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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.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • 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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    • 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.

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Incapacity Benefit: DWP appealing the tribunal's decision?


ee-bee
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Hello ee-bee

 

The Tribunal Service will be sending me a copy of what DWP has sent to them but not heard anything yet. My task for next week is to see if I can get a Welfare Rights Officer to represent me. I have stopped thinking about the post each day as I have come to the conclusion that if it goes to the Upper Tier Tribunal it could take a long time to sort out and life is too precious to put on hold.

 

Chances are everything will be fine for you. You're nearly there.

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good news,good news,dwp are not appealing against the decision,still keeping my fingers crossed for everyone else going through this appeals process,any one what i do now,do i just sign off jsa?

 

Great news. Have you had your original benefit reinstated, or received notification of when it will be reinstated?

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)

 

 

 

 

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thankyou,thankyou,thanyou,to everyone,a bit confused though,my rep phoned on my behalf yesterday only to be told the award had actually been issued on the 7th nov,a couple of days after they had received the sor,no one bothered to notify me though,just after he phoned to tell me the good news,some one from income section phoned me and said they have no problem releasing backpay but i have to start a new claim,being unsure of this i phoned my rep back(god he must be so fed up of me)and he said no i dont,so i`v left it with him to sort out,i`m really concerned that if i have to start a new claim the whole procedure will start again,why is nothing ever straight forward.i`m so grateful for my rep,

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Ee-Bee

You do have to make a new claim to I.S. Well you would at my local office

Its easy and straight forward. You need to phone the contact centre make your I.S claim, then close your JSA and your I.S will begin.

 

You will be paid all arrears due to you, you can do a quick calculation to make sure you are getting the correct amout

If you are due the DP, thats disability premium, you get this if you have been on IB at least a year, and you havent been paid it because you are on DLA and already received it with your JSA

 

Then You should count the weeks you have been on JSA and times it by £27.50 that should be roughly the amount you are due when your claim to I.S starts up.

Edited by MIKEY DABODEE
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Hi Ee-bee

 

Congrats On This

 

Have Not Gone Over Your Thread But Can You Tell Me

 

Is This To Do With Having Your Dla Withdrawn Due To The Findings Of The Dla Medical Assesment, And Was That Assesment Done By A Company Called

 

 

atos Health Care Or

Atos Origin

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Hello ee-bee,

 

Been to see a Welfare Rights Officer today. Mr TeddyBear knows him and says he is very experienced. He has seen the SOR and evidence and says he cannot understand why DWP are appealing. He has appeared before what were Commissioners in the past and has agreed to represent me at Upper Tier Tribunal level if needed so I feel better for that.

 

All the best from MelissaTeddyBear

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Hello ee-bee,

 

Been to see a Welfare Rights Officer today. Mr TeddyBear knows him and says he is very experienced. He has seen the SOR and evidence and says he cannot understand why DWP are appealing. He has appeared before what were Commissioners in the past and has agreed to represent me at Upper Tier Tribunal level if needed so I feel better for that.

 

All the best from MelissaTeddyBear

good, i`m glad you`ve got that sorted,hopefully this will not take as long as the last appeal

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Hi Ee-bee

 

Congrats On This

 

Have Not Gone Over Your Thread But Can You Tell Me

 

Is This To Do With Having Your Dla Withdrawn Due To The Findings Of The Dla Medical Assesment, And Was That Assesment Done By A Company Called

 

 

atos Health Care Or

Atos Origin

hi, its a pca failed medical,was atos but no idea which one,where would i find that out

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congrats eebee....i have been offline due to my puter not working, i am in the local library now catching up on email....still waiting for my hearing date.

thankyou,tis very good news and i hope you have a successful appeal and i hope melissa teadybear gets hers sorted soon,i`v spent a bit more time trawling the internet this last week and i`m amazed at how may people are unhappy about the way these medicals are conducted,i think sooner or later something will have to be done about them

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Hello ee-bee,

 

Found out that the Judge who allowed my appeal was a fee based judge not a full-time judge so now the DWP have appealed the case is being looked at by a District Judge who is kind of a bit higher up. Still waiting to see if he accepts the DWP appeal. Even if he does not DWP can still appeal directly to the Upper Tier Tribunal.

 

When I saw the Welfare Rights person he said that if it goes to the Upper Tier it could be about a year before it is sorted out.

 

Anyway I hope that your money is sorted out now and that you have a great Christmas and 2010 is an improvement on 2009.

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i`m a bit lost where judges are concerned ,i thought they were all appointed by the same person? my money isnt sorted out yet and i can see myself getting stuck for money over the xmas period,today i received a review form from income support section,i phoned them up because on the benefit part i didnt whether to put down i was receiving ,is or jsa, they told me to put is and to now phone jsa and close down my claim,i asked them if it will now be sorted before xmas,no promises there,so when i close down my jsa tomorrow i`m not likely to get any money untill they have sorted out my is review,looks like its fish and chips for christmas dinner:x

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Hello ee-bee,

 

Methinks that you are going to have to be assertive. I like fish and chips but maybe not for Christmas dinner.

 

Hello Department for Reducing your money speaking How can I help you?

 

ee-bee My name is ee-bee National insurance Number ee 000000 e. Do you really want to help me because I really do need help.

 

DFRYM How can I help you then?

 

ee-bee As you know I am on a low income. I have struggled to put a little bit by each week to get my children Christmas presents but your Dept reduced my money when you should not have done. The money I saved for Christmas has all gone. I now have no money to get anything for Christmas. Can you imagine how my children will feel on Christmas morning when they wake up and there are no presents. (Don't say anything for a bit).

 

I know it is not your fault but will you try your best to sort it out for me. I will tell the children that I have spoken to you and tell them that I will ring you tomorrow and that they can listen in when you tell me what you have done to get the money to buy their Christmas presents.

 

I know many many good people work for DWP amongst the few who are part-time bar stewards and the above is emotional blackmail but sometimes when you have not been treated fairly you have to use all means at your disposal.

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