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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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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JSA will be stopped.


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Just a quick update, they have given me a sanction because the advisor said i did not not show proof of my job search so now without any money because of the lies of the advisor, i have shown proof of my job search to the line manager but it has already been stopped, so i have told him that i want a result of this abuse and lies from the advisor in question by friday or i will be contacting the area manager and the local MP by email and highlight the abuse that the staff dish out, will keep you updated as and when. thanks for the words of advice.

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Sorry to read that your adviser has decided to pursue you on this. I agree with the others who say that the way you have been treated wrong. Does your Jobseeker’s Agreement say that you must only apply for full time jobs?

 

Now that you have been sanctioned I would urge you to follow the procedure. The letter notifying you of the sanction will inform you of how to ask for a Mandatory Reconsideration and where to send your request. Make sure you do this irrespective of any of the other actions you intend to take.

 

Please remember also to write or contact straight away your local housing benefit office if you get housing benefits etc. They will be notified automatically by the Jobcentre about a change in your circumstances and this notification will automatically stop your housing benefit.

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Hi Lapsed, my JSA do not say anything about part/full time work, i asked the line manager about this and he said you can apply for both so long you are looking for work, so that proves she was making it all up, already sent off for a reconsideration just waiting on them now, thanks for the info.

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So, to get this right, through no fault of your own and on the back of having a pathetic abusive and unhelpful adviser who obviously had to meet his/her sanction targets you get the back end of it for no reason? So muchfor helping people eh.

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Hi all, just had a bad morning with a new advisor at the job centre, handed in my work sheet, and she said is this it a piece of paper why not on UJM, i told her that i always write it down there is no problem with this with the other advisors, she than said she wanted proof of what i had applied for which is no problem i got them all on email on my phone, each date she asked for i had the email, she then got ****ty with me and told me i must show which ones are full time or part time because to claim JSA it must be full time only, do any of you know if this is true. thanks in advance.

 

Doesn't say anything about this in my handbook, she's just trying to put the frighteners on you.

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  • 2 weeks later...
  • 2 weeks later...

Hiya charlotte

 

The next time you see her mention this JSA Regulation. Wave paragraph 190 under her nose, if she gives you any grieff. Tell her you want her manager to explain to you why your advisor is not following DWP regulations.........

 

Paragraph 190 usually shuts up most snotty advisors

 

The extract below is taken from the Availability and Actively Seeking Employment chapter of

the Labour Market Conditions Guide.

 

188. The JSA Regulations do not specify that claimants must keep written records of their job

search. However, encouraging a claimant to keep a written record of the steps they have taken

can help them to remember what they have done, and will help to build up a picture of the

progress the claimant is making in their efforts to find work.

 

189. A claimant may have set up their own records, but if their record keeping is inadequate, or

non-existent encourage them to use the Jobsearch Activity Log (ES4).

 

190. The evidence of jobsearch produced when they attend to have their regular reviews may

be in various forms:

 

 information they have provided from their Universal Jobmatch account;

or

 evidence in writing from employers, employment agencies, or other organisations which

they have contacted;

or

 copies of letters they have sent to employers;

or

 the claimant’s un-corroborated written evidence.

or

 the claimant’s verbal evidence

or

 evidence from previous Jobsearch Reviews recorded on LMS.

 

Clearly the DWP regulations say how you choose to provide your evidence is.... up to you.

 

Print the extract and take it with you.

 

Nimitz

 

Doesn't say anything about this in my handbook, she's just trying to put the frighteners on you.
Edited by Nimitz
typo
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