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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.
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    • 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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PIP - terminal illness isn't existing anymore since 2012


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Hi there,

 

I'm wondering what your thoughts are and if I can/should do something.

 

The father of a friend had a serious heart problem and his condition was really bad in January '12. The doctor said he won't survive so he claimed PIP because of terminal illness.

Luckily his condition changed and he was much better end of '12, where they bought a fancy new car. At least I thought they bought it.

 

I had some discussions with him about benefits the last few months, where he told me that he's still claiming PIP on the highest rates and he received the car for free. He was able to choose one and he has some free miles with paid petrol.

His last medical checks were great and in my opinion he would be able to work. (he should do some exercises for his heart, but he prefers to stay at home and watch tv allday)

I asked him if the PIP department or DWP ask about his condition and he laughed and said "they think I'm still dying so they won't ask questions"

 

I feel really sick when I think about it, because they having a great life with full wages from his wife (full-time worker) + free car + full PIP and going on holidays all the time while my partner has a medical condition and is waiting for his PIP (and ESA) since last year October. Nevertheless there thousand other people who need even more help and support and don't receive it.

 

Is it possible to do anything or just wait until DWP contact him again?

 

Thank you very much!

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I think he is obliged to let the DWP know of his change of circumstances.

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PIP has nothing to do with working. You can claim PIP under the special rules (fot terminal illness) if your death can reasonably expected within 6 months. I know under DLA, it can be awarded for a maximum of 3 years. Unsure how long it's awarded for under PIP.

 

The car isn't free - its paid for out of his benefits.

 

I get the impression that you sound bitter about this.

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The car IS NOT free - it is a motability car and costs around £200p/m out of DLA - I know, my Father gets it so whilst others turn their noses up and wonder how he can afford a brandnew car he is actually paying for it and ir is NOT free at all. People need to get their facts right before commenting, a disability car is used for motability issues and like most I would guess they were more able bodied and not on DLA but they are through illness.

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Thank you nystamite and essexmat for your answers.

To be honest I didn't know the fact about the car, the person told me that the car and some miles are for free. It was a bit misleading that I compared PIP with "able to work" - sorry for that - because I know both is possible.

I'm annoyed about about this man, because he's bragging all the time how easy it is to fool the system and if they catch him he'll declare himself bankrupt, leave the country etc. In my opinion it's just not right.

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Yes, people who receive DLA or PIP Mobility Components can sacrifice some of their cash payments and use them to pay for a car instead. The cost of a Motability car is less than most other folks would pay for the same vehicle, but it isn't "free" by any stretch of the imagination.

 

If the condition on which his PIP was awarded has improved, he needs to declare that to the DWP. Should there be an issue of fraud (and I'm not saying that there is) then declaring bankruptcy will not save him from criminal prosecution or civil recovery of any overpayment.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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if the blokes been diagnosed by doctors etc and got disability pyments,why are you bothered?,its a fact the DWP don't chuck money out willy nilly,you don't personally know what the blokes real medical condition is,you seem to be miffed that hes doing ok,get on with your own life and do yourself a favour,if this person is doing something illegal,underhand he will get caught soon enough.

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I should also add that even if an award of benefit is based on a DS1500 form ("Special Conditions") the claimant is not committing fraud by failing to die within the specified time frame.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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I should also add that even if an award of benefit is based on a DS1500 form ("Special Conditions") the claimant is not committing fraud by failing to die within the specified time frame.

Please don't give IDS any more ideas ... :scared:

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