Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • 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
  • Recommended Topics

ESA question, advice needed


Helz85
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2189 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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.

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

Link to post
Share on other sites

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.

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...