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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.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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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.

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IB to ESA migration


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I know I have been thoroughly scrutinising any and all threads on the IB to ESA migration so now it's my turn I thought I'd make a record of the whole process in case it helps someone else, and so that I might get the benefit of the wonderful help and advice available on this forum.

 

Background - I have multiple disabilities (some physical, some mental) and have been on IB(cont) for 8 years. As I get high rate care DLA I have so far been exempt from the medicals. My DLA was renewed last year, this time as a lifetime award as they've finally accepted I'm not curable and am only going to get worse. Shame that's now gone down the pan with the new benefit!

 

Anyway, back to the matter in hand. I've been waiting for the preliminary letter to land on the doormat since last February since anyone without a review date was supposed to be reassessed first. Now that it's here however I'm having a bit of a panic.

 

The (presumably) standard letter says they will ring me within 14 days, but is dated a week ago and the number they have is very, very old. In fact, I've moved a considerable distance since I had that number so it's not even the correct dialling code. In any case, the last thing I want to do is talk to someone from DWP or ATOS so I have no intention of giving them my current number. I am not good on the phone and always avoid doing anything remotely official by phone.

 

But I do need to tell them I'm about to go away for a month - I usually do this in writing to my usual office. Is there anyway to email the office dealing with my migration (not my normal one), or can I expect my usual office to pass on the information? If I just write as normal would they consider that 'good cause' for not returning the IB50 form on time if it arrives whilst I'm away?

 

I don't want to get someone else to ring for me (or pretend to be someone else and withhold my number!) unless I really have to.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I can only speak for myself but I would not risk losing my benefits by not doing all the things I have to do to get them.

 

I would give them my number and fill out the forms etc. because it's so easy for them to just stop the money.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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It is nothing to do with not wanting to do everything I can to keep the benefits I thought I would be entitled to for life when I paid for them in the first place, but I am not, under any circumstances, willing to give them my number. My problem with phones is well-documented in the medical evidence they already have and is entirely disability related.

 

Write to both offices seems a reasonable solution.

 

The bottom line is probably that regardless of how many hoops I jump through I will be awarded 0 points and lose my benefits anyway.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 3 weeks later...

I wrote to my usual office but mentioned the ESA letter. A week later (and after I'd gone away) the ESA 50 form arrived. It has to be returned by the day I'm due home.

 

I hope they will send a reminder and thus give me a few days grace rather than immediately stop my benefits and ask questions later, but there's not a lot I can do about it if they don't.

 

In the meantime, I'm well on the way to completing an electronic copy of the form so can hopefully post it to them the day I get back. My daughter (who opened the letter at my request) says there is no reference number or similar on the form, so I presume it doesn't matter if I return a different one?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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You can fill in the ESA50 from the Directgov website, no problem. If you think the form may be returned late then there is a space at the back to explain why - make sure you do so. Make sure you make reference to the letters you sent in about going away, put a copy of it in with the ESA50, just to cover yourself. If you can - send it recorded delivery. You then have proof of postage - your choice though.

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I had just found the space at the back of the form about why it's being returned late, and after a number of bad experiences I always at least get proof of posting.

 

First draft of the form done. It's taken me nearly 3 weeks and there are going to be a lot of extra pages.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 4 weeks later...

I was sent a reminder about returning the form about a week before it was due. On the day I got home (and in theory the day I also got the ESA50 form and the reminder) my partner phoned the benefits office.

 

They confirm that they did receive my letter telling them I was going away before the ESA50 was sent. However they will not give any extra time to complete the form and my benefits, due on Friday, have already been stopped. When my form arrives they will reconsider stopping my benefits but there is no guarantee that they will be reinstated. I may have to make a new claim instead. Has the world gone completely mad?

 

Of course if I have to make a new claim for ESA I will lose an awful lot of money - another cost cutting exercise?

 

If necessary I will be appealing this decision and would hope a tribunal would have a bit more common sense.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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IB should have been in my account today, and true to their word, it isn't. Luckily I'm not going to starve.

