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    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
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DWP Compliance Officer Interview


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Hi all, hope you can help.

 

My sister has been invited to attend an interview with a compliance officer at the Jobcentre. I rang them on her behalf and was advised this was due to undeclared capital but they would not give me the full details.

 

When she claimed Income Support, she forgot to mention some money in her account, over £6k and I can imagine this is the reason for the interview. She is really worried and is feeling suicidal. She has never broken the law and this was definitely not intentional given her mental state. This is the worst thing that could ever happen to her as she has suffered from years of depression and anxiety ( she is still taking anti depressants ) and has just gone back to work and signed off benefits. She also has children with special educational needs and is worried if they will be taken away and so on.

 

My question is, if she offers immediate repayment of any overpayment, will they still take her to court ?. She is in pieces and is even considering leaving her job.

 

Also , how is this type of interview conducted, is it the same as an Interview under caution? . I am working and not able to go with her at the interview and am worried she will have a breakdown as she can't stop crying.

 

Any advice would be really appreciated, many thanks.

 

Liyanne

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She will sit down with a compliance officer who will ask questions and she has to answer them.

 

And show bank statements etc.

 

The compliance officer then send her findings away to a decision makers and they decide the outcome, could be anything from a warning, to a fine to prosecution.

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It wont be a prosecution - she is seeing a compliance officer not a fraud officer.

 

The aim of the interview is to correct benefits that have been paid in error. It will not be a taped interview. It would probably be helpful if she could take bank statements with her and if any of the savings have been spent an idea of what has been purchased.

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If the sister is in a state over this compliance interview, I'd suggest going along with her to provide moral support and comfort (if you can spare the time).

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Thanks for the advice. I have taken the day off work and will go with her to the interview. Thinking of worst scenario, if she admits guilt and offers immediate repayment, will DWP take mitigating circumstances into account such as her mental health and the fact that she has a disabled child ? She's worried about prison and is even thinking about quitting work because she's worried she will be sacked. Please help, thank you so much for any input.

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It is only a compliance interview - These things are generally used to confirm a few details and to check either a) the claimant is on the appropriate benefits, or b) the claim has been correctly processed.

 

She will not go to prison, nor will she be sacked as a result of this interview.

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Thanks for your responses. What if they accuse her of fraud ? I heard this happens quite a lot in cases of undeclared capital etc.

 

In most cases Compliance gets involved where there seems to have been some error on the claim but the JCP does not believe it is fraud (not all overpayments of benefit are fraud - indeed, most are not since the criminal offence of fraud requires some degree of intent). If they were seriously considering this as a fraud case the interview would be conducted "under caution" to allow them to use it as evidence in a prosecution if that were deemed appropriate. Compliance officers cannot conduct Interviews Under Caution (IUCs), and if the interview is an IUC the letter would say so.

 

If there has been an overpayment, most likely arrangements will be made to reclaim the overpaid amount - probably by deductions from future benefits.

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