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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Not happy with the Pensions Service


petes
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My wife and I are both retired.My wife is disabled and receives DLA.I receive Carers Allowance.

My wife also receives pension credit(savings) and has two small private pensions.I also receive a private pension(income drawdown).

In December 2012 I had a 5 year pension review and my pension was slashed from £560 per month

to £250 per month due to new GAD rates being imposed.

We advised DWP of a change in circumstances on 20th dec 2012 and despite phoning them every 2 weeks we have received nothing.

Our meagre savings have now been used up and we are now worrying about paying our bills particularly the mortgage which is £515 per month.

I have raised a complaint with the DWP and now don't know what else to do.

Can anyone advise.

Thank you.

 

There must be something wrong with the Pension Service. My first claim was put in in Sept 09 first payment Jan 10, suspended in Aug 10 and terminated in March 11. Why? all because they had the wrong figures from one of my pension providers.

 

I then got a job and gave up with them - didn't need them anymore.

 

Made a claim 12th March 2013 and they requested evidence on the 9th April 2013. Wow, must be a record!! Anyhow They are the ones that are now pushing to get the award out (£118 a week due + Housing costs of £69 a week). So the tables have been turned. I'm making life very difficult for them for a change - evidence one bit every couple of weeks, 'misunderstanding what they want'. ignoring their 'urgent' (so they say to my wife) telephone calls, cancelling at home visits for 'medical reasons'.

 

I've gone from 'Customer Services' looking at the claim to a 'Specialist Decision Maker' whatever that is when it is at home.

 

They have now put me on a 30 day time limit to co-operate - runs out 9th May 2013.

Telephoned today and told the guy who answered the phone that that isn't enough time to get it all together - 'don't worry' he said 'I'll get them to extend the deadline - I do this all day long for people'. Told him that if they do shut me down, a new claim will be in the post within 24 hours with a request to backdate to 1st March!!

 

Hoping to string them along for as long as it took them to sort out my first claim -3 months!!

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Petes so you are not in need of money?

You might not get any backdating because you failed to comply with requests for information, and guess what? It would serve you right!

 

DWP/Pensions staff are working to tight timescales on limited resources. We're not all idiots nor do we deliberately delay putting a claim into payment. We rely on information from other agencies and sometimes it can take a while. I am sorry your previous claim was delayed and suspended but your actions aren't solving or gaining anything

scotgal 

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Petes so you are not in need of money?

You might not get any backdating because you failed to comply with requests for information, and guess what? It would serve you right!

 

DWP/Pensions staff are working to tight timescales on limited resources. We're not all idiots nor do we deliberately delay putting a claim into payment. We rely on information from other agencies and sometimes it can take a while. I am sorry your previous claim was delayed and suspended but your actions aren't solving or gaining anything

 

Of course the money would come in handy. But I put into place a contingency fund that will see me through the next few months. To be honest whilst the claim was submitted in early March, I am fully aware that my actual entitlement cannot start until the 28th March due to other income coming in up to that date that takes me over the 'Appropriate Amount'. All that the Pension Service can do is treat my claim as 'defective' and close it. It would have no bearing on a new claim with a request that it be backdated up to 3 months.

 

Do I particularly care what the DWP/Pension Service have to cope with? No, not at all, that is their problem. The more of their time that I waste the better I will feel and in a way feel compensated for the shambles that they created back in 2010 with that claim.

 

No I agree, the Pension Service for a change are actually 'pushing' to get my claim into payment. Totally different than it was back in 2009/2010 when I used to hear nothing for months on end.

 

No as I have already said, nothing can change the stress that I suffered at the hands of the Pension Service in the past. Do I just cow down to them now because THEY want to deal with it faster than they previously did? However, it does give me some level of satisfaction that I am causing THEM for a change, disruption and annoyance and no doubt playing havoc with their targets.

 

As I have said previously, I intend to string them along for as far as I can take them - money isn't everything, the feeling of taking control over the way they deal with my current claim gives a far better feeling of satisfaction.

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I think you are being very selfish. You are forcing the DWP to spend time chasing you when that time could be spent helping more co-operative claimants who are actually in need of the money they are claiming. I only wish I could show this thread to whoever is dealing with your claim

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I totally agree Ros, this kind of thing makes me sick, genuine people waiting longer so that someone so far up their own rear end makes their own amusement.

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I think you are being very selfish. You are forcing the DWP to spend time chasing you when that time could be spent helping more co-operative claimants who are actually in need of the money they are claiming. I only wish I could show this thread to whoever is dealing with your claim

 

Selfish??? Where were you when I made my first claim in Sept 09, the first payment was made on the 20th January 2010, without housing costs?

 

I made a total of 42 telephone/letter contacts with the Pension Service between September 2009 and August 2010. I received just one written reply and no return telephone call!

 

When they by the time they closed the claim down in February 2011, I had never received a penny in housing costs and had no GPC from August 2010.

 

And you call me selfish!

 

Now that the tables have turned, and they have decided to get their act together with this new claim, I am supposed to jump when they say 'Jump'.

 

Be advised there is no need to contact the Pension Service - they know full well what I am about - I wrote and told them that I will use every excuse and regulation to make their life as difficult as I can. Maybe that is why I have a 'Specialist Decision Maker' dealing with this claim?

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I totally agree Ros, this kind of thing makes me sick, genuine people waiting longer so that someone so far up their own rear end makes their own amusement.

 

All I am doing is exactly what they did to me in 2010.

What would you do if say the DWP shafted you for well in excess of £10,500 of benefit that you were entitled to?

Take it on the chin and walk away? Or would you fight back in the only way possible?

Edited by petes
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I'm confused, petes stated a few days ago that he gets £650 a week in benefits and retired at 60.

 

That is what I should be getting if and when the Pension Service make the award of approx. £180 a week including housing costs of £69 to which I am entitled to.

 

Up to now they owe that figure as from the 29th March 2013, £720 and counting. By the time I have finished, the debt should be in the region of £1800 and they would have taken from the 13th March 2013 until mid June to sort it out. So far they have had three letters to which I haven't received a reply - so that now warrants a formal complaint.

The MI12 is being held back by me from the bank to see how long they take to get in touch with me to say that the bank hasn't returned it. That should keep them busy for the next 12 months. Obviously that will result in another formal complaint - intolerable delay in awarding housing costs!

Edited by petes
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That is what I should be getting if and when the Pension Service make the award of approx. £180 a week including housing costs of £69 to which I am entitled to.

 

Up to now they owe that figure as from the 29th March 2013, £720 and counting.

 

No, you stated you were getting £650 a week - where does the rest come from? If you are getting £400 a week in other benefits, you hardly need a contingency fund.

 

Edit to add:

 

Just to remind you, this is what you posted:

 

What is the problem with people asking and for others being honest and saying

that you are?

 

The normal questions I get are "how do you manage now that

you don't work - I'll bet it is a shock to the system?"

 

I tell them

straight that I am on benefits which taking everything into account gives me a

similar income as I used to get when I was working.

 

Some ask, and I tell

them - "in total about £650 a week - why do you think I retired at 60!" That

soon shuts them up!!

 

Personally I don't care what others think or say or

even how they treat me. I've grown a thick skin in my employment which now

serves me well.

 

One thing that irritates people is when I comment that I

don't get out of bed before 9am anymore and plan my day to suit myself and my

wife.

 

I really would like to see the first guy to try to make any

comment that I consider is out of order.

Edited by estellyn

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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