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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice with Depression/Carers allowance issues.


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Hi there,

 

My Other half has severe depression, she has been signed off work since January, and if steadily falling further and further behind at college.

 

She is not getting any better, and all I see is her getting worse with no help from doctors. She seems almost unable to function without me being around.

 

Today for example she goes to college and I have to come pick her up from the bus stop down the road as she is sitting there crying and shaking(and its not the first time).

 

I need advice on how to get her better help, and if I can claim any kind of carers allowance to look after her full time, as I am probably going to lose my Job if I have to keep taking time off to look after her.

 

Thanks in advance, and please feel free to move this to a more appropriate area if there is one.

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In order for you to receive Carers Allowance for caring for her, you would need to be providing 35 hours or more of care per week to her and she would need to be receiving either the middle rate or higher rate care component of Disability Living Allowance. If you earnt more than £100.00 per week, Carers Allowance would not be paid in those weeks.

 

There is more on Carers Allowance here

If she requires assistance with caring for herself - sounds like she does if she is unable to function without you there - she should apply for disability living allowance. This is unaffected by any household income.

 

Has your other half been referred to anyone by her GP for treatment, such as a counsellor, psychologist or psychiatrist? If not, it may be worthwhile requesting a referral or going to another GP for referral if her family doctor is unhelpful.

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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Hi Captain,

sometimes it pays to be insistent with the Doctor regarding access to a consultant psychiatrist, your OH's depression sounds like she's experiencing a "living hell". Medication such as fluoxetine hydrochloride (i.e. "Prozac") help to alleviate the "clinical depression" after the couple of weeks it takes for the benefit to "Kick-in", however this needs to be supported with either a "talking therapy", a good self-help book, or both.

I'd like to recommend to you a couple of books which helped me: "Families and How to Survive Them" co-authored by the psychiatrist and psychotherapist Robin Skynner and the comedian John Cleese. My NHS 'shrink' told me of this book and I was able to get it from the public library. There's also the sequel "Life, and How to Survive it".

 

Best regards and good luck,

Paul.

 

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Well, she has an appointment with a healthcare Mental Worker person(I forget the exact name).

 

However, I have not been to work in a week and a half as I am providing 24/7 care to her(she can't be left alone). We have applied for DLA, and once she has it I will apply for CA, however what can i do for money in the meantime. I am going to ask work for an extended leave of abscence so I don't lose my Job, but what benefit is applicable in this situation? The jobcentre itself was quite unhelpful.

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It is difficult to say whether there is anything you could get benefit wise at the moment. As a student it's possible she could claim contributory based ESA if she has paid in enough class 1 NI contributions in the qualifying years. She would not get income related ESA unless she was a part time student or receiving DLA, and may also be turned down for income related because of your income from employment or savings/capital - it's a minefield.

 

It's possible you could claim Income Support as a carer (for up to 6 months) whilst awaiting the DLA decision, but I don't know how they would decide entitlement as you are in employment, and she is a student, possibly with a student income. If your leave of absence would be unpaid then it may be possible.

 

There are two benefit calculators here and here which may or may not be helpful. Enter your figures and situations and it will do a calculation for you. I'm going to ask an Income Support expert to look in on this thread for you, but he might need some more information from you to give a comprehensive answer.

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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Hi Captain,

 

 

In your opening post you stated that your partner is off sick from work, is she in receipt of Statutory Sick Pay, or is she not entitled to receive it because maybe she works part time.

 

If she is in receipt of it then she can claim Income Support for herself and you, if you decided to take unpaid leave from your job to care for your wife and you can get a letter from your employer to confirm this.

 

If she has finished work with her employer then the above option is not available to you but there is another option.

 

Has Erika has stated you can Claim Income Support yourself, your condition of entitlement would be as a carer, I.S can be paid on these grounds untill Carers Allowance has been awarded, Of course your claim would be for yourself and your partner

Again you would need the letter from your employer stating you are taking unpaid leave.

Even though you can work and claim Carers Allowance, I.S is a means tested benefit and if you returned to work even part time it would effect your claim.

 

To claim Income Support as well depends of course on what income you may having coming into your house, as Erika mentioned if she has a student loan this will effect your claim, and if you receive working tax credits, this will as well.

 

If your claim is successful and DLA is awarded this will give you extra benefit in the form of premiums, also DLA is not counted as an Income for I.S, C.A is but you get an extra premium as well for that.

 

So sorry things are hard for you at the moment but it may be worth trying to claim Income Support if you dont have capital over sixteen thousand.

 

Sorry the jobcentre was unhelpful,

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Thank you Mikey.

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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we were in a very similar position, i had to give up work immediately to look after her, we claimed income related esa (joint) and was granted, claimed housing and council tax benefit which was granted, got DLA middle rate care and low rate mobility (eventually)

I was told that if ESA claim failed we could just jump straight onto income support, but can't vouch for that as didn't need to.

so whilst all is now sorted, it did take months of phone calls, evidence gathering and heart ache, so the very best of luck to you

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  • 3 weeks later...

I would definately demand a psychiatric evaluation, if your partner feels she can do it.

you'll be able to go in with your partner, but is best to just sit quiet and let your partner get it all out, by all means if your partner looks for your input do help.

Your partner should also ask to be put on list for therapy corresponding to illness involved.

As far as medication goes be wary and ask as many question about it as possible, like, what type, how it works, side effects ect, some Dr's are to quick hand meds out, though there is an element of trial and error involved.

Any questions, please do ask.

best regards.

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