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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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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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ESA Habitual Residence Test and Residency


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Hi there,

 

I wonder if someone might help.

 

I have a Habitual Residence Test on Monday. The form asks for passport and Id for my husband and my husbands residency documents.

 

I have actually lost my passport so that is awkward for one and then residency documents, my husband and I are disabled. I am from the UK and lived in holland for one year. We have been here together 16 months not claiming anything. The CAB say my husband doesn't need residency documents but I think he might and might also not be eligible for them.

 

I feel a refusal coming on and want to know what I can do.

 

Thanks

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If you are a UK citizen and have returned here to live with your partner for the past 16 months without needing to claim anything, then I don't see what the govt. issue would be. Have you and your partner suddenly become "disabled" or have you run out of money?

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I have actually been disabled a long time, but certain things are getting worse. Like I have cateracts, and they get worse over time.

 

I think it's really the ID thing at the moment, I don't have a passport and my husband doesn't have a right to reside letter

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My understanding is that a birth certificate and a council tax/utility bill showing your name and address dated within the last 3 months should be as acceptable in place of a passport. Perhaps look on the Border Agency website to apply for an emergency passport (they charge for this), then print out the receipt and take that along with birth certificate.

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I have cateracts, and they get worse over time.

 

Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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Cataracts can be 'fixed'. It is a fairly routine operation, and can make a world of difference to you. If you haven't already done so, ask your GP for a referral to the local ophthalmic clinic for treatment.

 

I know, have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer. Already had one eye done but was done abroad and they told me i have a flaw in my eyes not just cateracts and other illnesses too that's just the first one, or next operation.

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have been on waiting list 6 months because mine isn't a routine one and the top guy at the hospital wants to see me so it's taking longer.

 

Sounds like you are in good hands in that respect. Best of luck when you get it done.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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  • 2 weeks later...

UPDATE - did the habitual residence test, haven't heard if we passed or not but received a letter Christmas Eve asking for my fit note to be sent by the 6th of December.

 

We posted the note Christmas Eve but now obviously it will get caught up with Christmas post / DWP having holidays.

 

We also went to take our tenancy agreement but were told to wait for the result of the habitual residence test.

 

Bit worried because it's over a month now. They also said as well that our claim for housing benefit would start the day we go again rather than when we first applied, because she wont take the form of us. I thought housing benefit was tied to ESA but not council tax relief?

 

What would you advise in terms of making sure they don't close my claim while we are waiting for the post.

 

Normally would call and ask for a fax number and get another fit note, but the library is closed for faxing and they probably aren't there to answer the phone either.

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I did think we would be entitled to housing benefit if we got ESA but get different messages when to give them the housing form, etc. We were told it was too soon and had until 5th of January to bring it in (despite the fact they aren't there until the 5th of January now)

 

Also, we had actually taken the fit note to the ID for HBT appointment but they didn't want it then. They said to send with the request we had received, only they had never requested it or given info where to send it till yesterday

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