Jump to content


  • Tweets

  • Posts

    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
  • 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

Benefit Cheats


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4990 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

I couldn't help myself from adding to this thread, which has gone off the rails few time.

I wrote a paper few months ago about benefit fraud. I wanted to tell you that the figures which quoted as "lost to fraud" do not tell the whole story.

In 2003-04 DWP spent some £109 billion on a wide range of benefits, employment programmes and the associated administration costs. It estimates that around £3 billion of this expenditure may have been lost from benefit payments because of fraud and error, the same estimate as reported in 2002-03 and 2001-02 . However the figures also show that official error results in almost as much benefit being overpaid as claimant fraud.

It is therefore important to distinguish the losses suffered by DWP due to error and those which are caused by fraud. This is because, in my opinion and in light of this distinction, the headlines reporting 3billion loss are skewed and sensationalist.

Dean and Melrose (1995) who produced a paper “Manageable discord” found that the predominant reason for fiddling was economic necessity, inadequacy of benefit payments, lack of belief in the system and lack of opportunities. The principal preliminary findings were that those claimants that fiddled were not especially “streetwise”.

 

The research conducted in 2004 by Spark Research for DWP discovered that fraud investigators commonly accepted admission of an overpayment as admission of intent and that the claimants are being offered a caution under threat of being prosecuted if they do not accept it. This can lead to convictions for fraud in situations where claimant couldn’t have reasonably been expected to know that they are doing something wrong!

 

Poverty and financial need are often cited as the main reason for people claim fraudulently. CPAG’s Ten Steps to a Society Free of Child Poverty states that “safety net benefits are worth around £192 per week for a couple with children (…)- £80 less then the poverty line (£272). For a lone parent (…) the safety net is worth £160, some £29 less then the poverty line of £189”

 

Finally, there are vulnerable claimants, who are often illiterate, confused, unable to cope with complexity of the application forms, change of circumstances requirements and renewal forms. They very often are claiming many correlated benefits, like disability or sickness benefits, together with Income Support and passported benefits. They may have a care or prison background and very limited language skills. As the DWP does not see itself as having responsibility for ensuring that such people know what benefits are available, the question is - who is?

 

Not being able to understand what is going on with their claim, very often does not prevent claimants from being convicted of fraud. It doesn’t help that this particular group of claimants would find it very difficult to challenge an overpayment/eligibility decision; therefore they are the soft target, the easy statistics.

 

“Recent organisational change and the plan to shed a quarter of its workforce, possibly lowering morale and increasing turnover among the staff whose skills are most needed to combat fraud and error, will not make the Department’s job any easier.” These are comments made by Mr Edward Leigh MP, Chairman of the Committee of Public Accounts and contain, in my opinion, the other then fraud reason behind the large-scale losses suffered by DWP- an error made by the decision maker.

 

Common sense tells us that dissatisfied, disillusioned staff are bound to make mistakes. It is widely known in a welfare advice sector, that plenty of overpayment appeals are won for clients on grounds of an official error.

It is difficult to establish how much money exactly is lost through an official error, how much of it is recovered and how much is not recoverable. Additionally, we will never know, how much would not have been recovered if the claimant was able to appeal the original decision, instead of agreeing meekly with the overpayment decision. Mr Leigh talks about high level of error by staff making benefit payments costing the department estimated £1.5 billion a year.

An example of the scale of losses due to an error as opposite to fraud was made by Kate Nash, Chief Executive of RADAR who said: “In reality, fraud among people claiming Incapacity Benefit accounts for less than 2% of the Department for Work and Pension’s total expenditure on benefits. Fraud accounts for no more than £20m, with over £90m being wasted through errors that are not the fault of claimants.

 

So, a massive 3 billion pounds leaks out of the DWP’s benefits budget. Most of this loss is preventable and at least half of it has nothing to do with “benefit cheats”. It would however be a political suicide for the department to admit it. The “scroungers” are a much more convenient headline.

 

And finally setmefree: how would you recognise between those "named and shamed" in your local paper which one of these people were elderly confused chaps who did not know that they have to report a minuscule private pension? An illiterate 16 year old single mother who was never able to get an advice because she was embarrassed that she cannot read? What about a very sick person who had to cope with fantastically complex application forms on his own because the government cut the funding for advice sector to the bone?

 

All these people, thanks to the way "fraud" procedures are set out, would be technically fraudsters. There is hundred of thousands of them. Your poor local paper would go out of business if they had to print even 1% of these names.

 

I am not angry at your question. I just sought to clarify few things for those who are ignorant.

  • Haha 1

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

  • Replies 618
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...