Jump to content


  • Tweets

  • Posts

    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
    • Women-only co-working spaces are part of the new hybrid working landscape, but they divide opinion.View the full article
    • The music streaming service reports record profits of over €1bn (£860m) after laying off 1500 staff.View the full article
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

esa limit to 1 year


billyt
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4929 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

Thanks for your comments. Yes I was trying to make a point of saying that there are people out there that don't need any benefit at all. They have their own resources. It is criminal that this individual can 'invest the whole of his OAP for over 20 years. that total without interest would amount to some £90,000 so far!!

 

That on top of his AA and War Pension (incidentally he suffered PTSD - something that happens today to 'ordinary' people and they get on with their life).

 

Of course there are those that every £1 matters, but think of the increase they could have if all benefits and pensions were means tested?

 

£102 pw? Yes I could live on that a week. In fact currently the minimum that somebody would get at 60 + is £132.60 pw, not £102.

No rent, Council Tax etc - just food heat, light and general living costs - £132 pw - yes certainly - I happen to do so!.

 

Gemma

 

....Of course, but can you live on that sort of money for a long Period of Time ???? ( maybe 2-3 years) ??

 

Werner.

:)
Link to post
Share on other sites

Presumably those suggesting a withdrawal of contributory benefits would accept a commensurate decrease in Class 1 and 2 NI contributions?

 

The vouchers idea is morally repulsive. It happens in many states in the USA, albeit in a slightly more sophisticated way. People on the restricted benefits available to them are issued with special debit cards that are loaded with credit each month. What they can and can't buy with that credit is often restricted, generally to basic food. So tough luck if you need to brush your teeth, shave, deal with menstrual periods, clean your house or wipe your a***. It's a system that degrades both the people who have to suffer it and the people who advocate it.

 

In my JCP training, lo, back in the day, it was quite clear that people were given money for several good reasons. First off, there is the stigma attached to claiming benefits, and having cash in hand helps to avoid at least some of this. Being dependent on benefits is not generally beneficial to one's mental health, and if we have an aim that we'd like people on benefits to return to work at some point, we have a vested interest in not further screwing with their heads. So they are paid small sums of money with the expectation that they manage it themselves, just like people who work, because we want them to think the same way as people who work.

 

And we absolutely, 100% do not want benefit claimants to start thinking of themselves as second-class citizens who society regards as incapable of managing their own money.

 

Arbitrarily depriving people of dignity will not reduce the benefits bill in the long term. I've been out of the loop for a few months now. Is someone seriously proposing this?

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

Link to post
Share on other sites

I've only seen the suggestion on issuing vouchers being proposed by some of the bigotted morons commenting on the Daily Heil on-line. I'm addicted to nicotine and take great offense that the morons wish to deprive me of my only remaining vice on the grounds that those who can afford to smoke are receiving too much in benefits. I agree that the £15 a week I spend on rolling 'baccy is a lot, however considering that around 12 out of the 15 £s is excise and VAT going back to the government this makes the cost to the taxpayer of subsidising my "habit" fairly insignificant.

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.

Link to post
Share on other sites

OOPS! Sorry, I seem to have strayed offtopic.gif

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.

Link to post
Share on other sites

Presumably those suggesting a withdrawal of contributory benefits would accept a commensurate decrease in Class 1 and 2 NI contributions?

 

The vouchers idea is morally repulsive. It happens in many states in the USA, albeit in a slightly more sophisticated way. People on the restricted benefits available to them are issued with special debit cards that are loaded with credit each month. What they can and can't buy with that credit is often restricted, generally to basic food. So tough luck if you need to brush your teeth, shave, deal with menstrual periods, clean your house or wipe your a***. It's a system that degrades both the people who have to suffer it and the people who advocate it.

 

In my JCP training, lo, back in the day, it was quite clear that people were given money for several good reasons. First off, there is the stigma attached to claiming benefits, and having cash in hand helps to avoid at least some of this. Being dependent on benefits is not generally beneficial to one's mental health, and if we have an aim that we'd like people on benefits to return to work at some point, we have a vested interest in not further screwing with their heads. So they are paid small sums of money with the expectation that they manage it themselves, just like people who work, because we want them to think the same way as people who work.

 

And we absolutely, 100% do not want benefit claimants to start thinking of themselves as second-class citizens who society regards as incapable of managing their own money.

 

Arbitrarily depriving people of dignity will not reduce the benefits bill in the long term. I've been out of the loop for a few months now. Is someone seriously proposing this?

 

Yes they are seriously looking at this so it is a high possibility which is seriously inhumane and degrading. Cameron has already stated that he needs to change the laws in order to change the system, hence the 5 - 10 year plan, which obviously means that current laws will not allow him to implement the actual plans he has and probably why he is keeping quiet on the actual details of what he has planned. All we know at the present is that he intends to change it but not any real details of how and when this will effect us.

 

The article was in the Guardian in July with the title heading Ministers consider scheme to hand out food vouchers to unemployed

and quotes the following "The government is considering plans to distribute food vouchers to people on the dole as part of a wider drive to empower charities to supplement the support provided by the welfare state.Iain Duncan Smith, the work and pensions secretary, has given his provisional backing to JobCentre Plus staff handing out vouchers that can be exchanged for food parcels."

 

For the full article see http://www.guardian.co.uk/politics/2010/jul/02/ministers-food-vouchers-unemployed

Link to post
Share on other sites

Gemstar,

 

I apologise for belated reply but i have been so busy this weekend i haven't has a chance to get on.

 

your comment was based to all contributory benefits not just a pension, and the threshold for other benefits is £102.00,

which would mean no entitlement to benefits if you your household income is above this.

I am not considering children in this as that would be a different type of benefit.

 

so an income of 102 between two people is supposed to be sufficient that means no housing benefit or council tax benefit, those of us with mortgages don't get HB we do get payments towards the interest but again if your income is over the threshold you get you guessed it nothing.

 

basically if you have a partner who works your expected to live off their wage.

 

If the idea of the welfare state was to protect all from the cradle to the grave, it has seriously failed im sure this this is not what William Beveridge had in mind!

 

Rightsforme,

 

these 'food parcels' i am assuming that these will be in addition to benefits if not this is disgusting we should not be made to feel we have to live off handouts that would be seriously degrading and detrimental to all of our mental health, plus how does this allow for special diets, how are we supposed to plan our meals surly that would be against human rights don't we have the right to plan our diets what happened to equality last time i looked the country was pc crazy isn't this essentially discrimination?

The whole world is made of faith, trust and pixie dust :p

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...