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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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Housing Benefit Cancelled.......Help Needed Urgently **RESOLVED**


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Just out of interest do you know of a site i can goto to get some accepted living allowance figures like when you go bankrupt for example.

 

I realise that they aren't necessarily applicable in this instance but I'd like to use them as a basis on which to work out my finances.

 

I have looked around but keep finding conflicting information.

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I did find this - http://www.kirklees.gov.uk/community/careSupport/payForSocialCare/pdf/personalLivingAllowanceGuide.pdf

 

How do these things work? Am I right in thinking that these figures provide the amount that a person/family can live on without receiving any benefits? If so are benefits calculated on income either above or below these figures?

 

Also am i right in saying that a family with kids should work the figures out as follows -

 

£142.13 for a couple + £66.33 + £17.45 for each child. THerefore with three children (from April) it would be a weekly sum of £83.78 x 3 + £142.13 = £393.47 per week

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you dont get 17.45 per child - it is per family

 

2 children currently

Couple £113.70

Family premium £17.45

Dependent Children £132.66

 

Amount government says you need to live on £263.81

 

3 children currently

Couple £113.70

Family premium £17.45

Dependent Children £198.99

 

Amount government says you need to live on £330.14

 

 

3 children post April

Couple £114.85

Family premium £17.45

Dependent Children £200.70

 

Amount government says you need to live on £333.00

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if your income is below or equal to the amount the government says your household needs - you would be entitled to the maximum HB of the relevant LHA rate

 

if your income is above the amount the government says your household needs - you would be entitled to the maximum HB of the relevant LHA rate LESS 65% of any income you have above the amount the government says your household needs

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yes, that is the amount the government thinks a household needs to cover living costs such as:

food

other groceries

utilities - gas electric - water - tv licence - phone - internet - television

transport/travel costs

etc

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I'm not sure i get it. So if you earn more than the maximum the government say you need without including rent then you would get less hb towards your rent. Or if you earn more than the max after accounting for rent then that's the figure they use for their calculations?

 

so my figures -

 

£77 gas and electric

£75 sky (tv, broadband and phone)

£60 mobile (me and wife)

£101 council tax

£30 water

£60 car insurance

£120 petrol

£12 tv licence

 

so that's £535 pet month before rent

 

Rent is £625 so total outgoings would be £1160 without costs such as food, baby costs, clothing etc.

 

The government figure for the month is £1055.24 which is clearly less than the total outgoings we have. .....i think I'm just confusing the issue within my own head. Not easy is it ☺

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the government figure is for income not outgoings

 

But if your incomings are for more than the allowed sum this meaning you lose some or all hb whilst at the same time your outgoings are for almost the same if not more than your incomings then surely you're getting screwed anyway?

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They won't use the outgoings figures you use. And you also have an extra room; so will only get HB for 2 rooms anyway, regardless of how many rooms and how much your rent is.

 

Is your council tax before or after the discount you get if you live with a full time student?

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I'm not sure i get it. So if you earn more than the maximum the government say you need without including rent then you would get less hb towards your rent. Or if you earn more than the max after accounting for rent then that's the figure they use for their calculations?

 

so my figures -

 

£77 gas and electric

£75 sky (tv, broadband and phone)

£60 mobile (me and wife)

£101 council tax

£30 water

£60 car insurance

£120 petrol

£12 tv licence

 

so that's £535 pet month before rent

 

Rent is £625 so total outgoings would be £1160 without costs such as food, baby costs, clothing etc.

 

 

The government figure for the month is £1055.24 which is clearly less than the total outgoings we have. .....i think I'm just confusing the issue within my own head. Not easy is it ☺

 

 

£75 sky (tv, broadband and phone)

£60 mobile (me and wife)

 

Perhaps its time you looked at giving up these luxuries and going for cheaper alternatives.

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Hi in a nutshell there are the income figures you have described which add up to your families applicable amount (amount they say you need to live on, less certain disregards or ignored income).

If you have your applicable amount or less coming in you will get either the full LHA rate for your family or the full rent if you are a social housing tenant (unless you are subject to the "bedroom tax")

 

If you have more than your applicable amount coming in (called excess income) coming in then they deduct 65% of the excess income from any HB from your maximum award.

 

Hope that makes sense. Have you seen the figures they are using yet?

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

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Hi in a nutshell there are the income figures you have described which add up to your families applicable amount (amount they say you need to live on, less certain disregards or ignored income).

If you have your applicable amount or less coming in you will get either the full LHA rate for your family or the full rent if you are a social housing tenant (unless you are subject to the "bedroom tax")

 

If you have more than your applicable amount coming in (called excess income) coming in then they deduct 65% of the excess income from any HB from your maximum award.

 

Hope that makes sense. Have you seen the figures they are using yet?

 

Still waiting for their letter. Really hope it arrives tomorrow as my cab meeting is Monday morning

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Had my meeting with cab today and they have opted to tale on the case and contact the council on my behalf to find out reasons behind the decision.

 

Still no letter from the council but i called them and they told me that th hey have had my letter but not written a response yet. .......suppose it takes a week for them to read.

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There is the working tax credit which we don't get and I'm not sure about some of the disregards they are using. For instance the student books and travel, there's no indication of how they work those figures out, the same goes for the student loan disregard and the partner disregard.

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disregards

 

student loan disregaerd = fixed amount of £10pw

student books disregard = fixed amount of £390 divided by number of weeks in academic year (43 weeks) = £9.07pw

student loan disregard = fixed amount of £303 divided by number of weeks in academic year (43 weeks) = £7.05pw

earnings disregard = fixed amount of £10pw + additional £17.10pw (if you have a child and at least one of you works 16 hours per week) = £27.10pw

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