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    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
    • There is no evidence that I was issued a PCN that was placed on the car and removed. It seems that I was issued a £60 PCN on the 8th of March (the parking date) but it was never placed on my car, instead,  they allege that they posted the PCN on the 13th of March and deemed delivered on the 15th. I never got this 1st £60 PCN demand. I only know about all of this through the SAR. I only received the second PCN demanding £100, which was deemed delivered on 16/04/2024 - that is 39 days after the parking incident.  I did a little research and "Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations." as per London Councils Code of Practice on Civil Parking Enforcement.  The main issue is that I was not aware of the 1st £60 PCN as I didn't receive it - I'm not sure how this relates to the 28-day rule because that rule applies to the initial £60 PCN. PCM could say that "we sent him the letter by post and it was deemed delivered on the 15th of March" therefore the 28-day rule does not apply.  As regards the safety of the parking attendant, that is clearly something he chose to feel and he made the decision that his safety was threatened - I didn't even see him or had any interaction with him. I'm nearly 50 and I definitely don't look aggressive  I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.  From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator." From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image. The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts? I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • okay will do. I'll let you know if anything transpires but once again - many thanks
    • Personally I would strongly suggest not risking going there with debts. Very possible you wont get back out again. And I know many in that position. Not jailed just unable to leave. the stories of Interpol in other countries sounds far fetched but in and out of Dubai is not a good idea. only two weeks ago a mate got stopped albeit a govt debt.
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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.

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      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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Jobcentre sanctions - Unbelievable - but apparently very true !!


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A Selection Of Especially Stupid Sanctions - article dated July 2013

 

 

The number and length of benefit sanctions has risen hugely under the coalition. Two and a quarter million JSA claimants have had their money stopped, and since October 2012 sanctions are for a minimum of four weeks and a maximum of three years. ESA claimants can have 70% of their benefits stopped indefinitely.

 

Imagine being without any income for a month, when your annual income is less than £4,000 a year – no chance of savings to fall back onto. Claimants go into debt, go hungry and use foodbanks, go into rent arrears or don’t turn on the heating when it’s cold. Now imagine being without any income for three years and what you’ll do then. On twitter next week, various CAB branches will participate in #CABLive, if you want to see the reality of life for many people at the moment, follow the hashtag.

 

 

 

 

■You get a job interview, it’s at the same time as your JCP appointment, so you re-arrange your JCP appointemnt. Or at least, that’s what you think. You attend your rearranged appointment then get a letter saying your benefits will be stopped because going to a job interview isn’t a good enough reason for missing an appointment. (Source: Daily Mail)

 

■You work for 20 years, then because you haven’t had the process clearly explained to you, you miss an appointment, so you get sanctioned for 3 weeks. (source: Councillor John O’Shea)

 

■You’re on a workfare placement, and your jobcentre appointment comes round. The jobcentre tells you to sign on then go to your placement which you do. The workfare placement reports you for being late and you get sanctioned for 3 months. (Source: DefiniteMaybe post on Mumsnet forums)

 

■You’re five minutes late for your appointment, you show the advisor your watch which is running late, but you still get sanctioned for a month (source: Clydebank Post)

 

■You apply for more jobs than required by your jobseeker’s agreement, but forgot to put down that you checked the local paper (which you’ve been specifically instructed to do via a jobseeker’s direction) so you get sanctioned (source: Steve Rose on twitter – part 1 . part 2)

 

 

You can read much more by following the link.... http://birminghamagainstthecuts.wordpress.com/2013/07/13/a-selection-of-especially-stupid-sanctions/

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bet a lot of these people have brought it on their selves by voting for these torrie **** bags in the first place.

No knowing what Labour would have done - they are all pretty much as bad as each other.

If labour get in next year will they modify any of these cruel regimes, not so sure.

People had to vote for someone, it was a pretty poor choice all in all, plus how did they know that any Government could and would sink so low.

You cannot blame the voter for putting their x were they did.

 

Anyway the cons did not really get in did they - they had to form a pact with the lib dems, so all in all no one got voted IN.

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  • 4 weeks later...

I'm on Carers Allowance topped up by IS, in Jan 2013 they sanctioned my son's JSA for not attending his sign on date despite them telling him not to travel the 7 miles due to the snow, a few weeks later they sanctioned him again for attending a course they sent him on, he ended up with no money for almost 3 months. Then he got a job, he was racially attacked and rather than fight them he walked away (he's white but all the other employees are Eastern Europeans) he went back to sign on again and they say he can be fast tracked = 3 months before he got any money due to them losing his claim 3 times (and they won't backdate prior to the claim being made) and then they say he's not entitled to benefit due to walking out of a job, he appealed the descision and they agreed he could get the JSA again.

During each time they sanction him I have to pay rent and council tax, as they deem that someone with zero income can now afford to pay...........:| so add on the bedroom tax and 1 week of a fortnight I have less than a tenner to live on :violin:

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  • 2 weeks later...

Some of the JCP advisors who engage in unfair sanctioning are coming perilously close to finding themselves on the claimant's side of the desk. Treating someone unfairly comes within the scope of Article 6, Human Rights Act 1998.

 

Unleashing -

 

1. Information Commissioner's Office (ICO) for JCP failing to maintain accurate records;

2. Claimants' MPs to take the claimants' cases to the Parliamentary Ombudsman for maladministration.

 

Can you imagine what IDS would say if questioned by journalists about an adverse adjudication against DWP/JCP by the ICO?

