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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

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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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Mistakes in benefits claims could cost up to £500m


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This is the IB to ESA conversion which completely ignored any IR ESA they might now be entitled too.

 

The gist being the DWP argued that Conts and Income ESA were separate benefits and you had to apply for it on conversion.

 

Welfare Right workers argued (and won) that ESA is a single benefit and any failure to award any part of it was down to lack of investigation by the DWP.

 

Massive thread on it here https://www.rightsnet.org.uk/forums/viewthread/5928/P135/

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As some one who has been through this process myself, and has been on the exact same amount for over 4years now... I'm wondering if I'm one of those who have been underpaid... I got converted from IB to ESA and was told that I wouldn't be getting any annual increases in ESA at all and couldn't tell me for how long... more than 4yrs later and I'm in more poverty than I was then.

 

Crossing my fingers that I'm due some kind of repayment of any arrears, as that may get me out of debt entirely.

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OK, I've had a quick read through of that thread... What I can gather is this... I was transferred from IB on to cont ESA and never informed that there were additional options... I was lead to believe that my cESA was frozen until such a time as ESA caught up with IB amounts and that the extra payment was nothing more than a top up... I'm starting to think that 'I AM' one of those who may have been underpaid for more than 4yrs.

 

DWP say they only became 'aware' of this in Dec 2016... whilst the thread has been going for almost 4yrs and I've read posts that quote letters sent to ministers & DWP.... Seems like this is more of a deliberate attempt to deny people in the name of austerity, and another way to keep the sick and disabled on the bottom rung and unable to support themselves at all.

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  • 2 weeks later...

Has anyone heard any more about this?

 

I called my local welfare help centre, and the woman answering the phones hadn't even heard anything about it... Told me to just wait for the DWP to contact me.

 

If they've not done so after more than 4yrs... I can't imagine that they'd voluntarily be offering me 4yrs of back payments.

 

I have no idea how to even find out if I should have been moved on to irESA instead of dumped onto cESA after being moved from IB... because that amount hasn't changed in over 4yrs, cost of living keeps going up, rent keeps going up, they keep increasing my council tax payments each year because they can get away with raising the % of contributions for those on benefits.

 

I desperately need help and advice... but my local welfare rights service have no clue... Where do I go?

 

I tried that rightsnet site discussion boad, but you can't sign up unless you are part of some organisation... So can't ask for help there... So I'm kinda relying on getting some good advice here.

 

If I should have been on irESA from 2013, that's more than 4yrs of back payments owed which amounts to several thousand pounds... Money that could finally get me out of the debt I've built up over that period because I never have enough money to live on... and the mental stress it's having on me is significant, especially at a time when my physical health has been in decline and I can't even get crapita to do the assessment for PIP.

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  • 4 weeks later...

Update on this for anyone interested.

 

I spoke with a local welfare help service again (not just the receptionist who didn't even know about it), who informed me to get an ESA3 form fill it out and make a claim for backdating the ESA to when I was transferred from IB. I did that a few weeks ago and today spoke with some one who informed me that as of the 21st Dec I was being transferred on IR ESA and will be getting an extra £13.50 a week.

 

However, they don't deal with the backdating side of things so that will be dealt with by another team/dept and I will have to wait for a response on that. But it's a step in the right direction and means I can breathe a little easier money wise... at least until I find out how this will affect my LHA and CT benefits... They normally give with one hand and snatch it away with another.

 

But they never argued anything regarding medical records/forms/proof from doctors and so forth... transferred me over to it from the day after my last payment.

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