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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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      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.  

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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.

      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
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Pension Credit Guarantee AND State Pension.


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If there is a claim for Pension Credit made, the amount of State Retirement pension is deducted from it. That seems totally logical to me.

 

If however you choose not to claim the pension for whatever reason AND make a claim for Pension Credit you cannot enhance the level of that pension either to obtain a future lump sum or an increase in the pension.

 

I then read that if you do not claim the pension AND claim Pension Credit, the amount of the pension you are deemed to be entitled to will be deducted from the Pension Credit award in any event?

 

As there appears to be a cut off of 12 months to make a claim for your pension, what I would like to know is:

 

If someone claims Pension Credit and does not make a claim for their State Pension for say 9 years and as you can only reclaim the past 12 months, what happens to the missing 8 years in that example?

 

I do hope that the answer isn't that the government take it?

 

The reason I ask is that the friend I am trying to advise appears to have this problem. I have tried to reconcile their total income, have looked at their Pension Credit award notice which shows a deduction for his wife's pension, yet she appears not to have claimed it for the past 9 years - she is 69 and older than my friend by 5 years.

The current deduction level is £64.27 per week.

They have an AIP that ends next February on the date of my friends 65th birthday.

 

In round figures she is owed approx. £30,000, which if the claim is only limited to 12 months, she would only receive approx. £3300 - it's the missing £26700 that I am concerned about.

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In round figures she is owed approx. £30,000, which if the claim is only limited to 12 months, she would only receive approx. £3300 - it's the missing £26700 that I am concerned about.

 

Yes, I can see that's a concern and it's kind of you to help her. Has your friend tried the CAB for example?

 

HB

Illegitimi non carborundum

 

 

 

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If someone claims Pension Credit and does not make a claim for their State Pension for say 9 years and as you can only reclaim the past 12 months, what happens to the missing 8 years in that example?

 

Its given to poor MP's to heat their second homes,

(Or am I being cynical here?)

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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In round figures she is owed approx. £30,000, which if the claim is only limited to 12 months, she would only receive approx. £3300 - it's the missing £26700 that I am concerned about.

 

Yes, I can see that's a concern and it's kind of you to help her. Has your friend tried the CAB for example?

 

HB

 

Thanks HoneyB once again.

 

I can only do what I can do unfortunately. Between us both it is akin to the 'Blind leading the blind'.

 

Yes CAB were contacted a while ago by my friend when he thought he had a problem but didn't realise how big a problem it was. All that they suggested was for her to apply immediately for her pension and ask for it to be backdated 12 months at least. As for the earlier years they simply don't have the staff to advise on that matter.

 

All of this has come about due to his illness and inability to deal with his wife's and his own financial affairs. What with the DLA problem and failure to deal with the refusal to award back in 2005 and the failure to deal with his wife's pension when she became 60 also at the same time.

 

My own analysis of the problem, and assuming the worst (that no monies will be paid by the DWP for both situations) it is looking like a loss of £26700 of State Retirement pension plus the loss of the DLA award which by my own calculations adds up to another approx. £31200.

 

I cannot believe that there aren't many others in this same situation with what appears to be a cynical way of reducing payments to eligible people in the interest of reducing the Welfare budget. I think that Mr Osbourne should send a letter of thanks to my friend for the generosity of 'donating' something like £58,000 of entitlement to the Welfare Budget pot!!

 

I shall plod on asking questions of anybody and everybody in the hope that some light may be shed on a possible solution.

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Its given to poor MP's to heat their second homes,

(Or am I being cynical here?)

 

Thanks, no I don't think you are being cynical. I doubt very much that any MP would find themselves in this same position of having not claimed £58,000 when it was there for the asking!! Maybe a new duck house??

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Have you rang The Pension Advisory Service - I had an online chat with them about claiming an ill health pension from my previous employer and they were very helpful and worked out rough figure on how much tax I would pay etc. I have just got ESA Support Group so they felt I should apply for ill health pension as ESA is £106 per week but then pension would be £300 per week . Give them a try

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On Pension Advisory Service home page look at second column from right, hallway down page there is a brown contact us box and below the phone number and email there is web chat - click on that if you don't want to call an 0845 number - its live online chat 9-5 weekdays

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Where any of them receiving any income in the past 8 years as this is deducted from the Pension Credit even if it is an occupational pension? What other benefits did they receive in the 8 years? If they have been making the deduction incorrectly for the 8 years, then the full amount would have to be refunded without the 12 month cut off limit.

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Where any of them receiving any income in the past 8 years as this is deducted from the Pension Credit even if it is an occupational pension? What other benefits did they receive in the 8 years? If they have been making the deduction incorrectly for the 8 years, then the full amount would have to be refunded without the 12 month cut off limit.

 

Thank you

 

Yes they were receiving other income during the period and it was deducted before the Pension Credit payment was made. Pension credit was a 'top up'.

 

The Pension Credit payments, it now appears, were showing a deduction for the State Pension that had not been claimed. It seems that they are allowed to do this automatically.

 

My only chance for them to recover some of this money is to hope that the Pension service will treat it as a deferral and either increase what they have now claimed or pay it as a lump sum.

 

However from what I have read, since 2010 this is not possible and any pension not claimed and it has been used to reduce the level of Pension Credit will be lost. I'm just hoping that prior to 2010, this wasn't the case.

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If they made the deduction it is an "official mistake" and they should be able to reclaim as there was a physical deduction. I would think the difference would be if it was never claimed for at all. I think the best bet is to speak to someone at CAB or a person with more knowledge in benefits and pensions.

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If they made the deduction it is an "official mistake" and they should be able to reclaim as there was a physical deduction. I would think the difference would be if it was never claimed for at all. I think the best bet is to speak to someone at CAB or a person with more knowledge in benefits and pensions.

 

Bit of an update

 

The latest 'advice' that was received today from the Pension Service was that they are right!!!

 

The pension income is quite rightly deducted in the Pension Credit calculations on the basis that it is deemed to have been claimed and is in payment. If for some reason that it wasn't claimed then that is entirely the choice of the person concerned. They say that you cannot choose between having Pension Credit over claiming the State Pension.

 

The pension is there for the claiming and it is assumed that such a claim has been made.

 

And yes, they were right, you can only backdate a State Pension claim for 12 months. The other 8 years have now been lost and cannot be paid. 'Complaining now about money that she was entitled to but didn't claim is down to her and nobody else!'

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Most Interesting thread, and food for thought thank you

 

A quick question, I currently receive guaranteed Pension Credit, and in a years time I am eligle for State Pension, is it best to consult PensionService nearer the date for best option or??

 

From what I have managed to get out of the Pension Service is that they will write to you (here's hoping that the letter is delivered!) about 3 months before the pension is due to be paid. It is then up to you as to whether you want to claim it or not. Whatever you do, the Guaranteed Pension Credit will be revised from when the pension is payable on the basis that you are receiving it. If you choose not to claim it not only will you have a reduced Guaranteed Pension credit award but if the pension remains unclaimed after 12 months you will lose it altogether - you can only get 12 months backdated. So if you feel generous towards the government and want your pension to go to a better home, don't bother claiming it!!

 

It seems that up until 2010, if you put off claiming your pension you could get it enhanced when you did claim it - that was stopped. Now it is as simple as claim it or lose it!

 

We will never know how many people do actually lose out in this way but I know one that has in a rather big way - £25,000!! I didn't realise that you don't get your state pension if you fail to ask for it. I thought that it was paid automatically on reaching retirement age. I wonder how many others think the same?

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