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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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      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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I decided to take early retirement in 1999 when I was unable to continue work in a rather demanding job because of ill health and have been in receipt of a company pension since that time.

I have recently been told by the new administrators of my pension that part of my pension was a bridging pension that should have ended when I reached 65 in 2012 and consequently my pension has been reduced.

I cannot recall agreeing to the bridging pension and do not believe I would have as the benefits are outweighed by the disadvantages. (I don’t need to go into too much detail but in short, for ever £1 extra I received prior to age 65, I now loose £4). I have asked the company to provide documentary evidence of my agreement to the bridging pension but all they have sent is an unsigned quotation from the previous administrators.

My question is what should I do now? I took a lower paid job in 1999 until I reached state retirement age however if I had been aware of this predicament, I would have elected to continue working for a few more years.

I am not trying to wriggle out of any agreement I may have signed (time and memory plays tricks) but money is tight now and I don’t want to just roll over and accept what they say.

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You are going to need better advice than you will probably get from an online forum. To my knowledge from my own company pension, if you take money out of the pension below 60, it is dealt with slightly differently. Although the scheme allows money to be taken from the pension from 55 year of age, because the scheme retirement age is 60, there is a penalty for accessing the pension earlier. When you then reach 60, you will get less, because you have taken from the pension already. There could well be tax rules that apply as well, about how the pension contributions were dealt with and drawing down early could affect the tax treatment situation.

 

Here is a link to the http://www.pensionsadvisoryservice.org.uk/

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Hello there.

 

My understanding is that a bridging pension is often paid up to age 65 to 'bridge' the gap between the scheme pension and the amount of State pension. Once State pension starts to be paid, you would expect it to stop. Do you think this is what happened?

 

HB

Illegitimi non carborundum

 

 

 

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My point is that the administrators have stated that I chose to receive a bridging pension which suggests that I would have been given an option not too.

Whatever scheme I agreed at the time of my retirement, can the administrators enforce a ruling without providing a copy of the agreement signed by myself?

If I have been receiving a bridging pension because of an administrative error then I quite agree that this should be repaid but do not want to suffer the penalties of now having to repay 4 x the amount of the bridging pension if I did not agree to this.

All the original paperwork has been mislaid during 2 house moves since my retirement however subsequent statements from the trustees do not itemise any part of my pension as a bridging pension.

Hope this makes sense.

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Think you should consider submitting a Data Protection Subject Access Request to the Pension fund administrators who handled this 'bridging pension'.

 

As you say, I think they would have had to get you to sign something, after relevant advice had been offered to you.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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