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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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JSA sanction question


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I have recieved notice this morning that I am to be sanctioned for not applying for a job the job centre provided me with. This is all very well and good excpet I did apply, and have a copy of the email to prove this........will this go in my favour if I appeal??

Also how long am I expected to wait for a decision from the decision maker?? Do I carry on signing on in the mean time? Will I still recieve payments??

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Hi, I've just had a similar thing I've posted about on behalf of a friend of mine (if you look for a thread started by me 'Jobcentre syaing have not applied for a job - may suspend JSA' you will see they seem to trying this a lot!)

 

Is the letter saying that the decision has been made, or is it the letter that says something like 'a doubt has arisen' and you have to fill in the back and explain your side? I'm sure that having confirmation from the employer would put it beyond doubt that you did apply and they would be unable to prove otherwise which would mean they can't impose sanctions?

 

Is this some kind of new technique to get rid of claimants, does anyone know?

 

Best wishes

 

Pixy

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Having an email as verification that you applied should most certainly go in your favour. You do need to continue with signing in the meantime, and need to continue satisfying the conditions of JSA - though if the sanction is in place, payments will not be forthcoming until either the sanction period passes or your appeal suceeds (whichever comes first). If you stop signing on, your claim will be terminated entirely.

 

To appeal the decision to sanction, complete form GL24, setting out the reason their decision is wrong, i.e: 'I disagree with the decision to sanction my Jobseeker's Allowance on the grounds that I did not apply for a vacancy, because I did in fact apply for the position in question. Please refer to the attached print from my email account, which I submit as evidence of my having applied' (attach a print of the email).

 

Pinkpixy - this isn't new, unfortunately. It's been something that has been in place for years but I have seen an increase in the application of sanctions (some very much unjustified)_- and there was a recent scandal revealed where management had been setting targets for staff to seek claims out to sanction. After this initially being denied, it was admitted and a public apology was given (bit late!). With these targets in place, sanctions were on the rise. Sanctions are designed to deter those who have little to no intention of seeking or securing employment, but as with much benefit issues, the innocent are often caught in the crossfire.

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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The procedure is as follows.

Customer is "matched" to a job vacancy and is advised that as the vacancy mayches their Job Seeking Agreement they are required to apply for the vacancy. This can either be and advisory appointment, fortnightly signing or by someone in the JCP who will be matching vacancies and JSAGs (mostly if an employer asks the vacancy to pushed as a priority). When the vacancy has been either suspended (time limit reached or quota of submissions reached for that vacancy) or filled.

A JCP officer will then contact the employed to enquire if any of the customers who were actually matched to the vacancy applied, offered interview, job offered etc. Based on this information "refusal of employment" action is taken.

Form ES195RE is issued either in person if the customer is due to sign within 48 hours or it is posted and due to be returned within a specified time (I don't actually issu these letters so don't know if it's 1 or 2 weeks sorry).

The case is sent to the DMA team for a decision whether this form is returned or not and the DMA look at if a sanction is applicable or not.

 

What I suggest that you do is write a letter to request a reconsideration of the decision and attach a copy of the email showing that you did apply for the vacancy.

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