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    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
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hayclan

overpayment court case dropped, but i've lost my home and contents - redress?

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Hi, In 2009 my JSA (income based) stopped & so did my H/B & CT/B and

 

 

I then received H/B etc through my applicable amount after filling in a 'Review' form from the LA.

 

 

5mths later I qualified for JSA again & I again received H/B CT/B through my passported benefit.

 

 

Would I at the time have had to filled in a new application form for H/B ie HCTB1 or a Rapid Reclaim form (if in time) HBRR1 please?

 

Thank you.

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No it would just have been a change of circumstances.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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As a form was needed to change my circumstances (review form) from a passported benefit

I assumed a form was required to change it back to a passported benefit

and the entitlement to H/B etc via the review form (applicable amount) was superceded

by my entitlement via a passported benefit there would have to have been some documentation.

 

 

The regs say that a rapid reclaim can be made within 26wks for H/B providing my circumstances had'nt changed since my last claim

and as it was within 26wks and my circumstances hadn't changed so it seems logical that a rapid reclaim form was submitted by me

otherwise I would have to have made a new claim for H/B.

 

 

The LA are using against me a form that was superceded months before the date they prosecutedd me from.

Edited by hayclan

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rapid reclaim forms are only required where there has been a break in HB entitlement, such as moving from JSA(ib) to full time work for 2 months (where income is too high for HB) then back to JSA(ib)

 

if HB is continuous, such as moving from JSA(ib) to part time work for 2 months (where income is low enough to still get HB) then back to JSA(ib), then it can simply be treated as a change of circumstance


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Exactly my point!

 

My JSA stopped so did my passported entitlement to H/B.

The LA informed me so & said there may be an overpayment etc,

 

I was then invited to fill out a review form due to my change in circumstances etc,

 

22mths later my circumstances changed again and I was then entitled to H/B through a passported benefit

so that became a change in circumstances and the 'conditions' of my entitlement changed.

 

In both cases I had full entitlement but my entitlement came through different applications & regs,

 

when my entitlement changed from applicable amount (no benefits) to a passported entitlement (JSA) (IB)

 

I would have to signed a declaration saying that my circumstances hadn't changed since my last claim

(JSA) (IB) to enable me to have a rapid reclaim (within 26wks).

 

That's what the rules say & it makes sense.

 

The LA are using a review form that was superseded.

 

Thank you.

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if HB is continuous, then it can simply be treated as a change of circumstances, there is no need to complete a form


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So why did I have to fill in a Review form when my JSA finished?

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So why did I have to fill in a Review form when my JSA finished?

 

so that the Council knew your circs/income/capital to carry out a means test


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correct. So why didn't I need to fill in another form to stop that entitlement due to my circumstances, ie JSA (iB). Point being how can a form be used in court when it was superceded by another entitlement? Thank you.

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JC+ does the means test when you go back onto JSA(ib), so the Council dont need to do a means test, this is the reason JSA(ib) is a "passported benefit"


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Ok I get that because I know that the DWP do there own investigations & see documented proof and the LA accept those, that's fine but it either has to be a 'fresh claim'form (not in reciept of H/B) HBCT1 or it's a rapid reclaim HBRR1 (within 26wks, which it was) There are only these two that apply to this situation. I'm sure the LA cannot use a form in a prosecution that was superceded by another form.

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We cannot accurately advise you in what seems to be some sort of benefit fraud case without actually knowing anything about what sort of fraud, if any, is being alleged. Based on the information we have, we can't say what the LA can or can't use in court, a matter which would, in any case, be up to the judge to decide.


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Hello Antone, This situation is crazy I promise and would take an age to tell.

 

I am accused of 'failing to notify' s112 of the SSAA. & have evidence to the contrary.

 

I engaged a Solicitor (1st time) furnished the co with a lot of evidence etc & the Magistrates trial was a farce, the Solicitor agreed things with the prosecution I never agreed to in fact I had only seen my Solicitor in court for the plea then trial, we had never talked about my case!

 

I never once got the chance to 'engage' with him in fact at my trial I was convinced that he hadn't even looked at my paperwork & didn't appear to have any of it with him at my trial. Anyway due to that I am now a litigant in person and going through an appeal, I have had 5 seperate dates for my appeal which were all cancelled last minute, the last appeal was about to be heard and I gave the prosecution Barrister a copy of my defence statement and the appeal could no longer be heard, I pointed out the prosecution had not been bought in time (true).

 

The point of my question, was in essence, that the prosecution had provided 'evidence' of a H/B CT/B application form with my signed decleration (no evidence of an award notice/letter) as proof that I was in receipt of that benefit except that form was superceded within 26wks, 8mths before the start of the alleged offence!

 

it is not evidence of receipt of H/B etc for the alleged period!

 

I have no doubt that I was in receipt of H/B & CT/B at the start of the alleged offence (wasn't in rent arrears) but the review form doesn't count as it was superceded before the alleged offence! No evidence has been shown that I was in receipt of H/B through the alleged period.

Edited by honeybee13
Paras.

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when you say you are going through an appeal, do you mean that: -

  1. you were found guilty at magistrates court, and you are now appealing the conviction?
  2. you are appealing against a Housing Benefit (and/or CTB/CTR) decision to a tribunal?

 

you are stating that without an award letter, there was no proof you were in receipt of HB

does this mean: -

  1. that you were not in receipt of housing benefit during the relevant period
  2. that you were in receipt of HB during the relevant time and just that the letters were not in the bundle


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Thank you all the above for your attention and advice. Yesterday I won my appeal and all convictions quashed.

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The LA told lies to a tribunal and I was found guilty of an overpayment and refused an appeal (I can prove the lies)

 

then the LA charged me with a criminal offence and I was found guilty,

 

I appealed and the LA offered no evidence against me and all charges quashed.

 

The prosecution was malicious/abuse of process.

 

Two things,

is there anything I can do to overturn the tribunal decision regarding the overpayment

and

what action can I take against the LA for this abuse of process?

 

I lost my home and contents and they raked through every corner of my life with their investigations.

 

The harrassment of me must have cost the residents a pretty packet.

 

I would appreciate any advice you may have.

 

Thank you.

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did you appeal to Upper Tribunal?


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did you appeal to Upper Tribunal?

Yes but it was refused. I thought that was that but have since been told that there was Judicial Review. I had a lot of Civil cases going back and forth with the LA at that time so was distracted. Thank you.

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several old threads merged for history

 

 

dx


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based upon your apparent reticence to provide sufficient details of what has happened to allow people to adequately offer meaningful advice, i would advise that you seek professional legal advice about options open to you


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