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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. 
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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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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Benifits enquiry. jsa onto esa Please advise !


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Hello

I am on JSA at present, have been for over a year. My wife works the hours of 30 hrs per week. I have two children 15 and 17 years if age. both still in full time education.

Over the past year our tax credit has seen a large drop in payments.

I did think this was due to our son leaving school and starting collage and hmrc would readjust the amount back up as he now attends collage and is still in education.

1. is this correct??

The other question is i have been given a sick note by my doctor as regards me being unfit for work. If i claim ESA and stop my cliam for JSA would i get any sick pay? Also how would this affect the tax credits situation. Please any advice would be really helpfully. I can not reliy on the advice given by the job center any more.

please help

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I am currently on JSA but i only receive my ins credit , No payments as my wife works over 24hrs. If i went over to ESA would i get any payments? How would this affect the tax credits payments?

Thank you

 

You would not get ESA payments unless you qualify for contribution based ESA (ESA has the same rule about partners working), only your NI credit. It should not affect your Tax Credits.

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It works out the same, if you are not entitled to JSA payments then it means you are not entitled to contribution based benefits, only income based. And as your wife works, you are not entitled to any income based benefits due to her salary as she is classed as earning enough to support you. If you were entitled you would be getting JSA payments and not just Ni Credits so you will not get ESA payments either Im afraid. You can ring the jobcentre to confirm this, but Im sorry to tell you that you will get the same answer. You are not entitled. Being on the sick ie ESA, doesn't qualify you in a different way, its all the same.

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Thank you

Could you tell me how would this affect the Tax Credits side of things? If i were to go onto ESA. As it stands tax credits has been reducing in amounts being paid to us for the past year. My son is still in education (17 years old) so i assume that it wouldn't have affected the tax credits.?

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