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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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      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.

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Disablity Benefit for child


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Hi!

 

Wonder if someone can help.

My sister has two kids, one who has arthritis she was in a wheelchair but now can just about walk on crutches but not very far.

 

She is applying for disablity benefit but how much is this normally?

 

I have tried to look it up but cant see it anywhere!

 

Many Thanks

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The thing to remember when she fills in the form is to make sure she describes the worst case scenario.

 

Questions like: How long to walk to the shops? If the answer is sometimes 10 mns, sometimes 1/2 hr, write 1/2 hour. Q: How often does carer need to get up to help during the night? A: Sometimes once, sometimes 5, write 5. Etc, etc...

 

Remember they're not interested in how well the child is doing, but whether her needs are significantly different from a "normal" child of the same age. Our natural instinct as parents is to minimise the issue, but believe me, it is doing the chid no favour in the long run as it a) risks being awarded a lesser amount, which ends up being counterproductive to the child's welfare, b) will make things harder for child to claim on their own when they're older.

 

The DLA forms are highly distressing to fill in and very repetitive. Don't forget that your sister may also be entitled to claim Carer's Allowance, but the entitlement is not automatic on award of DLA, she will have to apply for it separately. My advice is to apply for it and send ot off at the same time as the DLA, they will turn her down until she gets decision from DLA, but then it will get backdated if she gets DLA, whereas they won't if she leaves it until she gets her award.

 

Don't forget to notify Tax Credits as well once DLA is awarded, as there is a disability element to TC that can be quite substantial, and also you may then qualify for Housing Benefit/Council Tax Benefit, see you local council website for info.

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I asked that question actually - as she has got tax credits, will she not get the full correct amt if her daughter hasnt been "offically" recognised as disabled?

 

I also mentioned carers allowance, but she is claiming income support and wasnt sure if she could get both, isnt it one or the other?

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Thanks bookworm, is disabled element of TC a lot of just a few quid? Trying to sort out sis finances as she has so many things she needs to pay for and so many things she needs to buy! She has had a crisis loan previously and now is applying for budgeting loan but I dont think she will get what she needs. (her ex ruined everything she owned! including kids beds! so now she has moved ... with nothing)

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Try going to her local council welfare rights officer who can see what she might be entitled to and help with application forms for DLA.

 

They are so good, I'm beginning to think "go and see your local council welfare rights officer" will be on my gravestone, I say it so much!

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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