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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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Council Tax Query


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Hi I am on disability benefit and in receipt of housing and council tax benefit. Could anyone tell me if my son, who lives with me has to pay council tax as he only works three evenings a week and earns just under £100 a week. When he started work I sent a change of circumstances letter to the council stating his income and the date he started work. I received a form back in the post several weeks later stating the payment required as zero but I am sure he might have to pay something. Many thanks in advance.

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It was only the Community Charge (remember that?) that required individuals to be billed for their council services. Council Tax covers the property in its entirety, to the full cost is levied irrespective of the number of people residing. If you are not receiving a discount for single occupancy, the fact he's living there ad-hoc will not be an issue.

Edited by buzby
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If you're receiving dla care component, then you're not liable for any deductions due to your son working - this would mean your zero assessment is correct and you have nothing to worry about. Also if he is still a student, then I belive he's not counted as a non dependant. If you were not receiving dla care component or your son were not a student you wold have to pay a non dependant deduction dependant on his gross earnings.

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It was only the Community Charge (remember that?) that required individuals to be billed for their council services. Council Tax covers the property in its entirety, to the full cost is levied irrespective of the number of people residing. If you are not receiving a discount for single occupancy, the fact he's living there ad-hoc will not be an issue.

 

You are right that Ericdog's son residing with him/her would only affect the amount of Council Tax charged if he/she had previously been living on their own and were claiming the single occupancy discount.

 

However, Ericdog's query is not about the amount of Council tax charged. It's about the amount of Council Tax Benefit they receive which can definitely be affected if an adult son or daughter lives with the claimant. A non-dependant deduction can be taken from the claimant's CTB - whether it will be or how much depends on the age of the non-dependant, their income, etc.

 

Leemack is right if ericdog is in receipt of the care component of DLA (or Attendance Allowance) then non-dependant deductions will not be made.

 

Anybody on CTB that does not declare that they have a non-dependant living with them could face an investigation and possible prosecution for benefit fraud not to mention having to pay back any overpayment.

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Thats what I was confused about, he has always lived at home but was previously a student. When he started work I sent all the details of his income to the council and then got a letter back saying the payment was zero. Do you think I should ask them again. He only earns about £100 a month. What difference would this make to the council tax benefit if he has to pay?

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Do you receive the care component of DLA or Attendance Allowance? If not then it would be best to go back and check with them that they have calculated the right figure.

 

It would only be a small deduction. The current fugures for non-depedants deductions for CTB seem to be:

 

Non-Dependant's weekly income

Amount of weekly non-dependant deduction

Receiving income support or job seekers allowance (income based)

Receiving pension credit guarantee credit

Nil

Nil

Aged 18 or over and not working over 16 hours a week and not receiving income support or job seekers allowance (income based)

£2.30

Working over 16 hours a week and gross income under £178.00

£2.30

Working over 16 hours a week and gross income £178.00 to £305.99

£4.60

Working over 16 hours a week and gross income £306.00 to £381.99

£5.80

Working over 16 hours a week and gross income £382.00 and above

 

£6.95

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Thank you so much for that information. I am not on the care allowance, only mobility. But seeing as my son only earns £100.00 a week he might be near the threshold for council tax benefit. I shall do as you said and contact them regarding how much he has to pay. Thank you.

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