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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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.
      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.
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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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ESA question, advice needed


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Hi everyone;

I have a question regarding esa. My partner is currently claiming this but as we have a family and I’m unemployed a the moment it is a family element however any letters we get are only ever addressed to him etc.

I’m currently trying to look for work and have a few interviews coming up but I don’t have a proof of my national insurance, I’ve called hmrc and they are sending me a print out of my NI number - will that be enough to show them? I have nothing else which has it printed on.

Also I don’t have a p45 so I know I’d have to get one sent from the job centre when I inform them if I get a job - but would they write this in my name since the claim was in my partners?

I have all other relevant documentation required such as my passport, utility bills etc.

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Hi everyone;

I have a question regarding esa. My partner is currently claiming this but as we have a family and I’m unemployed a the moment it is a family element however any letters we get are only ever addressed to him etc.

I’m currently trying to look for work and have a few interviews coming up but I don’t have a proof of my national insurance, I’ve called hmrc and they are sending me a print out of my NI number - will that be enough to show them? I have nothing else which has it printed on.

Also I don’t have a p45 so I know I’d have to get one sent from the job centre when I inform them if I get a job - but would they write this in my name since the claim was in my partners?

I have all other relevant documentation required such as my passport, utility bills etc.

 

If you were employed at one time, then if your employer still exists, then they can provide a copy of a P45 ?

 

You don't normally need to prove an NI number to a new employer. You provide identity documents such as passport, birth certificate, photo driving licence, Bank cards/statement, utility bill, council tax bill. In the absence of a P45, your new employer normally just asks you for some very basic info including your NI number. Your companies payroll then just work with HMRC via electronic means and they can produce wage slips with the correct tax/NI. Sometimes if there is an issue you can be put on emergency tax rate, but that can normally be resolved.

 

If you are not claiming job seekers allowance, but come under your partners ESA claim, I wonder whether ESA is paying your NI stamps for you. Presumably when you were added, they checked records showing you were living with your partner. Your partner could phone ESA to check what to do when you get a job and need to be removed from the claim. Perhaps they can explain the NI issue in regard to yourself and what document they issue when you are removed from the ESA claim.

We could do with some help from you.

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I don’t have a p45. Would I be right in thinking I’d have to fill in a starter checklist?

 

So you have never worked for an employer and have never claimed a benefit in your name where DWP would issue a P45 ? If you claim benefits and your claim comes to an end, DWP issue a P45.

 

It is all electronic data these days anyway, so yes any new employers would run through a check list.

We could do with some help from you.

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So you have never worked for an employer and have never claimed a benefit in your name where DWP would issue a P45 ? If you claim benefits and your claim comes to an end, DWP issue a P45.

 

It is all electronic data these days anyway, so yes any new employers would run through a check list.

 

I did claim income support some years ago when I first became a parent but I don’t remember getting a p45 from them. It was then switched to my partners esa claim

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I did claim income support some years ago when I first became a parent but I don’t remember getting a p45 from them. It was then switched to my partners esa claim

 

IS is different. With JSA, ESA and Universal Credit which are means tested income type benefits that pay you NI stamps for the period benefit is paid, when the benefit comes to an end, they issue a P45. The benefit they pay in a tax year counts towards your taxable income for the year. Hence why yout partner should contact ESA to ask about this.

We could do with some help from you.

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I see. I’ve checked my hmrc account and can see I’ve had ni stamps paid for myself as I was on his claim. It was just the p45 issue that was a worry as it wasn’t my actual name claiming so don’t know how they’ll go about it when I inform them if I get one of the jobs I’ve applied for. Hopefully it’s straight forward and they can issue it in my name. I just didn’t want to complicate anything when I had an interview and put off a potential employer.

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I see. I’ve checked my hmrc account and can see I’ve had ni stamps paid for myself as I was on his claim. It was just the p45 issue that was a worry as it wasn’t my actual name claiming so don’t know how they’ll go about it when I inform them if I get one of the jobs I’ve applied for. Hopefully it’s straight forward and they can issue it in my name. I just didn’t want to complicate anything when I had an interview and put off a potential employer.

 

It is not relevant to a new employer whether you were on benefits and who is issuing the P45 . If you are receiving an income related benefit, then DWP will issue a P45 when you get taken off the ESA claim and you supply it to the employers when you get it. Before you are employed, the employer has to check your identity and make sure you are eligible to work in the UK. That just requires the identity documents mentioned.

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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