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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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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.
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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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GL24, no longer valid?


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At least that's what JCP told me today when I asked for one, but they are still available to download. Does anyone know score on this?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Because you now need a mandatory reconsideration, there is a new form called SSCS1, which goes direct to Tribunal Service following the mandatory reconsideration:

 

 

https://www.gov.uk/government/publications/notice-of-appeal-against-a-decision-of-the-department-for-work-and-pensions-sscs1

 

 

Though GL24 is still valid for decisions prior to 28th October 2013.

Edited by estellyn

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

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:osdset:

 

Presume you need to appeal the sanction. Can't believe that Jobcentre adviser doesn't understand the sanctions process. Or praps it suits her not to!

 

Anyway, since 28 October there's been a new procedure for appeals against a Work n Pensions decision. For sanctions it involves a specific request to your benefit delivery centre for a reconsideration. If the decision maker refuses to revise, you'll receive a mandatory reconsideration notice, which needs to be sent directly to the Tribunals Service with an SSCS1 form. Requests for reconsideration can be via phone or in writing, there isn't an official form. I'd suggest in writing!

 

https://www.gov.uk/appeal-benefit/decisions-made-on-after-28-october-2013

 

Best wishes, Margaret.

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estellyn/Starryeyes52 thanks.

 

Starryeyes52,

 

Yes will be asking for a reconsideration when I get the notification through that I've been sanctioned. The WP liaison person insists that it's down to Seetec to get the sanction lifted, due process and all that. I'm confident that unless JCP have a big stick and are willing to use it, Seetec will drag this out for as long as possible.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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:Clarification:

 

Neither Atos nor Work Programme Providers can sanction or terminate entitlement to benefits. And the 'WP liaison person' in question should know better. Either it suits her not to know. Or she simply hasn't been trained properly; a scenario that appears to suit the current Government's agenda. Atos make recommendations about capability for work, Work Programme Providers refer claimants to Jobcentreplus for possible failure to participate in a work focused interview/undertake work related activity without good cause. Probably true to say that some decision makers are influenced by erroneous information from Atos/Work Programme Providers. But final decisions about entitlement are the responsibility of Jobcentreplus decision makers, not Atos or providers, and certainly not Seetec who've no authority whatsoever to impose or lift a sanction.

 

And on the topic of training, or lack thereof, for Work n Pensions personnel;

 

'You can't appeal'

 

'We've stopped doing appeals'

 

'There's only reconsiderations now'

 

'We don't do GL24s any more'

 

'I'll send a GL24, probably take about a week'

 

Are all statements that I've heard personally or anecdotally from Jobcentre Advisers or Jobcentreplus Contact Centres during the last month or so. Whether by accident or design, most of them are half truths that are less than informative to an already stressed claimant who's just had a claim for benefit disallowed. And there's further confusion cos some offices are using up pre 28 October stationary, rather than the new format decision letters which refer to mandatory reconsideration for appealable decisions.

 

Lots more reading at;

 

https://www.gov.uk/government/publications/appeals-process-changes-for-dwp-benefits-and-child-maintenance

 

Enjoy :ranger:, or not, Margaret.

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The most galling thing for me lately is the attitude I've found at JCP, it's almost as though the claimant is regarded as not being part of the equation, discussions are held and decisions made that exclude the person effected, input by the claimant is discouraged. I find myself treated like a petulant schoolboy who should keep his comments to himself.

 

Any indication on my part that I am up to speed with current DWP legislation is met with hostility, the inference is that I am trying to tell them how to do their jobs. The reaction I got at JCP yesterday when I told the counter staff I had lodged a complaint directly with Mr P Fisher who is the Regional Director for JCP East London, was incredulity followed by a grilling session to ascertain just how a mere claimant had obtained the e mail address of the head honcho for the area.

 

 

I explained that as I am an active poster on many welfare rights sites, I have access to a wide range of information shared by other like minded individuals, and that the list of the e mail addresses of every single JCP Regional Director in the country was hardly a state secret. This revelation seemed to confirm the suspicion that I must be a threat to national security, or at the very least a member of the activist group Anonymous :D

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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:Oh Those Pesky Claimants:

 

Having successfully kept out of Jobcentres for thirty plus years I've not experienced that particular brand of persecution but I've had the, 'how do you know that?' from other parts of DWATO. Well err ...... I can read, and Government's current shenanigans are giving me lots of practice with everything from provider guidance n the Tatos handbook to case law n legislation.

 

Margaret.

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:Oh Those Pesky Claimants:

 

Having successfully kept out of Jobcentres for thirty plus years I've not experienced that particular brand of persecution but I've had the, 'how do you know that?' from other parts of DWATO. Well err ...... I can read, and Government's current shenanigans are giving me lots of practice with everything from provider guidance n the Tatos handbook to case law n legislation.

 

Margaret.

 

I would happily not cross JCP's threshold again, unfortunately ESA WRAG claimants still have to deal with JCP on occasion.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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The most galling thing for me lately is the attitude I've found at JCP, it's almost as though the claimant is regarded as not being part of the equation, discussions are held and decisions made that exclude the person effected, input by the claimant is discouraged. I find myself treated like a petulant schoolboy who should keep his comments to himself.

 

Any indication on my part that I am up to speed with current DWP legislation is met with hostility, the inference is that I am trying to tell them how to do their jobs. The reaction I got at JCP yesterday when I told the counter staff I had lodged a complaint directly with Mr P Fisher who is the Regional Director for JCP East London, was incredulity followed by a grilling session to ascertain just how a mere claimant had obtained the e mail address of the head honcho for the area.

 

 

I explained that as I am an active poster on many welfare rights sites, I have access to a wide range of information shared by other like minded individuals, and that the list of the e mail addresses of every single JCP Regional Director in the country was hardly a state secret. This revelation seemed to confirm the suspicion that I must be a threat to national security, or at the very least a member of the activist group Anonymous :D

 

 

I've never had this problem, but then I suspect my file is flagged as an ex DWP employee. know that saying I'm a former appeals rep scares the xxxx out of whoever I happen to be dealing with.

 

 

As an ex processor, dealing with the claim of someone who knows their stuff and makes complaints when things go wrong (not everyone does), made me nervous, but would make colleagues hostile - I suppose everyone reacts differently. It's just fear for their jobs.

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

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