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    • 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.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Unum PHI and ESA


rrrachel
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Hi all

I have read quite a lot of posts on this forum but either can't find the answer or don't understand, so I am hoping someone might be able to help or point me in the right direction

 

I have been unable to work for quite some time (due to severe nerve damage caused by spinal cord tumour, extreme back pain , part of my spine was removed during tumour sugery, bladder issues, osteoperosis, pituitary failure, depression and I have to use crutches to walk and require a lot of help to do day to day tasks) and I was approved for PHI starting 24 july through work. I dont pay any premiums for this and my pay slip is still through work, so I guess unum pay them and they pay me.

 

any benefits I may he entitled to are deducted from my phi payment, so I was advised I would have to claim esa seperately.

 

now here is where I struggle, I was advised that I would not be eligible for the income related esa, even though I have no savings, and that I may be eligible for contribution based.

 

I had an interview at the job centre earlier this week to look at steps to get me to return to work (which when I explained my situation he said that I should not have been called in for this interview and thanked me for attending as it was clearly very difficult for me to. He then checked and asked me if I had received any esa payments so far and I said no and he said I should write a letter and call the job centre to speak with people that would deal with my claim.

 

lookihg at the paperwork from when I first applied, I believe that something somewhere along the line was wrong, as when I alled to make the claim initially the person I spoke with didnt know what phi was and I explained it.

 

so on my claim form it says in the following:

 

Personal or occupational pension

received or waiting to receive any income from pension, permanent health insurance or compensation payment - YES

 

Your pension income details

income type - private health insurance

 

then in the next field in permanent health insurance, it says 'contributed more than half the premiums toward any permanent heakth insurance payment' and NO next to that

 

when I received this I called to query it ahd they said it was correct, but then after my meeting at the jobcentre I now believe the paperwork is incorrect and this is why I havent been paid anything so far

 

is there anyone who could give me any advice on this or know what I would need to write in the letter? Just it seems no one can advise when I call the esa people, as they have always not understood what I meant when I said I am on PHI

 

any help would be hugely appreciated

thanks in advance

Rachel

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Re reading my initial post I can see I was probably rambling a bit. I carried on researching and have spoke to the job centre and sent a letter to explain my phi payment is not a pension, and asked to re look at my claim

thanks :)

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Not sure if this will help. My wife gest a UNUM payment every month and it is not taken into consideration as it is not a pension or an income. UNUM and the government walk hand in hand. After all what is the point of employers paying into UNUM if the employee is going to be penalised?

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Hi Surfer

thAnk you for your reply. Does your wife get income related and contribution based esa or just contribution based? The payment I receive has ESA deducted and I am told to claim this seperateoy. Luckily the man at the job centre I saw said that he will help if I dont get a response from jy letter, not sure what he can do but we will see!!

 

Thanks for your response :)

Rachel

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PHI is also known is Income Protection, they may understand this term better. The scheme you are in is a Group Income Protection scheme and is arranged by your employer. The specific scheme will have been sent up to pay you a fixed percentage of your salary in the event that you are off work after a certain amount of time with an illness or injury.

 

While the benefit on offer can vary from scheme to scheme, the vast majority of income protection schemes are set up to exclude ESA & WRAC payments as its cheaper for your employer, from the sounds of things this is the type you are in so this will be deducted from your insurer payments regardless of the fact that you may not be receiving it. So you should be receiving what ever percentage the scheme is set up minus the ESA & WRAC amount which is £5,624 for the 2014/15 year.

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Hi Surfer

thAnk you for your reply. Does your wife get income related and contribution based esa or just contribution based? The payment I receive has ESA deducted and I am told to claim this seperateoy. Luckily the man at the job centre I saw said that he will help if I dont get a response from jy letter, not sure what he can do but we will see!!

 

Thanks for your response :)

Rachel

 

She used to get the contribution ESA plus the UNUM payment. She is now retired but stills receives the UNUM payment which does not affect her pension credit payment.

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  • 2 weeks later...

Just to give an update, I was due to hear back today but didn't so I phoned, and the lady took my details and arranged a call back.

got the call back from the reconsideration team and was told it had gone through and has been sent for processing.

 

So I wont say it is a success until i get the letter through! Fingers crossed!

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just another little update, received a call this morning to say the letter I sent went missing (I explained about my contact last week when the lady had received the letter and was being sent for processjng etc...) so they have asked me to send it again....

very frustrating!

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I phoned again today and he said on my recird it shows the letter and iasked him to check previous entries on my record which they did reluctantly, and the previous one said they had received and have passed to be processed. he is now trying ti find out which of these entries is correct, and will call me back today or tomorrow. I have resent the letter after they said they lost it but I just want to ge this resolved asap!

fingers crossed (if I could cross them as the use of my hands is getting worse again!!)

thanks and will krep you updated!

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