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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.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
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council tax refund for overpaying?


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Hi wakey. I can only give you my general thoughts. I presume you're referring to the 25% single occupiers discount? I think this is something he can claim but would not be automatically offered as the council wouldn't know he was now on his own.

Unless anyone comes up with something better, I'd suggest he contacts the council to notify them. He may be eligible for a little discount on the current bill - I don't know for certain - but would get it from the next bill onwards. I don't think he'd be able to claim retrospectively but the council would give clear and honest advice on this.

Rae.

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found this if he is over 60

Backdating claims

 

You must make a written request for backdating and you can do this by writing a letter to us or by completing a form to request backdating. This form is available from Online Forms - Backdated Benefit Claim form.. Alternatively, contact this office either in person or by telephone to request the form.

 

You can send your request for backdating with your application form when you apply for benefit or if you have received a benefit decision notice from this office, you can request for the claim to be backdated to an earlier date but in this case, you must make your request to be received at this office within one calendar month of the date on your decision notice.

 

Backdating claims for people aged 60 or over

 

The Housing/Council Tax Benefit regulations have been amended to maintain consistency with the rules for claiming Pension Credit. Where a single person or one member of a couple is aged 60 or over, entitlement to Housing/Council Tax Benefit can be considered from 3 months prior to the actual date of claim. This is an automatic backdating rule and applies without a request for the claim to be backdated. However, the first day of entitlement to Housing/Council Tax Benefit will depend on the following:

  • The date from which the conditions of entitlement to Housing/Council Tax Benefit are satisfied (if there is entitlement) and
  • The date the person, or their partner, became aged 60 years and
  • The date liability for rent and/or council tax commenced

I am presuming this refers to the single occupancy as well but sure someone will correct me if not

I thinks its three months if under sixty but there are special circumstances that may considered to backdate it further,

As Rae has said he needs to contact his LA a.s.a.p

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