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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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Compliance officer what happens now (really confused!)


angeleyes182
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The 3 nights rule thing hasn't been true for yonks either. I remember my sis saying about this years ago when she worked in DWP over payments dept, & she has now been in land registry for about 12 years, so I have no idea why people still think there is this 3 night rule.

As I had said before in a thread a married couple could spend 6 months apart if he works away on the rigs or something, but it doesn't mean they're not 'together'

In fact the 'living together as if married' doesn't even cover the hubby that works away does it. I guess common sense should prevail but some of us are not the brightest bulbs in the pack & really do need to have everything spelt out, it's not easy for claimants & benefit staff is it to get the right messages across. It also doesn't help when different benefits have different rules. Confusing.

 

Hi Jadeybags,

 

This is kind of my point too. The issue is not about time spent, it is about the level of commitment to each other. In the absence of a marriage certificate, measuring the commitment is not directly possible, so the DWP have created their own criteria to assess commitment. When their criteria comes up with a different answer, they try to force the commitment onto the couple anyway, just because their measurement says it should be there.

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Hi Jadeybags,

 

This is kind of my point too. The issue is not about time spent, it is about the level of commitment to each other. In the absence of a marriage certificate, measuring the commitment is not directly possible, so the DWP have created their own criteria to assess commitment. When their criteria comes up with a different answer, they try to force the commitment onto the couple anyway, just because their measurement says it should be there.

 

And I think that's horrendous. But there does have to be a line drawn somewhere, & what a nightmare for whoever has to work out where that line is. If that made sense. And if it's a fuzzy line in the DWP's rules, how the heck are jo public supposed to know where the line is either? It's all a big head messer isn't it.

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I agree about comitment levels, but remember we are talking seven out of seven here, no one is forcing that choice on op. I think nowadays when getting a benefit for instance as a single parent, its better to be super super vigilant of how your relationship could be interpreted, because wether thats how you want to be seen or not, its a shock to the system when someone calls in and makes an accusation.

 

You have to protect yourself whilst respect we are getting support that some abuse.

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I have moved some posts off here, including my own because it is generating into a discussion about the definition of couples for benefits purposes in general, which in turn is hijacking the original post.

 

For anyone who wishes to follow that discussion, the thread which has been created can be located by clicking here

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.

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Thanks again for all your interest and help. Unfortunatley i cant view the added documents as i have internet on my phone. I want to clarify that its only recently we have been spending 7 nights and there is sometimes when we have nights apart (not that its going to make any differance now anyway). My boyfriend and i are spending time apart until we get the situation sorted. He says he is assessing finances but i will be honest its scared us both. I am going to have a chat with CAB. I dont want the label of benefit fraud. I want to know what will happen if we bite the bullet and move in together and then 3weeks/months down the line when im well into my studies my son has started school we decide we cant live in each others space what will happen to my son and i, i am jepordising my whole future whatever i choose. We live 20-25 min away from each other so its a different area,different schools.

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I feel reeally terrible for you angeleyes, it's pressure you dont need at the moment. I guess at the end of the day people do need to be really careful when claiming benefits, obviously there is the new benefits shake up going on now & they are clamping down in every way. Case of having to for the economy, as a country we are in dire straights. Look what happened to Ireland.

I hope things go back to some sort of normality for you soon, & it doesn't affect your relationship.

You can have a boyfriend & claim benefits as a lone parent.

Years ago when I was income support, full housing benefit & privately rented my brother came to stop with me when he was homeless after splitting with his g.f. He never paid me a bean, & fed himself though, within a month I got an eviction notice as the landlord was selling the house, I even had a woman from the council round about housing me & my brother was mentioned as staying with me, & that he wouldn't have anywhere to live either, we had both been on the housing list about 5 or 6 years by this point, & I had re rented numerous times when houses were sold by the landlords, we were both housed by the council, him in a flat, me in a house within a couple of months. Nothing was ever mentioned about him being at mine! She didn't even ask if he paid me any rent!

These days it's so much different isn't it!

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Hi angeleyes,

 

I have read the guidance document posted by Enrika. Some things that would affect the cohabiting decision by DWP in your favour, is if for example, there has been unfaithfullnes in the relationship recently, or if your future plans as a couple are uncertain, your partner does not help with childcare, you do not assist in each others houses, you do not do each others laundry etc.

 

Those issues are all things that they have to take into account, but are not decisive in their own right.How often you see each other does not make any substantial difference, however, if either you or your partner has a second on going relationship, then they cannot decide that you in a husband and wife relationship.

 

My personal views/ideas about challenging the concept of a marriage without a financial commitment to support each other, has not been easy to persuasively explain to people on this forum, so I'd have to say it would be rather brave to try that route at the moment.

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