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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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      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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    • 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.

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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA question, advice needed


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Hi everyone;

I have a question regarding esa. My partner is currently claiming this but as we have a family and I’m unemployed a the moment it is a family element however any letters we get are only ever addressed to him etc.

I’m currently trying to look for work and have a few interviews coming up but I don’t have a proof of my national insurance, I’ve called hmrc and they are sending me a print out of my NI number - will that be enough to show them? I have nothing else which has it printed on.

Also I don’t have a p45 so I know I’d have to get one sent from the job centre when I inform them if I get a job - but would they write this in my name since the claim was in my partners?

I have all other relevant documentation required such as my passport, utility bills etc.

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Hi everyone;

I have a question regarding esa. My partner is currently claiming this but as we have a family and I’m unemployed a the moment it is a family element however any letters we get are only ever addressed to him etc.

I’m currently trying to look for work and have a few interviews coming up but I don’t have a proof of my national insurance, I’ve called hmrc and they are sending me a print out of my NI number - will that be enough to show them? I have nothing else which has it printed on.

Also I don’t have a p45 so I know I’d have to get one sent from the job centre when I inform them if I get a job - but would they write this in my name since the claim was in my partners?

I have all other relevant documentation required such as my passport, utility bills etc.

 

If you were employed at one time, then if your employer still exists, then they can provide a copy of a P45 ?

 

You don't normally need to prove an NI number to a new employer. You provide identity documents such as passport, birth certificate, photo driving licence, Bank cards/statement, utility bill, council tax bill. In the absence of a P45, your new employer normally just asks you for some very basic info including your NI number. Your companies payroll then just work with HMRC via electronic means and they can produce wage slips with the correct tax/NI. Sometimes if there is an issue you can be put on emergency tax rate, but that can normally be resolved.

 

If you are not claiming job seekers allowance, but come under your partners ESA claim, I wonder whether ESA is paying your NI stamps for you. Presumably when you were added, they checked records showing you were living with your partner. Your partner could phone ESA to check what to do when you get a job and need to be removed from the claim. Perhaps they can explain the NI issue in regard to yourself and what document they issue when you are removed from the ESA claim.

We could do with some help from you.

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I don’t have a p45. Would I be right in thinking I’d have to fill in a starter checklist?

 

So you have never worked for an employer and have never claimed a benefit in your name where DWP would issue a P45 ? If you claim benefits and your claim comes to an end, DWP issue a P45.

 

It is all electronic data these days anyway, so yes any new employers would run through a check list.

We could do with some help from you.

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So you have never worked for an employer and have never claimed a benefit in your name where DWP would issue a P45 ? If you claim benefits and your claim comes to an end, DWP issue a P45.

 

It is all electronic data these days anyway, so yes any new employers would run through a check list.

 

I did claim income support some years ago when I first became a parent but I don’t remember getting a p45 from them. It was then switched to my partners esa claim

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I did claim income support some years ago when I first became a parent but I don’t remember getting a p45 from them. It was then switched to my partners esa claim

 

IS is different. With JSA, ESA and Universal Credit which are means tested income type benefits that pay you NI stamps for the period benefit is paid, when the benefit comes to an end, they issue a P45. The benefit they pay in a tax year counts towards your taxable income for the year. Hence why yout partner should contact ESA to ask about this.

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

 

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I see. I’ve checked my hmrc account and can see I’ve had ni stamps paid for myself as I was on his claim. It was just the p45 issue that was a worry as it wasn’t my actual name claiming so don’t know how they’ll go about it when I inform them if I get one of the jobs I’ve applied for. Hopefully it’s straight forward and they can issue it in my name. I just didn’t want to complicate anything when I had an interview and put off a potential employer.

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I see. I’ve checked my hmrc account and can see I’ve had ni stamps paid for myself as I was on his claim. It was just the p45 issue that was a worry as it wasn’t my actual name claiming so don’t know how they’ll go about it when I inform them if I get one of the jobs I’ve applied for. Hopefully it’s straight forward and they can issue it in my name. I just didn’t want to complicate anything when I had an interview and put off a potential employer.

 

It is not relevant to a new employer whether you were on benefits and who is issuing the P45 . If you are receiving an income related benefit, then DWP will issue a P45 when you get taken off the ESA claim and you supply it to the employers when you get it. Before you are employed, the employer has to check your identity and make sure you are eligible to work in the UK. That just requires the identity documents mentioned.

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

 

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