with success.

I put together a file of evidence.

 

All my doctors, hospital notes, appointment details etc along with personal letters from friends to support my case.

I took with me a second file just in case the original had been 'misplaced'.

 

I am glad that I did because 50% of the file was missing!

I was then able to pass over my file to the panel so they had all my evidence for them to consider.

 

From the moment you send the letter to say that you want to appeal the decision, you will then be put onto a lower rate of ESA until your appeal has taken place.

 

Please consider jumping through the hoops that they put in our way to get the result you need, the result you paid your NI for, and are entitled to!

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no was told theirs no point appealing my friend is 62 and as had three strokes and is now blind in one eye. and he failed his assessment,and failed on his appeal.

my jsa adviser even told me she has had to deal with lots of failed esa clients,who were a lot worse health wise than me,she said you would have to be at deaths door before getting esa,

 

This makes me so angry, you don't have to be at deaths door to get ESA.

 

 

I was put in the Support Group last year after my assessment.

 

 

I wish these advisers would stop misleading claimants, GRRRR..... :mad2:

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Some of those advisors don't know what they are talking about I get esa with no problems and I'm not at deaths door,you should do the MR you might be one of the lucky ones that wins if you don't you can go to tribunal some people wait nearly a year for tribunal and in that time you will be paid esa assessment rate and wouldn't need to go to the job centre or workroutes.

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now im confused i have had no sleep in weeks due to nasal polyps blocking my nose, and i can not see a specialist at my hospital until April. then i will have to wait to have another operation to remove the polyps could take months. ,ive had ten opps over the years and they just keep coming back, i am constantly trying to blow my nose but its blocked solid and the polyps are hanging out of my nose. could i go back on sick until after the operation.on my nose, who the hell would want to set me on in my state.

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