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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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the best option for a person with fluctuating mental illness


Emma15
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I'm writing on behalf of a friend who has had longstanding mental health problems - 20 years of on and off psychosis - her illness fluctuates and so she will be fine for several weeks or even months and then crash psychotically and have a relapse which can result in her being suicidal. When she is well, apart from being very unfit physically (morbidly obese) due to the medication she's had to take, she seems okay and would likely fail an application for the support group of ESA if they just go by appearances and whether she can make a cup of tea.

 

She's asked for me help to find out what her best options are, because she's very stressed over the situation with the benefits. She is on incapacity related income support at the moment and gets the severe disablement allowance along with that because she claims low rates of dla. She's in regular contact with a cpn.

 

While she is well she is able to do several hours voluntary work a week, which has been important for social contact apart from visits from family every 3 weeks or so.

 

If she got a part-time paid job for less than 16 hours per week, would she automatically be reassessed for ESA (and taken off incapacity related income support) because her situation would change and she would be earning a small wage? If so, would she automatically lose her severe disablement allowance because she had a job? She is scared of losing her allowance because she finds it hard to budget and also is significally worse mentally if she doesn't take omega oils amongst other supplements (she is also diabetic now due to the antipsychotic) and might not be able to afford them. If she would lose the allowance, does anyone know how much she can be expected to manage on per week?

 

If she was assessed for ESA because she got a job, would she have to attend an interview? Would they automatically reassess her dla too?

 

She's not even sure that she would manage a number of part-time hours, but would rather be proactive and look now for something suitable (low stress) than wait and perhaps get forced back into the job market because her support would suddenly be cut.

 

 

Thanks for any help.

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DLA is based on care and /or mobility needs. Getting a job won't automatically trigger a review.

 

Has your friend looked in something called permitted work? She can work for as many weeks as she wants and keep the first £20. More information here

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Thanks for your reply. Having looked at permitted work I'd be amazed if there were any paid opportunities for her near to where she lives where an employer would be willing to supervise her - its competitive for the few jobs that there are. She was thinking more of not declaring to them her situation and looking for any regular shop work or clerical work - I doubt very much that anyone would employ her if she was open and honest about her past health situation. Either that, or if she couldn't find paid work, doing more voluntary work.

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I wanted to update on this thread because having talked more with my friend and with more insight into her situation, i really don't think that she would cope with even a part-time job at the moment. Even though she is quite intelligent in some ways, she simply does not seem to have the life skills to cope when it comes to budgeting, managing a home - keeping it clean, as at times she can't even keep herself clean. I'm cross at the way such pressure is being put on people who are mentally ill - since it is often impossible to evaluate at a one-off interview and is often made worse by day to day stresses that most people take for granted.

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I wanted to update on this thread because having talked more with my friend and with more insight into her situation, i really don't think that she would cope with even a part-time job at the moment. Even though she is quite intelligent in some ways, she simply does not seem to have the life skills to cope when it comes to budgeting, managing a home - keeping it clean, as at times she can't even keep herself clean. I'm cross at the way such pressure is being put on people who are mentally ill - since it is often impossible to evaluate at a one-off interview and is often made worse by day to day stresses that most people take for granted.

 

Is she well enough, able to, or interested in studying (specifically at higher education level)?

 

Because full-time students are not expected to seek work. It 'pays', too, via the student finance system, plus extra allowances for disabled students.

 

However, some elements of studying (and its funding) affect some benefits. It doesn't affect DLA, but there are implications for Income Support, I.B./ESA and Housing Benefit. Council Tax benefit is irrelevant because (assuming she lives alone), FT students gain council tax exemption, anyway.

 

However, there are various rules and exceptions for students of certain disability, household and income statuses, so it's a plan she'd need to hash out with an experienced adviser, before taking the plunge.

 

If it's something she's at all interested in, it's worth having a look at, with the right advice. Any university worth its salt will have very comprehensive support systems in place for disabled (inc. mentally ill) students. Moreover, even if she doesn't have the right qualifications to gain entry, this is also negotiable in most cases for 'mature' students.

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Is she well enough, able to, or interested in studying (specifically at higher education level)?

 

Because full-time students are not expected to seek work. It 'pays', too, via the student finance system, plus extra allowances for disabled students.

 

However, some elements of studying (and its funding) affect some benefits. It doesn't affect DLA, but there are implications for Income Support, I.B./ESA and Housing Benefit. Council Tax benefit is irrelevant because (assuming she lives alone), FT students gain council tax exemption, anyway.

 

However, there are various rules and exceptions for students of certain disability, household and income statuses, so it's a plan she'd need to hash out with an experienced adviser, before taking the plunge.

 

If it's something she's at all interested in, it's worth having a look at, with the right advice. Any university worth its salt will have very comprehensive support systems in place for disabled (inc. mentally ill) students. Moreover, even if she doesn't have the right qualifications to gain entry, this is also negotiable in most cases for 'mature' students.

 

 

Thanks for your reply. I'm not sure if she could cope, but it sounds like its certainly worth thinking about. However, she does not live near a university so it would mean losing her flat (as it is rented) and moving into a rented room near one - she would probably have to sell all her furniture and downsize, as she would be strapped for cash and wouldn't be able to afford removal fees and start up costs to living in another property which are quite a bit now.

 

She'd be more likely to cope with a university course if someone helped her with her finances. When you say that she'd need to thrash out a plan with an adviser, do you mean from somewhere like a jobcentre or is there someone she could speak to who would be more help? In the past, they haven't been very helpful at all.

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Open university is another option. And it's part time.

 

Good idea - I'm an OU student and could not recommend it highly enough.

 

However, the financial package is different on the OU than with other universities.

 

But, but, but, it is moving more in line with the same package as other universities, with changes happening pretty much now.

 

Emma15, as for where to get advice from, I'd recommend an independent body over a gov. dept. The CAB and local law centres are very good with this kind of things. Some local councils and/or housing associations also offer advice of this nature. Most towns in the UK will have some sort of advisory service available to residents for all kinds of matters, including this kind of thing.

 

You don't necessarily have to live near a university in order to study at it. Many further education colleges up and down the country offer HE courses validated by 'local' universities, even when the university isn't very close. My local college grants degrees validated through Lancaster Uni (one of the best in the country), and I live nowhere near Lancaster. http://www.ucas.com is the best (and official) place to search for courses, and will also list non-university 'colleges' that offer degrees in partnership.

 

Most colleges and universities offer financial advice services, with whom budgets and such could be discussed both before and after enrolment.

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I'm an OU student too. Benefits shouldn't be affected whilst studying with OU.

 

What I meant was, the OU doesn't (or more accurately, didn't) provide much in the way of an 'income' for students, in the way that students at other universities can secure loan and grant packages that under the right financial and personal circumstances can add up to many thousands of pounds. In understand that the OP is concerned that her friend might be pushed onto ESA with a requirement to seek work at some point, that she's ill-equipped for.

 

However, as a transitional fee student (with no access to any kind of financial support), I don't know what kind of 'cash' incentives OU study will bring from 2012 onwards, because I haven't had to research it myself.

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