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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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It's not a spare room as it's been let. I would imagine - just guessing - it says you'll lose whatever a week bedroom tax because you either have stated the room is still spare, which it wouldn't be, or that the benefit checker can't cope adequately with a lodger.

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The money from the lodger is regarded as income ...

Out of interest, as I've never understood this, I had a lodger for several years and never lost a penny of benefits. He was always declared fully, as was the income, on every application. I was on ESA throughout and he was on Pension Credit. Would the latter be what made a difference? It really has me stumped.

 

EDIT: kirkby, it doesn't matter, the room is no longer empty or spare. Some of the advice given by various agencies is to take in a lodger rather than be charged bedroom tax.

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No meals included and no formal agreements, unless i need to have one in place.

 

You should probably have a formal agreement in place to protect both you and your lodger, and also to demonstrate the situation to the JSA department. For JSA(IB) purposes, he or she should properly be regarded as a subtenant, not a lodger, since you don't provide meals. As I read the rules, there is a £20 disregard per week for income from a sublet, and the rest is taken pound for pound from your JSA.

 

You should not be liable for Bedroom Tax or, if folks are going to get snarky about it, the Over Occupancy Charge if you have a subtenant and are claiming JSA and HB on a social sector property. If at any time you had to move to the new Universal Credit, the rules would be different.

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No it's still treated as income

 

This is not exactly correct. A disregard may well apply.

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

 

 

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lottiesnan

 

not sure which benefit checker you used, but I have just tried to use the entitledto benefit checker, and it appears to be giving out duff advice in relation to lodgers and size criteria for social tenants

 

You should probably have a formal agreement in place to protect both you and your lodger, and also to demonstrate the situation to the JSA department. For JSA(IB) purposes, he or she should properly be regarded as a subtenant, not a lodger, since you don't provide meals. As I read the rules, there is a £20 disregard per week for income from a sublet, and the rest is taken pound for pound from your JSA.

 

You should not be liable for Bedroom Tax or, if folks are going to get snarky about it, the UNDER Occupancy Charge if you have a subtenant and are claiming JSA and HB on a social sector property. If at any time you had to move to the new Universal Credit, the rules would be different.

 

I agree with Antone, if you take in a lodger/sub-tenant, the first £20 rental income you receive is ignored, anything above that is deducted from your JSA(ib)

 

so if you charge £20, JSA is not affected

if you charge £80, JSA is reduced by £60

 

a lot of people in your situation are only charging £20, as anything more than that, they do not gain anything for

 

a lodger counts as an occupier for HB purposes, so if you are currently underoccupying by 1 bedroom, you will cease to underoccupy - alternatively if you are underoccupying by 2 bedrooms, this will reduce to one bedroom

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  • 10 months later...

I have been on esa for about a year.I have Anxiety disorder ,depression,ptsd and some obsessive behaviour.

I was on jsa but couldn't cope with it and had a relapse and ended up where I am today..

 

 

The last sick note I had was from 26th may to the 31st august.I was getting paid and the last payment was on the 24th july.I then got a letter saying my sick note would run out on the 26th july and I was to renew it.

 

 

I rang them and said check my sick note it ran till the 31st August,,,He said he couldn't check it because it would be impossible to trace it?? I said I had a copy should I send to them..

He said a copy was not allowed and to go back to my gp and ask for a replacement copy of my last sicknote which I was to send into esa straight away.

It took a few days for my gp to sort this out its a busy practise and eventually sent the new sick not off on the 31st of july.. and got proof of posting.

 

 

Rang esa today because my payment that should be there today wasn't and they say they havnt received it and to ring Monday it can take 11 working days ?

 

 

He also said I should have taken it to the jobcentre and they would have scanned it over to them.That is not the information I was given.

 

I am so anxious that they have lost it.:(

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Lodge formal complaints with the JCP manager, about their continued misinformation and incompetence, copy in your Local MP and demand that they raise the continued discrimination of benefit claimants in the house of commons and have those responsible, brought to account.

Edited by honeybee13

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi lottiesnan

 

Welcome to CAGlink31.gif

 

Write a Formal Letter of Complaint, mark it as such. In the Subject field write the name of the Delivery Centre - XXXXXXXX benefit centre dealing with your claim. Explain what's happened, how they have let you down and what you want them to do about it.Don't forget to add a Ref. No.

 

Send it to :- [email protected]. uk

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Hi lottiesnan,

my partner had the same problem before.

We called the ESA and a lady said they never received the sicknote, but we should get a new sicknote and she'll make an appointment at our local Jobcenter the next day. We got paid only 3hours after we hand in the sicknote at the jobcenter :)

Maybe this would be an option for you?

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