 

The form is printed and ready to post, but since I have 4 hospital appointments before next Wednesday I thought I might as well wait and add in what the consultants say since at least two of them are likely to recommend surgery.

 

Is it usual for GPs or consultants to charge for a letter of support?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks for all the info, especially the email addy.

 

Just back from the first hospital appointment and the first lot of surgery will be going ahead, but nothing to be booked until after I've seen one of the other consultants since that surgery is likely to take priority. Joy.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

Just to confuse matters I had another emergency admission before I had chance to update my ESA50 or post it, which delayed things by another week. It's now in the post (with evidence of me being in hospital) so I expect I just wait for DWP or ATOS to contact me.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

How long will this reconsideration take? I expect the answer is how long is a piece of string.

 

I posted the form (and it was delivered) three weeks ago. I have heard nothing from ATOS or DWP and will have been without money for 4 weeks on Friday. The lack of money is luckily not a major problem since I do have a partner, but being left hanging is akin to torture. The postman must be getting fed up with me by now. I've gone from dreading the brown envelopes to hoping every day that one will turn up and I'll know if they've allowed good cause for submitting the ESA50 late or if I'm going to have to appeal.

 

On the other hand, if they don't reconsider then I will appeal, I'd have thought a tribunal would find that notifying the DWP I would be away and being in hospital is a good reason for returning the form 2 weeks late so I will eventually get all my back pay, but in the meantime I'd have successfully delayed the whole failing the medical and/or only getting paid for a year thing.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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yeah you could goto appeal and win for the reason you stated by delaying a medical for 9 months rather than a quick reconsideration, of course during that wait tho you are without money so as you said it depends how well you can manage without it, snce only 3 crisis loans are possible. On the other hand the alternative is getting the reconsideration and then passing the medical anyway which is overall less stressful. Although it does seem those who dont get the points without a medical rarely get the points from the medical.

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it may be worth phoning to chase the decision, I know you are not desperate for the benefit its just the frustration of the wait but recently I have dealt with a case when the customer failed to return the ESA 50. IB was closed she appealed last November and just won that appeal....

So IB and IS reopended for now..

Not all appeals take this long but there is a backlog...

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I don't do phones and there's no one around at the right time to phone for me at the moment. If I still haven't heard by the time things get sorted, I'll get someone to phone. The form went back to ATOS but I suppose DWP would make the decision?

 

I also suppose it's possible that the decision has been made and the first I will know is when I get an ATOS appointment.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Now I'm confused. Benefit paid as normal today, including back pay. I presume that means the reconsideration was successful and the next thing I'll get is the appointment.

 

Funnily enough I actually got a brown envelope yesterday but it was just telling me my DLA had gone up 2 weeks ago.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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They have put your IB back into payment and lifted the suspense.... They have accepted your reasons on late return of the ESA50.. The process will now go ahead and you will either get a medical or they will put you straight on to ESA.

Good luck....

 

DLA has gone up its just the notifiction letter. It went up 13th April and would have gone out then, letter must have had a detour lol....

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Funnily enough I actually got a brown envelope yesterday but it was just telling me my DLA had gone up 2 weeks ago.

 

That's odd. I've been on DLA since 2008. Each year I've got the letter 2 or 3 weeks before it's due to go up. Never had it late.

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It isn't the actual processors who send the letters it is the very outdated computer system which is no longer fit for purpose!

I have seen letters posted out with decisions about current claims with the date printed as 1840 etc sometimes the computer inhibits letters automatically, and sometimes when I have a customer who comes in to query a sanction imposed on teir claim for whatever reason (usually JSA customer) the computer has failed to send the letter and also once the letter has been prnted the responsibility of the delivery of that letter falls to royal mail s ther are several areas that can delay or inhibit the letters arrival sorry.

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I don't mind the letter being late, the contents made no difference to me since I'd already been paid and I'd noticed it was more and, being April, worked out that I'd had an increase.

 

It's just the mere sight of a brown envelope now induces palpitations. DWP seem to be the only people that use them now.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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It didn't take a month to arrive, it was dated 3 days before I got it. It just took them 2 weeks to get around to telling me about the increase.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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