Jump to content


  • Tweets

  • Posts

    • 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...  
  • 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

Been told I do not qualify for anything


brent100
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5379 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

Any help here would be greatly appreciated.

 

Just lost my job as shop closed down.

worked 20 hrs per week @ 5.73 p/h = £114

 

Husband earns same amount so we now only earn £114

 

Been to claim Job seekers allowance and told I do not qualify as I have not paid enough NI contributions over last 2 years ("we're not interested in anything before 2 years ago")

 

Also....looking to start a college course in September. I am 39 years old and have paid NI contributions since I was 16 excpet for 6 months (13 years ago) when our second daughter was born and 6 months (17 years ago) when our first daughter was born).

Husband has paid NI contributions for 22 years non stop.

 

Can anyone advise if the "nice lady" at the JSA centre was incorrect and are there any financial incentives for mature college students?

 

Thank you in advance.

Link to post
Share on other sites

Can you not claim tax credits, If your children are only 16 and 13 if you go onto the web site called 'entitled to' put your details in you dont have to put your postcode in. It is a fab site and will tell you exactly what you are entitled to. Good luck

Link to post
Share on other sites

I'm afraid she is correct. You have to have paid enough class 1 NI contributions as an individual in the past two tax years. So for this year, that would be the tax years 07/08 and 08/09. What you have previously paid or what your partner has paid is not taken into account.

 

I assume you are already claiming Tax Credits. If so, you will need to advise them of your change in circumstances if you haven't already, so they can update your award.

Edited by ErikaPNP

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

Its 50 x the lower earnings limit for each year. The lower earnings limit is the amount of earnings that you start paying national insurance. I think that for this year it is about £95 a week. (prob not as much for earlier years so you will have to do a bit of digging)

 

So if it was this year (09/10) you will have to find out the amount of national insurance payable for the £95 (ish) earnings and then times it by 50.

 

The years you need to look at are 08/09 and 07/08

Link to post
Share on other sites

Thats kind of what I thought.

I have earned roughly £114 per week for the last 2 years and have paid NI contributions on this amount for 52 weeks of each year so based on this I should qualify?

 

....or am I missing something?

Link to post
Share on other sites

There are two main contribution conditions:

 

The first is that you must have paid class 1 National Insurance contributions with an earnings factor of at least 25 times the lower earnings level in one of the two relevant contribution years.

 

Earnings factor of at least 25 times the lower earnings level means that, for example, in the year 07/08 you must have paid 25 x £87 = £2175.00. Or in the tax year 08/09 it would be 25 x £90 = £2250.00

 

The second contribution condition is that in each of the relevant contribution years you must have either paid or been credited with Class 1 contributions with an earnings factor of at least 50 times the lower earnings limit for that year.

 

It's also worth noting that Occupational Pension can interfere with entitlement to contribution based JSA. A lot of people think that because it's not means tested, Occupational Pension is disregarded. It's not.

 

You should be able to see what NI you have paid on your P60's for the last two tax years. (Remember it is the two tax years prior to the year of the date of claim for JSA - so you would be looking at 07/08 abnd 08/09)

 

As an aside, have they offered you the option of signing on JSA to get your stamp paid?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

There are two main contribution conditions:

Remember it is the two tax years prior to the year of the date of claim for JSA - so you would be looking at 07/08 abnd 08/09

 

Just to clear this up, it will be the two full tax years ending in the year before the calendar year that the claim is made. So claims made in 2009 will use the two relevant income tax years 2006/07 and 2007/08.

 

The usual reason for failing the JSA contributions conditions when it looks as if you should be receiving it are is that the employer has not posted the contributions record. This is where the P60s would come into play.

 

Contact the benefit processing office and ask them what your contribution record shows and then explain that you have information which contradicts this. They will usually book you an appointment to provide the information at the jobcentre.

Link to post
Share on other sites

The same has just happened for me for ESA, seemingly I hadnt paid enough NI for 06/07, I was working and my ex-employer hadnt filed returns before the company went bust.

 

Contact the HMRC on 0845 915 5996 to clarify what years you are short. If you have your P60 then send it to the following -

 

HM Revenue & Customs

National Insurance Contributions Office

Benton Park View

Newcastle upon Tyne

NE98 1ZZ

 

And mark the envelope Benefit Involved.

 

You should still be able to sign on, even if you dont get anything as that will keep your NI credits up to date.

Link to post
Share on other sites

Just a slight diversion from the OP.

 

I've been turned down for both ESA and JSA. I'm long term disabled (had a broken leg near the ankle and it's reset wrong). My partner is working 30 hours a week, so no income based benefits. I'm waiting for a claim for DLA.

 

I cannot see the point in travelling a hour by bus to sign on, then a hour back (spending money I haven't got and I'm in constant pain when I walk) just to get NI contributions. Or am I missing the point?

Link to post
Share on other sites

So.....getting a bit confused but for sake of clarity can anyone confirm the folllowing?

Am I entitled to JSA based on the fact that I have....

 

.....paid class 1 NI contributions for 07-08 & 08-09 on 20 hours @ minimum wage.

 

I am getting conflicting opinions....some agree with the benefits office and others say I am entitled. Is there not a hard & fast rule?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...