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    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
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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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INDEFINITE and/or LIFE TIME


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Do you have a copy of the policy - terms and conditions ?

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Ah right, I see you are making a comparison against a private company as opposed to the government award. Gotcha !1

 

TBH, I really dont know if it is legal or not - If you do have a lifetime or indefinite award, short of them providing absolute proof that you have no entitlement - then I am not sure how the "government" can renege on that.

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sorry citizenB, I was thinking about I.B as I had an a life time/indefinite award and now it has change as we all know.

what gov. is doing is it legal?

 

Yes, it is legal. A life insurance policy is governed by civil contract law, and as CitizenB noted, the terms and conditions will dictate what each party to the contract is required to do.

 

Benefits are not governed this way. Parliament passes laws that define how benefits are paid.

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TBH, I really dont know if it is legal or not - If you do have a lifetime or indefinite award, short of them providing absolute proof that you have no entitlement - then I am not sure how the "government" can renege on that.

 

The key here is that while the government is bound by its own laws, it is also able to change the laws. So if the party in government doesn't like lifetime entitlement to IB, it just legislates it away. Simple, elegant and perfectly legal - albeit reprehensible.

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Thanks antone, that makes things a lot clearer :)

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The key here is that while the government is bound by its own laws, it is also able to change the laws. So if the party in government doesn't like lifetime entitlement to IB, it just legislates it away. Simple, elegant and perfectly legal - albeit reprehensible.

I have stated previously that if the DWP/DLA have stated you are 'Disabled for life' and you then get denied the same rate of PIP, they cannot simply wipe that away with a few bits of paper. They may think they can but I suspect a High Court Judge and the ECHR will think differently.

People have had to change their entire lifestyles and made life changing decisions based on the DLA's statement that they were Disabled for life. I would go so far as to say that a Contract existed, though that would need to be tested. But they cannot get away with stating one thing then simply changing their minds without being challenged and facing the consequences should they then lose.

I will be quite happy to challenge them in court and then the ECHR should my DLA/PIP be reduced.

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I have stated previously that if the DWP/DLA have stated you are 'Disabled for life' and you then get denied the same rate of PIP, they cannot simply wipe that away with a few bits of paper. They may think they can but I suspect a High Court Judge and the ECHR will think differently.

People have had to change their entire lifestyles and made life changing decisions based on the DLA's statement that they were Disabled for life. I would go so far as to say that a Contract existed, though that would need to be tested. But they cannot get away with stating one thing then simply changing their minds without being challenged and facing the consequences should they then lose.

I will be quite happy to challenge them in court and then the ECHR should my DLA/PIP be reduced.

 

Go for it - I don't post these things because I agree with them, but because I think I'm reading the law correctly. I would dearly love to be proven wrong. I do think it's a stretch to say that a "contract" exists between a benefit recipient and the government, but if someone can make that view stick, heck, I won't be arguing.

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Go for it - I don't post these things because I agree with them, but because I think I'm reading the law correctly. I would dearly love to be proven wrong. I do think it's a stretch to say that a "contract" exists between a benefit recipient and the government, but if someone can make that view stick, heck, I won't be arguing.

 

I do think a contract exists, on a basic legal basis there is offer and acceptance. I accept the fact that THEY state I am Disabled for life. They made that decision not I, their offer was Incapacity benefits and DLA. They would pay me those benefits based on a set of contractual rules which I had to follow. There are other issues which I consider form a contract but I'll pass over them at the moment.

But apart from the contractual argument:

Because of decisions THEY made, I was forced to make life changing decisions that I might not have otherwise made if they had not said that. By making that decision that I was Disabled for life they made me (and many others) enter into a mental state, that we effectively had no future, no hope, no chance and we had to change our life to meet those challenges.

There are many decisions that I had to make back in the early 90's that, had they not told me I was Disabled for life that I would not have made.

They cannot simply wipe those decisions away with a few pages of new rules, without some fists and strong words flying. If they now are moving the goalposts telling some of us we are NOT Disabled for life then someone is responsible.

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I do think a contract exists, on a basic legal basis there is offer and acceptance. I accept the fact that THEY state I am Disabled for life. They made that decision not I, their offer was Incapacity benefits and DLA. They would pay me those benefits based on a set of contractual rules which I had to follow. There are other issues which I consider form a contract but I'll pass over them at the moment.

But apart from the contractual argument:

Because of decisions THEY made, I was forced to make life changing decisions that I might not have otherwise made if they had not said that. By making that decision that I was Disabled for life they made me (and many others) enter into a mental state, that we effectively had no future, no hope, no chance and we had to change our life to meet those challenges.

There are many decisions that I had to make back in the early 90's that, had they not told me I was Disabled for life that I would not have made.

They cannot simply wipe those decisions away with a few pages of new rules, without some fists and strong words flying. If they now are moving the goalposts telling some of us we are NOT Disabled for life then someone is responsible.

I can not agree more with you I am in same boat

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Yes, it is legal. A life insurance policy is governed by civil contract law, and as CitizenB noted, the terms and conditions will dictate what each party to the contract is required to do.

 

Benefits are not governed this way. Parliament passes laws that define how benefits are paid.

Yes you are right but once it has agreed by law can this changed ?

i just read some where that once it is in writing it can not be changed however for new claiment it is new rule and new law dose apply.

I personaly think this is wrong

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