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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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Council tax discounts and Incapacity Benefit


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Guest forgottenone

Prompted by my reading some other posts in here. Just wondering. It's been mentioned to me before. If someone is on IB, are you entitled to receive more than just the 25% single occupancy discount? I've mentioned it before to my council as, whilst not sure, something niggles me that I should be entitled to some more discounts. And at least one person has recently told me to get it further checked out ie re assessed. Trouble is, like I said, their call centre staff tell me I am not entitled to.

 

Unclear on all this, trying to keep my head more focused on things, not lost it shall we say on other debt worries. Just wondered if anyone here could confirm it for me?

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IB you are generally entitled to 100% discount on council tax, just as with

 

JSA

IS

IB

DLA

 

Each council has a benefits section who deal with it, you need to send them a copy of your award letter or proof of which benefit you claim, if the council says your not entitled to claim 100% discount, then contact CAB or the DWP.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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100% Agree with Michael Browne's post.

 

If your claiming the 25% single person discount, you can't claim the 100% discount benefit related discounted, as that would mean you claim 125% and the council tax account placed in credit and the council owing you money :p

 

So the council is semi-correct in saying your not entitled to any other discount, as your not, you are only entitled to one discount, and you claim the highest discount.

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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You would only be entitled to a 25% Single Person discount. You may also be entitled to claim Council Tax Benefit which would pay something towards the remaining 75%. The amount of help you would get towards the remaining 75% would depend on your circumstances.

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Hi, I've just come off Incapacity Benefit and yes you are entitled to more than the 25% single person discount. A lot more. Not 100% though. I've returned back to work and have a list of todo's! and have never doged a bill in my life and the council tax people have turned up on my door today and told my I have to go to their office and be tape recorded as I have not notified them early enough that I have returned to work. They told me not to speak! (in my own home) as they now had to do it all formally. I felt like a criminal. I prob owe them £50. They intimidated me. I told them I had just returned from being off 2.5yrs with ulcerative colitis/depression and this is now worrying me and seriously setting me back. They shrugged their shoulders and left. I have been crying all day but will snap out of it and find the strength to continue. I do not commit fraud. Have worked in my company for 25yrs and never done anything wrong ever. If I was delib. frauding someone Id do it for more than that amount, ie I would never do it. Sorry for rambling but you need to know the system or you get nothing. You ARE entitled to much more off. I wouldnt be much less off if I stayed on inc. benefit which my doctor wanted me to do but I went back to work through choice yet there are others who WILL be defrauding successfully.

Always the honest one's who dont get the correct benefits and get all the hassles. Anyway keep pushing for your reduction. Can't you get a Personal Advisor in the Jobcentre plus. Mine is brilliant.

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Hi, I've just come off Incapacity Benefit and yes you are entitled to more than the 25% single person discount. A lot more. Not 100% though.

 

Your not entitled to more than 25% Council Tax Discount that you would get a single occupier.

 

You may get Council Tax Benefit paid towards the remaining 75% Council Tax due but Council Tax Benefit and Council Tax discounts are two separate things all together.

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Hi if you are responding to me I am aware that they are 2 different things. If you are a single person you get 25% discount, however if you are on Incapacity Benefit as I was (then while you are incapacitated) you should be entitled to Council Tax Benefit. I'm only speaking from experience as I got it while I was off.

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Hello i am new here!! I also have some concerns with my mums council tax. Myself and my husband and children live with my mum,(i am her fulltime carer..unpaid ). It is her house .Basically we are paying for her arrears on her council tax. We sent forms off to say mum was on benefits.They never replied or said she was entitled to any reductions.The bailiffs came3 months ago and got my husband to aree and sign to say we have to pay £100 pounds amonth for the arrears. Her bill was for £800 approx and they added a load of charges on top of that rounding it up to £1,220!! My mum has been on DLA for over 18mths now and 5 months ago was awarded higher rate as her health is real bad (she had an assessment for this). So my question is ,,,is there anything we can do about this? i.e is she entitled to any reduction?How wouldwegoabout this? Can we get the present situation changed/squashed so to speak...I dunno but always felt that it wasnt fair the amount she is charged. And another thing when we pay the £100 a month it has to be paid to these bailiffs account on a certain day 28th of each month to be precise if its not they can collect all the items that my husband had to sign for on their home visit....(can they do that?). Any ways hope some one can help as I have not a clue about any of this type of problem.

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