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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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      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.

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DLA APPEAL for a child


Louisev25
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Hi

I have recently been refused dla for my child

she is 12 years old sees a consultant for eneurisis clinic

wets in the day and night,

 

shes on medication,

also shes under a consultant being assessed for adhd and autism,

she has 1 to 1 at school and

 

i sent in a mandatory reconsideration on the 4th aug looked at it allready again,

i sent in diaries,

consultant letters,

paedtrician letters,

repeat prescription,

side effects of her medication,

a full patient summary

 

yet still they said they have not changed their decision,

 

im furious and dont know what to do to appeal.

I also have autism, dyslexia, dyspraxia, deprssion with social anxieties,

me attending court i would not be able to cope with people face to face

 

please can anyone help

thankyou

Edited by dx100uk
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To appeal the decision, you need to send form SSCS1, available here, to the Tribunals Service. You also need to enclose a copy of the "Notice of Mandatory Reconsideration" or whatever other letter the DWP sent you when they told you that the reconsideration request has not been successful. There is a guidance booklet at the HMCTS (Tribunals Service) website, link here.

 

If you really can't attend the Tribunal it's possible to request a "paper hearing", where the appeal panel will look at the evidence you've sent (and that sent by the DWP) and make a decision without you having to be physically present. However, I'd recommend that you do attend if at all possible, as the success rate is higher when the claimant is there to talk to the panel and answer any questions they may have. You can take a friend or relative for moral support, and you can also have a professional representative with you - talk to the Citizens Advice Bureau about where you might get in touch with such a person. It's definitely worth talking to people with experience in these situations since appeals on behalf of children can be a little more involved than those concerning an adult. This is because all children need a certain amount of assistance. Therefore it's not enough just to show that your child needs help with some things: you have to show that the help she needs is more than would generally be expected for children in that age group.

 

Note also that the Tribunal, although it is part of the Courts and Tribunals Service, is not like a court. It will be a lot less formal. There are no robes or wigs, for example, and the room where the hearing takes place will not be a courtroom like the ones you see in the news or on TV shows. The appeal panel will consist of a judge, a doctor and possibly a third person who will be someone with professional experience of working with people who have disabilities.

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  • 1 year later...

My daughter is 11 years old and has multiple health issues,

a severe autoimmune disease

as well as severe gastro problems,

 

she has to have a very restricted diet and there can be no cross contamination of any sort of food, shampoo, toiletries, etc etc as it is detrimental to her the same with towels, bedding etc etc the list goes on.

 

She cannot go swimming and is never invited to parties or outings.

She is also Vitamin D deficient,

has bowed legs,

contact dermatitis,

social anxiety,

delayed speech,

 

has a PEG tube in her tummy,

we have to use catheters and pull ups every day.

 

She was in receipt of DLA for almost 9 years and now has been refused as the DWP say she has the same needs as a child of her age,

we did a mandatory consideration and the same because she is like any other child of her age.

So the DWP are penalising a little girl,

any help advice would be great

Edited by dx100uk
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The advice in the post above yours is excellent.

Are there any charities specifically in relation to your child's illness? If so, they may be able to help with an appeal.

Try not to take it personally, DWP is apparently on a mission to reduce the benefits bill by any means possible and many, many people have to appeal to get benefits awarded for illness or disability these days, however the appeal success rate is quite high (over 60%) so don't despair.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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You may get more responses if you start a new thread of your own.

 

At 11, there would be certain things that she would be expected to be able do herself in terms of self care, unless she has other disabilities which means she requires help.

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