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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Benefit fraud


Marco1970
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After some advice really I'm being sent for iuc for benefit fraud.

A friend of mine was initially having probs with getting bank account due to her being American,so I let her use my account ,we have now moved in together approx a year ago as couple and stupidly didn't inform dwp of change of circumstances

Now worried they will have got bank statements for last 4 years and try and charge me for fraud goin back 4 years which wasn't the case.

Is having wages paid in enough to convict ?

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Hi Marco, welcome to CAG - I have moved your thread to the benefit forums where you will likely attract more visitors :) You need do nothing, it is purely an administrative move.

 

I am sure someone will be along as soon as they can to help.

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Yes it would be, however prior to a year ago I presume your partner had an alternative address where she was liable for council tax, bills and had a tenancy agreement?

 

Prior to this last year did she use your address for anything financial? Credit etc?

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Personally I think having their income paid in regularly into your sole account is enough to provide a financial connection for the whole period. As above with tomtom, did their bills for rent/utilities/counciltax etc for where they were living also go out of your account?

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All bills at previous add were in exes name although I admit financial connection is that beyond reasonable doubt that we were co inhabiting...would it stand up in court.

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I can’t think of any explanation that would convince an interviewer that by living together as a couple your combined incomes should not be taken into account when assessing entitlement to benefit by either one of you. So, as far as the last year is concerned, it looks like you’ve answered your own question.

 

Are you saying that your American friend’s wages have been paid into your account for the past 4 years?

 

As for the first 3 years of the period, I would think the first thing that the interviewer would want explaining is why someone apparently entitled to work and earn wages in the UK should have a problem opening a bank account in the UK.

 

The second thing is, if the DWP has examined your bank account would they be able to link expenditure from the account with payment of your personal expenditure in excess of the amounts your benefits covered.

 

You would need a convincing explanation of this along with evidence that you did not benefit from the arrangement. Only you or your friend can provide such an explanation and such evidence since you are the only ones who know all the details.

 

It is also to be hoped for that your interviewer does not conclude that your recent history, bills in ex’s name, account replenished by present one, could suggest the ill-use or exploitation of your female friends.

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Marco, another thing not in your favour is that you failed to notify the DWP of the change of circumstances a year ago when you claim cohabitation began and continued claiming as if single which is evidence of dishonesty. That won't go in your favour with the rest of the story. Personally I think the DWP would take this to court if you denied the 4 years or refused to repay the money as they would have significant evidence in their case but that's my personal opinion and it will be up to a decision maker.

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Also if you were in receipt of countil tax reduction (Single person 25% discount) then I suspect that will need repaying as well.

 

There is no reason why it has taken your friend so long to get a bank account. Im sure she would of had one IN the USA. Did her US bank not have a branch in the UK?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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