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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is ATOS medicla requried if on Pension credit?


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I was on ESA and have now switched across to Pension credit, however prior to this I received a "Limited capability for work" questionaire which I have not completed as yet. They require it back by 8th July 2010.

Due to my existing and escalating medical condition it is unlikely I will be judged fit for work, but if on Pension credit are you still required to complete the form for the ATOS medical?

I would like to avoid the hassle and stress if possible.

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I was on ESA and have now switched across to Pension credit, however prior to this I received a "Limited capability for work" questionaire which I have not completed as yet. They require it back by 8th July 2010.

Due to my existing and escalating medical condition it is unlikely I will be judged fit for work, but if on Pension credit are you still required to complete the form for the ATOS medical?

I would like to avoid the hassle and stress if possible.

 

Right I hope that I can help you with this one as I looked into it as an option I could take.

Pension Credit is basically a means tested benefit. For a single person a payment of £132.60pw is made and for a couple, £202.40. If all of your income is less, Pension Credit will top it up. There are other additions such as mortgage interest payments, payments if you have savings and disability premiums.

Now if you are claiming ESA, Pension Credit will take that into account when calculating your total weekly income. However if you stop claiming ESA, whatever you lose by way of payment for that benefit, Pension Credit will increase their payment by the same amount.

So in other words, you can never be any better off or indeed worse off.

What it does mean that you have no need to continue sending in sick notes, attend medicals or fill in the ESA50. Whatever you receive from ESA it will be taken off the Pension Credit payment. One thing in favour in claiming Pension Credit is that the amount is fixed for a period of time, and if your income does go up it will not affect the weekly payment until the review date - maybe in 6 months!

 

It is a personal choice if you want to claim ESA however (it may sound daft given my comments above!), as there are or maybe other options open to you depending on your particular circumstances.

 

Example: I receive £5.25 Pension Credit pw & £65.45 ESA pw whilst waiting for the Tribunal hearing as I failed the medical. If I stopped the ESA, my Pension Credit payment would go up to £70.70 pw.

 

The reason I am claiming ESA is because of the other conditional add on's that are not available with Pension Credit but are with ESA.

 

Hope that makes sense - it's really a personal thing and you have to weigh up all of your other options that might be of use to you now and in the future.

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Andyandflo I chose the pension credit route as it is quiet stressful remembering to get sick notes every month plus the hassle of the ESA which I doubt if I will pass but knowing ATOS will fail. The disabilities lady at the Jobcentreplus recomended that ti may be the best option for me as one week I can work a whole week and the next week only one or two days or even none. Last year I maanged to hang onto a job for three months but eventually they had to let me go due to having to take days off for medicals, specialist appointments and being off ill.

To be fair to any employer, who would want to employ someone that has to have days off constantly and special arrangements have to be made to accommodate their disabilities.

Ideally I would like a self employed part time as and when job where I could work from home with occasionally visits to the workplace to update. At least that way the brain is kept active and may be able to earn a few bob to boot and it just get deducted at the review.

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Andyandflo I chose the pension credit route as it is quiet stressful remembering to get sick notes every month plus the hassle of the ESA which I doubt if I will pass but knowing ATOS will fail. The disabilities lady at the Jobcentreplus recomended that ti may be the best option for me as one week I can work a whole week and the next week only one or two days or even none. Last year I maanged to hang onto a job for three months but eventually they had to let me go due to having to take days off for medicals, specialist appointments and being off ill.

To be fair to any employer, who would want to employ someone that has to have days off constantly and special arrangements have to be made to accommodate their disabilities.

Ideally I would like a self employed part time as and when job where I could work from home with occasionally visits to the workplace to update. At least that way the brain is kept active and may be able to earn a few bob to boot and it just get deducted at the review.

 

Hi, yes I know where you are coming from. I went off sick in March 2009 and resigned in December 2009. I was honest with my employer in that building up to March 09, I was in and out of work for at least a week every month. I could not see a time when I would be able to go back full time so we parted company. Prior to resigning, I claimed ESA in Oct 09, failed the medical in Mar 10 and now waiting for the appeal hearing. Of course it would be a lot less stressful if I cancelled the ESA claim, but like you I am hoping to do some self employed work if and when.

Where it helps me is that the disregard for Pension Credit is £10pw - earn anything over that it is reduced £ for £. By staying on ESA, and under the 'Permitted Work' rules, the disregard is a lot better.

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