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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Housing benefit when living in a touring caravan


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We are not travellers but a couple that are battling to keep our heads above water. At present we get housing and council tax benefits for the flat that we live in but it does not cover all the rent or council tax.

Like most people we have debts that we are battling to pay off since I was made redundant and although we have a DMP with CCCs we are now just existing and not living.

We have a very large modern twin axle caravan with plenty of dual heating and have found a site where we can pitch it for 11 months of the year and as it is regarded as temporary accommodation, we are not charged council tax which is saving over £100 per month on that alone never mind utility costs.

We would like to know if we can still claim housing benefits to cover part of the rent until I can find gainful employment? The concern is that the site owner may not be too willing to state what he charges us per month in writing, but we would have a receipt for the payment of the rent. On presentation of the receipt, would you be able to use this to claim your housing benefit?

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Yes, site charges for caravans can be covered by HB. Not sure if they would accept a receipt as proof though. Usually they would want to see some sort of contract just as they want to see a tenancy agreement if you are renting privately.

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Unfortunately caravan sites don't have any form of contract and will probably not agree to one anyway because you are not really permanent. The last thing we want to do is upset the caravan park owner who then asks us to move on which is why I suggested the receipt route. Bit complicated but if we can get HB it solves a lot of problems.

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You can receive housing benefit in respect of site fees even when you own the caravan, but as with any rental agreement, you would need to prove that the agreement for the site rental is on a commercial basis to qualify for housing benefit, and a receipt would not likely suffice for this.

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

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We would be renting the pitch from the owner of the caravan site. The caravan is a touring caravan and not a static caravan. We would be on site for 11 months and then we would have to move off for one month. We are trying to work out that in the event my ESA/JSA contribution stops whether we are better off living in the caravan or in our present flat. The big difference is council tax an dutilities. I have used various benefit calculators and between the two in benefits not much difference, but in caravan more cash left over at the end of the month. Hard decision!

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