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    • Yes Manxman has near enough covered it. Your wife must prove to the court that the measurement in her particular case cannot be relied upon. She will be hard pushed to do that. Showing that "this might have happened" or "that may have malfunctioned" will not do.   She should be offered a speed awareness course for that speed provided she has not done one of the applicable type (there are three) within the last three years. This will cost her about £100 and three or four hours of her time but, crucially, no points. If she does not fancy that or it is not offered the alternative is a fixed penalty of £100 and three points.   Nobody is entitled to any evidence before court proceedings begin. Drivers can ask for "any photographs which may help identify the driver." Obviously they should do so before responding to the Section 172 request for driver's details. Some areas provide them, others do not and there is no obligation to do so. The photographs rarely help identifying the driver as they are designed to identify the vehicle, not the driver. Identifying the driver is the duty of (in the first instance, at least) the Registered Keeper. Those photographs usually only form the evidence (if it is needed) to identify the vehicle. Evidence to substantiate the speed alleged will come either from the automatic device or, in the case of a manned device or a vehicle stop, by the operator or police officer who measured the speed.   You can see from the link provided by Manxman about Mr Keedwell's case, the perils of defending an allegation solely on the basis that the driver was "certain they were not exceeding the limit." Your wife would do well to accept whatever out of court offer is made.
    • Thanks for your sage advice, @Manxman in exile and @dx100uk   I'm surprised she was going that fast on that particular stretch of road, but there is a reason why West Mercia's finest stake it out on such a frequent basis. I'm not here to defend her (nor was i with her, or i would have suggested she moderates her speed), just wondering if there is case-history of these cameras being challenged. You have answered that very clearly, for which you have my thanks.   Time for her to suck it up, i suspect (again )   EDIT: Part of me was wondering if the camera might get it wrong if the view was interrupted by a lorry or something (the van was on the opposite side of the road).
    • i have read some and will try to read and understand some more, my generic defence shamelessly lifted from another thread is as follows.     1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.   2.  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 only contracted 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. The proper Claimant is the landowner.   3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.    
    • What a shame, that nice Mr Martin who's all for Brexit isn't happy about Covid restrictions on pubs.   https://www.theneweuropean.co.uk/brexit-news/westminster-news/tim-martin-on-coronavirus-and-pubs-6569000
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My partner moved in 3 months ago and I did not tell Tax Credits


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Please can someone give me some advice.

The father to my youngest moved in around her 2nd birthday in September, I did not know if it would work out at first so gave it time, I then phoned tax credits numerous times but was unable to get through.

I have been totally naive and I'm now in such a state as I have received a letter today from Tax credits stating they need to make sure my single claim is correct as a XXXX is linked to your address (my partner)

Of course I would of changed to joint when it was time to renew but I have had him stay a number of months now without them knowing.

I have to phone them and I really don't know what to say as it will obviously look like I'm just phoning as I have received letter.

I'm in such a mess, not eating, being sick, Iv read some scary stories, please has anyone any advice as to what to say on the phone,? I completely get il need to pay back an amount.

Thanku so much for your time.

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Hi Carly and Welcome to CAG

 

I have moved your thread to the appropriate forum..please continue to post here to your thread.

 

Regards

 

andy

We could do with some help from you.

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Please does anyone have any advice?

I need to phone them today and I'm a total wreak! I have been so stupid and naive I honestly did not think the consequences of not making them aware asap were so huge, I realise I was wrong after reading some story's. I'm trying to be prepared and get myself together for when I call them.

It's going to come down to why didn't I tell them, I can't really tell them because I'm absolutly stupid.

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Simply ring them up and inform them Carly...inform them that you have tried to ring them on numerous occasions but couldn't get through or no answer so gave up and decided to leave it until renewal.

 

You will feel better once you have done this assuming you can get through :-)

We could do with some help from you.

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They said on the letter they are looking from October 2016 , well he moved in on my daughters birthday on the 20/09 2016......you think that would be adaquate saying that? I'm honestly a complete mess with worry. I understand there is not much else I can say as that is the truth but I don't know if they will look kindly on that response?

Thanku so much for your response. :)

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Its irrelevant how they look at it...its the truth...if they wish to go from October...then October it is.

 

Let us know how you get on.....they will only make an adjustment but make sure you are happy and agreeable to their proposals.

We could do with some help from you.

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Hi Andy....I have been trying the number again with no joy so I called the normal tax credits number who I eventually got through to. They tried that number and it was engaged so she took my details and emailed the name on the letter I received.

She asked why I didn't make them aware beforehand, I stated I had been trying to get through but was constantly engaged, I am now at a point where I have received this letter so I had no choice but to try the normal number, I now realise I should have done this from the start, stupidly I didn't, I also had full intentions on updating upon my renewal.

She states she will forward the email with all the info and request a call back but to also keep trying that number.

So just a waiting game now I suppose.

She said she couldn't update as it was with that team and the letter I had received.

Don't really know what to do, I'm honestly such a mess.

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dont worry.... you have informed them...its up to them to get back to you now.

 

Keep a note of times dates and names.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Sorry Andy.....they have called.

I told them and the woman I spoke to was amazing! She completely understood, stated to me that time slips by without us realising, with Christmas and all, she was so so nice.

So they have stopped my single claim from today, they are sending me out a joint renewal pack, Iv to fill in and send back, she said there will be an overpayment but advised Iv not to worry about this they can come to a arrangement.

I have just to await word from them after I have sent pack back.

 

Thankyou so much for the time you took to respond, I really appreciate it, you calmed me down 😊

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:thumb:....and relax...

 

Well done Carley....always deal with problems promptly and head on......does no good to let them fester.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi Carly I am going through the exact same thing. I received my letter on the 8th. I have not been able to get through on the number either. I am going to spend the whole day on the phone and try and get through. Your post has reassured me some. Did they ask you to send any documents? Such as council tax bill, bank statements etc?

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Carly1111, as you are making a new joint claim, if you are entitled to payment as a couple, you should probably dispute the overpayment when it comes through for your single claim. This is to get HMRC to check any notional entitlement you may have.

 

This is in effect to take away from any single claim overpayment, any payment you may have been due had you claimed correctly as a couple. It won't necessarily cover all the overpayment, but it could make a serious dent in the amount you have to repay.

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