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    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
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hudsonhicks

Why does nothing ever get done? (Benefit Fraud)

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I know a woman that has been fraudulently claiming tax credits using her mothers house for 3 years now. I have reported her about 10 different occasions during these past years as has another friend of mine..

 

Absolutely NOTHING gets done.

 

She lives 200 miles south in a cottage with her working boyfriend and three children. With the Tax Credits and the Child benefit money She's pulling in close to £900 a month.

 

Before the predictable "you're mistaken" replies come in i'd just like to emphasize the fact that i KNOW without a shadow of a doubt. I have a mutual friend who has also reported her, and she's also tried to get her to help her with more benefit fraud - Asked to falsely "rent" her house and split the housing benefit money.

 

I can only imagine how many other people out there are doing this and getting away with it. Apparently they only investigate 5% of fraud reports - I can believe it!!

If the DWP/HMRC employed more people to combat this, i'm certain they'd make massive savings from lost money and fines etc..

 

Anything else i can do? Write to MP maybe? I'm so annoyed seeing her holiday pictures from Jamaica on facebook

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I know a woman that has been fraudulently claiming tax credits using her mothers house for 3 years now. I have reported her about 10 different occasions during these past years as has another friend of mine..

 

Absolutely NOTHING gets done.

 

Nothing that your aware of. You will not be privvy to anythign happenign behind the scenes.

 

She lives 200 miles south in a cottage with her working boyfriend and three children. With the Tax Credits and the Child benefit money She's pulling in close to £900 a month.

 

How do you know what shes pulling in?

 

Before the predictable "you're mistaken" replies come in i'd just like to emphasize the fact that i KNOW without a shadow of a doubt. I have a mutual friend who has also reported her, and she's also tried to get her to help her with more benefit fraud - Asked to falsely "rent" her house and split the housing benefit money.

 

I guess we have only your word to go on here. Even from your point of view this is Hearsay and not evidence.

 

I can only imagine how many other people out there are doing this and getting away with it. Apparently they only investigate 5% of fraud reports - I can believe it!!

If the DWP/HMRC employed more people to combat this, i'm certain they'd make massive savings from lost money and fines etc..

 

How much money do you think is actually lost through benefit fraud?

 

HOW do you know they only investigate 5%

 

Anything else i can do? Write to MP maybe? I'm so annoyed seeing her holiday pictures from Jamaica on facebook

 

 

Im sorry this sounds like a rant trying to stir up hatred against benefit claiments. There is nothing factual presented here, just a daily mail steriotype of a case.

 

IF this is genuine then sure write to your mp.

 

IF this person is really claiming benefit fraud then I hope the authorities catch up with them.


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Im sorry this sounds like a rant trying to stir up hatred against benefit claiments. There is nothing factual presented here, just a daily mail steriotype of a case.

 

IF this is genuine then sure write to your mp.

 

IF this person is really claiming benefit fraud then I hope the authorities catch up with them.

 

How do i know?

 

She's told me last year.

 

She's told my friend.

 

She's logged into her online banking on my friends phone and he's seen the £165 tax credits weekly payment.

 

My friend (reluctantly) picks up her benefit mail from her mums house as she lives 200 miles away

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Perhaps the claim is correct based on her relationship and income and she is winding you up.

 

Does your "friend" open the alleged benefit mail in order to confirm the facts as you see them?

 

If the claim is correct perhaps thats why nothing is done by the HMRC.

 

DWP don't adminster tax credits or child benefit, but this is why the Single Fraud Investigation Service is currently going live.

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Keep this thread civil. Assistance on how to further report abuse of the system has been asked for not verbal abuse from other members.

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This could be another example of the DWP’s ieptitude. You ask what else you can do. Perhaps you could use the DWP’s own grievance procedures, citing their Code of Practice and pointing out your attempts at reversing the consequences of their maladministration.

It may also be advisable to warn your friend who might, if what you say is true,be complicit in facilitating this fraud, if such it is.

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DWP do not administer tax credits or child benefit.

 

HMRC administer both so it's them the complaint needs raising with. As far as I know HMRC haven't transferred to SFIS yet and as such would still investigate tax credit/child benefit only fraud.

 

If the person claiming tax credits and child benefit are also in receipt of a passported benefit then the DWP would investigate on HMRC's behalf.

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It could be that they are entitled to £165 a week in tax credits - and that's why no action has been taken. It may be that there is a current investigation.

 

I don't know what percentage of reports HMRC investigate, but I know that DWP Investigate much much more than 5%. Where did you get the figure from?


Please do not ask me for advice via PM as I will not reply.

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Can people not just accept what i said at face value. I don't want to go into more details to "prove" it to you guys because i dont need to

 

I wouldn't even bother reporting unless i was 100%

 

I suspect the government doesn't really give a toss except to make a few token convictions that make the local newspaper.

 

 

I'll phone the HMRC tax credit line tomorrow.

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Can people not just accept what i said at face value. I don't want to go into more details to "prove" it to you guys because i dont need to

 

I wouldn't even bother reporting unless i was 100%

 

I suspect the government doesn't really give a toss except to make a few token convictions that make the local newspaper.

 

 

I'll phone the HMRC tax credit line tomorrow.

 

Yes we can take it at face value.

 

However from a fraud investigators view point we get allegations like this all the time and when we look at the claim it's correct. We even have people ring back with further information or to report them again a few months later.

 

We cannot tell the person that the claim is correct, that we have investigated or if the person being reported is even claiming benefits, so it often looks like nothing is done.

 

So to flip it on it's head, maybe take it a face value that what she has told you is pure lies to annoy you.

 

If it is true keep ringing HMRC and reporting it, sooner or later they may action it, although they do not have many criminal investigators and mainly go down a compliance route. If you feel they aren't listening or taking action make a formal complaint to them or get your MP involved.

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You are inferring that you are an investigator tomtom ??

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Yes I am, which is why sometimes my posts can be slightly harsh. However i try to help were I can.

 

We get this type complaint all the time, however out of say 10 allegations that are made only between 5 -6 are worth looking at owing to incorrectness and some are just plain malicious. Various agencies also receive 100's of reports of suspected fraud weekly per region and not all can be looked at. They will get risk scored based on information obtained within the reports and those with the best evidence i.e. partner name, employer name etc will get looked over the reports that just Z is working.

 

Tax credits is our biggest bug bear though, as we can't even get HMRC to do anything when we refer cases to them that are on a plate or offer to take the offences for them. This is covered under SFIS though so the issue will slowly be resolved.

 

So I do feel for the OP, but I also see it from the claimants view were sometimes the allegations is just purely malicious. I had a case that would get reported every few months, the claim was correct, however the same person constantly kept ringing stating nothing had been done and they were still on benefits etc. I wanted to say that it had been looked at and all was ok, but from a DPA view point we can't so just have to say that it would be logged again on the system and looked at if required.

 

Maybe she is on the fiddle and maybe the evidence doesn't prove she is and that is why nothing has been done. Remember investigators have to prove beyond a reasonable doubt for a criminal case and probability for a compliance case. Without sufficient evidence you can't get either decision.

 

I am by no way sticking up for them, but there are a lot of hoops to jump through in order to resovle a case.

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Like Tom, i'm a benefit investigator also & agree with every word Tom has written.


Please do not ask me for advice via PM as I will not reply.

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