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    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract 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 carpark 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. 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.   Thanks  
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Phil121176

3 week course for universal credit

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Hi everyone

 

Went to sign on today for my Jobseeker’s Allowance and everyone was given one these piece of paper about a 3 week course to switch to UC,anyone else had one of these or know what’s its about,work coach said it’s mandatory,is this true?

 

Thanks

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If a 3 week mandatory course has been specified, I would expect a revised claimant commitment to have been issued stating this and you have been given a warning that sanctions could be applied if you did not attend.

 

If you are unsure of the mandatory status of the course, suggest you contact the Job Centre. Also ask about expense payments e.g travel costs and that attendance hours on the course count towards job search hours required.

 

Don't know about the course, but have read that preparation courses have been arranged because claimants will be required to provide much more online information about job searches, copies of CV's etc. It is possible that once on UC, any claimant will have more contact with a service centre by phone, online communications and less visits to a job centre. Work search reviews might be by teiephone looking at what effort is being made to locate work and possible sanctions applied if phone appointments not kept or insufficient record of job searches completed.

 

Once all of the legacy claimants are transferred to UC, there will be an estimated 7 million claimants. While many of these would be in work, with not much DWP contact, the ESA and JSA numbers would be too much for Job Centres to handle, therefore I think change as suggested is pretty likely.

 

If you can, try to get any job, if only part time, to get away from the DWP obstacle race.


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If a 3 week mandatory course has been specified, I would expect a revised claimant commitment to have been issued stating this and you have been given a warning that sanctions could be applied if you did not attend.

 

If you are unsure of the mandatory status of the course, suggest you contact the Job Centre. Also ask about expense payments e.g travel costs and that attendance hours on the course count towards job search hours required.

 

Don't know about the course, but have read that preparation courses have been arranged because claimants will be required to provide much more online information about job searches, copies of CV's etc. It is possible that once on UC, any claimant will have more contact with a service centre by phone, online communications and less visits to a job centre. Work search reviews might be by teiephone looking at what effort is being made to locate work and possible sanctions applied if phone appointments not kept or insufficient record of job searches completed.

 

Once all of the legacy claimants are transferred to UC, there will be an estimated 7 million claimants. While many of these would be in work, with not much DWP contact, the ESA and JSA numbers would be too much for Job Centres to handle, therefore I think change as suggested is pretty likely.

 

If you can, try to get any job, if only part time, to get away from the DWP obstacle race.

 

Thank you for your reply,think I need to find out if its mandatory.just wanted to know if anyone knows anything about it,tried searching but can’t seem to find anything about it

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Job Centres organise such courses regionally, often with an outside company. So unless a JSA claimant from your area sees your post, you might not get a reply from someone in the same position.

 

Courses such as these can be mandatory, but they have to change your commitment.


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Hi everyone

 

Went to sign on today for my Jobseeker’s Allowance and everyone was given one these piece of paper about a 3 week course to switch to UC,anyone else had one of these or know what’s its about,work coach said it’s mandatory,is this true?

 

Thanks

OMG I think I am going into meltdown that letter needs to go viral.

 

Absolutely no way can you be mandated to take part in that in any way shape or form .

 

It not job market related activity for one thing to learn how to sign on, how the heck can claiming benefits require a 3 week course it is just utter madness.

 

Secondly they cannot change your live claimant commitment willy nilly without first going through a disicion maker and then only if DM agree the change is within the guidelines and this is clearly not

 

Third and most important part is in order to start the course would require you consent ! in order to secure funding amongst other things so it is not something to worry about just refuse to sign anything.

 

Finally if your asked or told to do something ask your work coach to use the proper approach and put it in form of a job seekers direction or mandate letter else you will assume it is your choice.

 

9/10 they cannot do this simply because it is your choice.

 

Try telling people on benefits how to budget is so condescending and a shows what little they know but as always unemployment nowadays is a business opportunity and now apparently a 3 week course is needed to understand how to sign on.

 

Is this a dream or reality seriously wtf..................arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

 

Everyone needs to stand up to this bull crap because they are coming for us all !!!

 

Edit:

arrrrrrgh

Edited by trebormoinet
a final arrrrrrrrrhhhhhhhh

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Having looked into this, apparently last week DWP started to mandate long term (2 years or more) JSA and UC unemployed claimants into attending a course like this.

 

This started to be done from 3rd of April, so I presume this is what this is. DWP can mandate this type of course as a decision per the original condition of benefit, but would have to tell claimants, update their commitment and warn of sanction.


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Having looked into this, apparently last week DWP started to mandate long term (2 years or more) JSA and UC unemployed claimants into attending a course like this.

 

This started to be done from 3rd of April, so I presume this is what this is. DWP can mandate this type of course as a decision per the original condition of benefit, but would have to tell claimants, update their commitment and warn of sanction.

Seriously where do you get your facts from ? apparently ?

 

"as a decision per the original condition of benefit" what does that even mean ?

Care to share what it was you were looking into ?

 

This type of course CANNOT be mandated full stop.

 

Please stop spreading fud and check your facts again.

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Seriously where do you get your facts from ? apparently ?

 

"as a decision per the original condition of benefit" what does that even mean ?

Care to share what it was you were looking into ?

 

This type of course CANNOT be mandated full stop.

 

Please stop spreading fud and check your facts again.

 

 

Hi again

 

They have not given me any letter saying it’s mandatory just that piece of paper I posted in here,doesn’t even have my name on this paper just the info highlighted with pen and address of the place and the day I have to go with is Monday 16th

 

Just thought if it’s mandatory wouldn’t they have given letter saying so?

