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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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This post goes hand in hand with another recent post I made re esa.

 

Prior to getting said recent esa50 form I'd had a conversation with a welfare rights chap who came out to my house.

 

After being newly diagnosed with ms I wanted to get some advice on how to keep them (the dwp) in the loop and how best to go about it.

 

I'd already updated the JC (after being called in on a 'wrag' group) and let them know my condition.

The WR guy advised me to write in to esa anyways and update them and suggested that I ask them to move me to support group instead of wrag.

 

Now the only reaction i've had from esa since then is the posted out esa50 form.

I'm not certain that this has happened because I wrote to them or not, though I did specify in the letter that my mental health condition was the same and that the MS was an additional condition and that it wasn't a new claim that I was making.

 

Now I have this esa50 to fill out which ok, at least it will put them fully in the loop (which given the letter i wrote, along with attached note from neurologist re the ms, they should have been anyways!) and at least I can fully clarify all this with them now.

 

My query is this...

Having seen some posts on here regarding moving to 'support group' esa and the probs it can cause re claims I just wanted to ask on here if mentioning the WR guys advice about 'support group' in the letter I send with the esa50 is my best option at this time and is it likely to cause more probs than it solves by mentioning it?

 

I am being treated for hyper tension, anxiety & depression, panic attacks and now ms.

 

The ms makes me feel very fatigued and worn down at times as well as random bouts of muscle spasms, feelings of heat on neck and face and various other symptons too long to note down here and being a recluse anyway and with the added mental health problems i can see why the support group would be a good step for me.

 

I am just wary of 'rocking the boat' as it were as I've read that updating a claim can cause more issues than it solves because of the way dwp handles these things.

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You could have been due another WCA soon anyway as the decision regarding WRAG would be unlikely to be indefinite, or they may have sent it as a result of the informaton you provided....so they may have been sending the waves to rock your boat anyway I'm afraid.....and you are obliged to tell them of every change in your condition so you have done just that....

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...so they may have been sending the waves to rock your boat anyway I'm afraid.....and you are obliged to tell them of every change in your condition so you have done just that....

 

Thanks slatted, it's whether I should push forward for the SG, as the welfare rights guy advised that concerns me though and whether I should include his advice with a letter when I send in the esa50.

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I personally do not think you can state what the Welfare Rights person said as it is unlikely that he is medically trained and therefore his opinion would be irrelevant to ATOS etc (lets face it they have enough trouble taking on board the opinions of GPs and Consultants!).:|

 

I would also think twice before trying to indicate the Group that you think you should be placed within as that decision is to be drawn from the information you provide, and any WCA they believe necessary.

 

In fact I would not want to be seen to be telling them their job as it may have the opposite effect!

 

What I meant in my response is that the decision about the group (i.e WRAG or Support) will be included in the process that is apparently underway, as implied by the new form arriving. The information you supply, of a medical nature, both on the form and in any other evidence (ie. specialist report, GP letter) will determine whether DWP believe you should be placed in the Support group, remain in WRAG or (hopefully not, are fit for work and need to consider claiming JSA!!)....

 

Have you seen the descriptors that apply to eiligibilty into the Support Group? You will need to ensure that whatever you provide in evidence shows how you may fit within these....it is as "simple" as that...:-(.

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:-)

Ok, thanks for that advice. I'll fill the form out and get it sent off to them.

 

Good Luck. Hope you get the result you want and deserve. Don't forget you can always appeal if not..... :-)

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