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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?  
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi all, my husband has not worked for 19years due to ill health and severe mobility needs, he is now 57 and is getting very stressed about the changes to the benefits which are being almost daily in the media. He currently gets IB/IS/and DLA but, he has been told that at 60 he could be paid pension credits does anyone know if this is right? If this is right does that mean he will no longer get his other benefits and that he will no longer have to attend medicals and fill in those dreaded ib50`s? Sorry for so many questions but I can`t get my head around this as they say people should have to wait longer for their pensions then he is told this. Thanks

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not knowing full ins and outs of new legislation, but have some knowledge of old Pension credit, I think thats right if so he should be no worse off in fact he may still get some disability benefits on top so may be better off. No he shouldn't have to undergo medicals anymore as he will be classed as retired, this was the old system (went through it with inlaws) however not up to speed on new benefits so i may be wrong not much use eh?

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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Its changed slightly , I.S used to be paid up to the customers sixtieth birthday and on their birthday they went onto penson credit automaticallly, now they are transferred across on a series of qualifying dates , we have a few of these dates each year.. The last date applicable date was 7th March, on that date if you were sixty then you went across. to penion credits... Pension Service write out and tell you the exact date and make the transistion smooth so there are no worries..

 

So he may be on I.S till slightly over sixty.. However IB is ending soon so he will be transferred over to ESA and then rules may change again

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as things currently stand, your husband will reach the qualifying age for pension credits in approximately 6 years

 

if his date of birth is between 1 - 5 august 1953, he will reach qualifying age on 6 november 2016

 

if his date of birth is between 6 - 31 august 1953, he will reach qualifying age on 6 january 2017

 

(this is assuming he is older than you - if you are older than him, then you may achieve qualifying age earlier, and as a couple only one of you has to achieve the qualifying age to move on to pension credits)

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as things currently stand, your husband will reach the qualifying age for pension credits in approximately 6 years

 

if his date of birth is between 1 - 5 august 1953, he will reach qualifying age on 6 november 2016

 

if his date of birth is between 6 - 31 august 1953, he will reach qualifying age on 6 january 2017

 

(this is assuming he is older than you - if you are older than him, then you may achieve qualifying age earlier, and as a couple only one of you has to achieve the qualifying age to move on to pension credits)

 

That loophole is to be scrapped. In future both parties (husband & wife etc) will have to have reached an age where they BOTH are entitled to the OAP. This will stop claims when the wife is say 62 and the husband 55. In this example it is intended that Pension Credit can only be claimed when the husband is 65 and the wife 72, or 68 & 75 depending on when they raise the retirement age! At the moment in that example, they could have claimed Pension Credit when he was 53 and his wife 60.

 

This will have the effect in that example of making the husband claim JSA and look for a job until his normal retirement age. A sensible thing really. You really shouldn't have a male retiring at 53 in that example, claiming Pension Credit which is an enhanced payment over JSA/ESA, when he has at least another 12 years or working life still in him.

 

The same will apply for IB/ESA, he will have to prove that he is unfit for work for another 12 years.

Edited by SueP1944
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Suep1944

 

Not heard anything about the change you mention, do you have a link to information on these changes?

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  • 2 weeks later...
Suep1944

 

Not heard anything about the change you mention, do you have a link to information on these changes?

 

Sorry that I have not been back earlier.

 

This is taken from the WRB

 

Welfare Reform Bill Explanatory Notes:

 

Page 22

145. Paragraph 64 amends the State Pension Credit Act 2002 so that a member of a couple who has attained the qualifying age for state pension credit may not receive state pension credit if the other member of the couple has not attained that qualifying age. This is to ensure that all claimants who have not attained the qualifying age for state pension credit are required to claim universal credit and, if appropriate, be subject to work-related conditions of entitlement.

 

And in the Welfare Reform Bill itself,

 

"Quote"

Page 113

State Pension Credit Act 2002 (c. 16)

 

Paragraph 64 In section 4 of the State Pension Credit Act 2002 (exclusions), after subsection

(1) there is inserted—

 

“(1A) A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.”

 

This effectively stops the current situation of a man reaching 61 and his wife who is 55 being able to claim Pension Credit. Both have to be of the normal retiring age, currently 65, increasing to 68 for a male and 61 increasing to 65/68 for a female, before a claim can be accepted.

 

Until both reach the normal retirement age they will be required to either claim JSA and look for work or have a claim accepted for ESA after an assessment. (JSA & ESA are to be combined under Universal Credit)

Edited by SueP1944
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you may think it sounds sensible to close this, but it worries me

 

there is a 16 year age between me and my partner, so if we pretend there will be anything left of the welfare state when i reach retirement age at 68 and if my partner was out of work, we would have to make a joint claim for JSA/UC?

 

hmmm...

 

so i would have to be available for and actively seeking employment until i am 84, oh, what a prospect

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you may think it sounds sensible to close this, but it worries me

 

there is a 16 year age between me and my partner, so if we pretend there will be anything left of the welfare state when i reach retirement age at 68 and if my partner was out of work, we would have to make a joint claim for JSA/UC?

 

hmmm...

 

so i would have to be available for and actively seeking employment until i am 84, oh, what a prospect

 

That would seem to be the case unfortunately.

 

The only reason I can think that they have come up with this change, is that anybody claiming JSA (not so much ESA as they don't regularly see anyone from the DWP) is currently being pushed over to Pension Credit by the Jobcentre when the first party reaches the qualifying age.

 

This has meant that people are being written off the unemployment register far too early. It can't be right that a male who gets to 61 automatically gets his benefit without having to sign on or produce evidence of disability. Especially if his wife is a lot younger than him - she is also written off.

What they seem to be saying is that until you reach the normal retirement age you WILL either have to continue to look for work or prove a genuine sickness why you can't do any type of work.

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The thing is about this new change comming to Pension Credit about couples is that if you are 60 and single you will still be able to claim Pension Credit and not have to look for work.

This is totally biased towards single people.

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The thing is about this new change comming to Pension Credit about couples is that if you are 60 and single you will still be able to claim Pension Credit and not have to look for work.

This is totally biased towards single people.

 

That is how I read it also. However the retirement age is now 61 and will increase gradually until it gets to 68.

 

It is certainly biased towards the single people - maybe that is the answer - get divorced, live apart and have the privilidge of claiming Pension Credit!!!!

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