 

Thanks again

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Just thought if it’s mandatory wouldn’t they have given letter saying so?

 

You need to contact your local JCP office as soon as possible. Whilst you should have been given written notification if this is a mandatory activity, it may have been issued and recorded as a verbal Job Seeker's Direction.

 

And yes, budgeting, money management, and other life skills were mooted as course material for mandatory activities when Universal Credit was first launched. Having seen the inane "courses" offered by the likes of A4e under the remit of the Work Programme, it doesn't surprise me that other providers will seek to milk the U.C. system now that the WP is coming to an end.


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Yes you need a mandate letter but they will not always tell you that and might try to imply you have to attend.

 

Always ask for it in writing if it is compulsory and make sure it is a legitimate mandate letter and not something they have knocked up.

 

They could in theory mandate you to attend this so called "opportunity" but that does not mean you have to sign up.

 

Sign nothing, say no thank you not for me.

 

But really I do not think they would even contemplate trying to mandate anyone to attend that opportunity,it really is a joke, and shows how broken UC actually is if you need a 3 week course and a qualification to claim !!!!

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You need to contact your local JCP office as soon as possible. Whilst you should have been given written notification if this is a mandatory activity, it may have been issued and recorded as a verbal Job Seeker's Direction.

 

And yes, budgeting, money management, and other life skills were mooted as course material for mandatory activities when Universal Credit was first launched. Having seen the inane "courses" offered by the likes of A4e under the remit of the Work Programme, it doesn't surprise me that other providers will seek to milk the U.C. system now that the WP is coming to an end.

 

Job seekers direction must be given in writing same as mandatory notification and will recorded on the lms as such.

 

If no such letter has been produced no direction has been given.

https://www.whatdotheyknow.com/request/114206/response/278898/attach/3/Jobseekers%20Directions.pdf

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Thanks for your help really appreciated

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Thanks for your help really appreciated

Also unless you have an applicable change of circumstances and naturally migrate to Universal Credit , Managed mandatory migration does not begin rolling out until 2019 and might not be complete until 2022 or later so you could be a long way off from UC anyway.

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Seriously where do you get your facts from ? apparently ?

 

"as a decision per the original condition of benefit" what does that even mean ?

Care to share what it was you were looking into ?

 

This type of course CANNOT be mandated full stop.

 

Please stop spreading fud and check your facts again.

 

Not spreading fud. DWP started a mandatory course from 3rd April aimed at long term unemployed, covering the subjects the OP's first post included. Either it is the same course I have heard about or it is something different.

 

The OP should check with the job centre about the mandatory status of the course and why no formal notice of this was issued.


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Not spreading fud. DWP started a mandatory course from 3rd April aimed at long term unemployed, covering the subjects the OP's first post included.

 

Not even the DWP would be so fool hardy to even contemplate such a thing.

 

Would it not be better to point to this mysterious mandatory course the DWP are rolling out from the 3rd of April as in a link or news story or whatever than leaving us in the dark ?

Either it is the same course I have heard about or it is something different.
Either way no course such as this would ever become mandatory.

 

 

THE work and health programme is the only recent mandatory scheme I know of that is currently being rolled out.

 

The OP should check with the job centre about the mandatory status of the course and why no formal notice of this was issued.

No formal notice of this was issued because it is voluntary, that course is run by a third party provider who requires funding, in order to get funding they need Consent from whomever has been referred, no consent no funding.

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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/696663/adm10-18.pdf

 

Work & health programme also for long term unemployed ( 24 months or more) from 3/4/18.

 

Might not be the same thing as OP has been asked to attend, but it covers help with CV's, job searching etc.

 

I am just questioning whether this new course is preparation for UC or actually provided as part of work & health programme, who will no doubt also cover legacy benefits moving onto UC.


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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/696663/adm10-18.pdf

 

Work & health programme also for long term unemployed ( 24 months or more) from 3/4/18.

 

Might not be the same thing as OP has been asked to attend, but it covers help with CV's, job searching etc.

 

I am just questioning whether this new course is preparation for UC or actually provided as part of work & health programme, who will no doubt also cover legacy benefits moving onto UC.

 

It still makes no difference if they try this on the work programme or work and health program it is not a mandatory requirement or a labour market activity by any stretch of the imagination.

Simply put You cannot be mandated to attend any session that deals with budgeting, claiming Universal credits or any other group activity that I can think of for that matter.

 

No mater who the provider is.

 

They might lead you to believe otherwise but I can assure you when it comes to putting it in writing they yield.

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Hi just wanted to update you,I took a risk and didn’t bother turning up to the coarse because after what trebormoinet had posted I didn’t think it was mandatory.Went to sign today and they didn’t say anything about not attending so it must not have been mandatory

 

Thank you so much for your help

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Hi just wanted to update you,I took a risk and didn’t bother turning up to the coarse because after what trebormoinet had posted I didn’t think it was mandatory.Went to sign today and they didn’t say anything about not attending so it must not have been mandatory

 

Thank you so much for your help

 

Thanks for letting us know how you got on and will reassure others who may be facing the same issue.

 

Not only have you saved the public purse money by not enrolling to the circus, not claiming travel costs, but also given yourself more time to concentrate on doing what you think is best, after all you know yourself better than anyone else.

 

As always if ever you are asked to do something you feel is not in your best interest ask for it in form of a Job seekers direction or mandatory notification otherwise, no thank you, I will pass on that.

 

You then still have a further chance to appeal.

 

And make sure it is formatted and worded correctly they tend to pass fake ones over if asked.

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Thank you for your help trebormoinet

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