Jump to content


  • Tweets

  • Posts

    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

confused about letter


stalagtite
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4076 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I attended a INCAPACITY BENEFIT medical onthe 19th December last year heard nothing until the 5th February this year when DWP rang me to clarify a couple of medcal points, after the conversation the lady told me that she was happy to tell me that I would be transferring to the new benefit (forget the name) she concluded by saying she will be writing to confirm this, and also that I would be requiredd to attend another medical in about a years time.

 

Heard nothing until yesterday when a P45 came through the post, no covering letter.

 

Any advice welcome

Link to post
Share on other sites

The P45 I Think is unconnected with the benefit claim.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If transferring from one benefit to another is a seperate account, then I think it could be classed the same as going from one job to another in which case you would get a P45 from the employer you are leaving.

 

I would think this is good news for you as it means they have ceased the incapacity benefit.

Link to post
Share on other sites

:stalagtite:

Name of the new income replacement benefit is employment and support allowance.

If you've received a P45 (as opposed to a P60 or a coding notice) it indicates that either Jobcentreplus've refused your claim for employment n support or there's been an admin error. I'd advise that you contact your benefit delivery centre to find out what's happening.

Best wishes, Margaret.

Link to post
Share on other sites

:stalagtite:

Name of the new income replacement benefit is employment and support allowance.

If you've received a P45 (as opposed to a P60 or a coding notice) it indicates that either Jobcentreplus've refused your claim for employment n support or there's been an admin error. I'd advise that you contact your benefit delivery centre to find out what's happening.

Best wishes, Margaret.

I received my p45 when I was put on WRAG

Link to post
Share on other sites

:stalagtite:

 

Regardless of the P45 situation; by law, you should've received written notification of your entitlement to employment n support allowance. The only way you're going to know for sure is to chase Jobcentreplus.

 

Fingers crosssed for good news, Margaret.

Edited by **Margaret**
Link to post
Share on other sites

Did you get a letter with the P45? I think that when I went from JSA to ESA, I had my P45 and then another letter stating "your JSA claim has been closed because you're now claiming another benefit". You may get a letter saying similar tomorrow.

Link to post
Share on other sites

I received my p45 when I was put on WRAG from incapacity benefits.

I appealed and stated i should be in support group after 13 months my appeal was heard, i won im in support group now.

 

You should ring and find out what's happening.

Good luck.

Link to post
Share on other sites

I received my p45 when I was put on WRAG from incapacity benefits.

I appealed and stated i should be in support group after 13 months my appeal was heard, i won im in support group now.

 

You should ring and find out what's happening.

Good luck.

I have appeal waiting for tribunal dates all supporting document are getting ready

Link to post
Share on other sites

Receipt of P45 is to do with the tax situation, depending on the type and length of previous IB award and the move to ESA.

 

P45(IB) details

 

Following reassessment, for all cases, allowed and disallowed, an individual’s Incapacity Benefit will cease and P45(IB) details will be issued by DWP

 

  • Form P45(IB) is issued where we have previously held a primary IB employment
  • Form P45(IB)(O) is issued where the IB amount has previously been coded out
  • For all successful claims, the end date for the IB will be shown as the day before the ESA start date

Here is a HMRC link for more specific information.

 

http://www.hmrc.gov.uk/manuals/pommanual/paye77210.htm#IDA2GGKI

Link to post
Share on other sites

you can also get a P45 for been kicked of IB as thats also a cease. If you have no letter confirming the new benefit then check your bank account, and if nothing there I suggest you ring to check the status.

 

I got a P45 when I lost my IB following a missed WCA, but didnt get another P45 when i went over to ESA.

Link to post
Share on other sites

Indeed. The P45 always seems to like traveling alone. I got one each time my ESA was refused. Although, due to the time lapse, I'd already initiated a new claim.

Link to post
Share on other sites

Rae I so admire you, and am so glad your situation is now sorted for the time being. Am awaiting the next bout, and am glad I read this about P45 or I would have gone into anxiety orbit had one arrived, at least now I have half an idea what to do.

 

I don't remember if I got one when they kicked me off IB, but I truly don't remember much at all, its only reading old paperwork , letters and posts that I know.

 

Amazed that they cant sent these things with some explanation, but then what would I really expect.

Link to post
Share on other sites

Well its all sorted now, rang DWP and one dept stated I received the P45 because the IB had ceased i.e been taken off IB, I then told her that I had been previously told verbally that I was been transferred to ESA, she then said she would check her system!

She then said ah yes you have been transferrred to ESA, and then put me through to another dept.

 

The other dept confirmed my IB had been transferred to ESA, although there were no additional notes, no letters sent out, no details of points or payment dates, all she said was That I should be paid now on a friday instead of a wednesday, should still be paid Fortnightly, if I wasnt paid this Friday gve them a call back.

Also had to send them the P45.

 

Moral of story is that you will receive your P45 when you come off IB regardless if you are being transferred to ESA, HOWEVER you should have received a letter from DWP confirming your status before the P45 is due to arrive

 

Many thanks for all of the replies and advice received

Link to post
Share on other sites

Rae I so admire you, and am so glad your situation is now sorted ...

 

That's kind of you to say, Ruby, and I'm somewhat relieved too! Nowt to admire, though I'm quite happy to be used as an example that. if you're medically unfit for work, ESA is the only game in town. You have to stay on the magic roundabout and believe you'll get there in the end. JSA was never a possibility.

 

Glad you've got your problem solved, stalagtite.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...