 

"Secretary of State. Is it true the Information Commissioner has fined your department £500,000 for failing to maintain accurate records because your Jobcentre staff have been telling lies on claimant's files?"

 

There really isn't a lot he could say, is there? As the saying goes, "What goes around, comes around."

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  • 1 month later...

Since March managers at my local Jobcentre have attempted to delay my payments every signing period, and have attempted to have me sanctioned EVERY TIME for the last 6 weeks, including submitting false information and withholding evidence.

 

Luckily they have failed every time, and a full investigation is forthcoming.

 

They didn't like the fact I uncovered the huge increase in sanctions at their office and catching them using unlawful practices to do so.

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Since March managers at my local Jobcentre have attempted to delay my payments every signing period, and have attempted to have me sanctioned EVERY TIME for the last 6 weeks, including submitting false information and withholding evidence.

 

Luckily they have failed every time, and a full investigation is forthcoming.

 

They didn't like the fact I uncovered the huge increase in sanctions at their office and catching them using unlawful practices to do so.

 

Good for you, Darcus42. Make sure as many people as possible know what is going on and that they tell others who, in turn, tell others. Once this sort of behaviour by corrupt JCP staff becomes public knowledge, the next step is to have those JCP staff who are corrupt removed from JCP offices, leaving those who genuinely want to help claimants to help claimants. A lot of JCP staff I have had dealings with fall within the latter grouping. The corrupt ones, unfortunately, are the ones we hear about most. Time to root them out and boot them out. After that, it is a case of getting the G4S goons removed from JCP offices. One is currently enjoying an enforced holiday in one of H.M. Holiday Camps for pushing a claimant down a flight of concrete steps, resulting in injuries which included -

 

Fractured shaft of humerus

Dislocated humerus

Torn Rotator Cuff

Fractured skull

 

Fortunately, the local nick is 200 yards from the JCP office where the incident occurred. The G4S goon was in custody fairly quickly.

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I can add one to this. I was claiming JSA as I had to fold my self employed business. I was obeying all of the rules until I was diagnoses with suspected lung cancer and that I needed surgery to confirm that diagnosis, I arranged a meeting with my advisor and explained my situation to her i.e. there was no point in me going for interviews as no employer would hire me knowing that I would need at least 6 weeks to recover from surgery. Initially my advisor was very understanding and I said that as soon as I was diagnosed I would go on to ESA.

 

Everything changed when I went to sign on. I was asked to produce my job search for the last 2 weeks (I had done some) and then got told that this was "Pathetic". I was then taken to some other staff members desk where he started to say that they were going to possibly sanction me. At this point I asked if we could go into a private room as I didn't want my medical problems discussed in public, to which I got the reply "I can see about the cancer. I aint bothered about that".

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My partners best friend got sanctioned for JSA for going to a university entry test interview !!

She had even emailed the proof to her advisor, which was the confirmation email from the university.

The interview clashed with a Jcp appointment so she told them and was told to do the above.

But yet they still sanctioned her !

 

I did tell her to appeal but she is too shy and has got a temp job as a health care assistant before her university course starts in September for nursing.

 

What a joke of a system.

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Woody1066,

 

I admire you for your self-control and dignity in the face of such callous and unacceptable behaviour by a government employee. Let us hope the Civil Service Commission do the right thing and terminate their appointment, which is Civil Service speak for sack them.

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My friend signed off on the Thursday as he had a site induction day on the Friday for a job on the Monday, told the local JC on the Thursday, his appointment was for Friday afternoon, got a text on Friday evening saying he was going to be sanctioned as he had not signed on on Friday morning!

 

Their administration is a joke - if they actually appointed proper administrators rather than take on 'youth apprentices' the system would be more robust, as people would be aware that things are not working well and be able to sort out the paperwork nightmare - but of course it is now set as a trap - one which hopefully will swallow up its creators.

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""I can see about the cancer. I aint bothered about that"."

 

At that point I probably would have lost it

 

I would have been charged with attempted murder, actually come to think of it, it would have been MURDER!

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I think the time has come to expose those who are unfairly - or unlawfully - sanctioning benefit claimants. A database can be kept of the name(s) of the claimant advisor(s) involved, JCP office(s) involved and the nature of the unfair sanctioning. It would soon become apparent who were the worst offenders. Such information can then be used as leverage to remove rogue advisers from JCP offices and highlight what is, essentially, Misconduct in Public Office and breaches of the DPA, i.e. failing to maintain accurate records. At a push, mainly in serious cases, pressing to have rogue advisers prosecuted for fraud, as the intention is to cause the claimant loss or expose them to loss or the risk of loss.

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Maybe if everyone sanctioned unfairly wrote a letter to their local MP with an impact statement that would help.

 

Think fo the mailbags

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Maybe if everyone sanctioned unfairly wrote a letter to their local MP with an impact statement that would help.

 

Think fo the mailbags

 

Good point. That and a database of incidents MPs could access would, in my view, be effective. It would also give MPs on Select Committees ammunition to fire at IDS and other disingenuous ministers. Although IDS might try to put spin on it, I can see a canny Select Committee member or chair making him feel very uncomfortable. Watching Margaret Hodge tearing an ATOS manager to pieces was a sight to behold. It was like watching a Rottweiller shaking a rag doll in its jaws. Painful to watch, but, oh, so pleasurable at the same time, given the misery ATOS has caused.

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