Jump to content


  • Tweets

  • Posts

    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
  • Recommended Topics

  • Our picks

  • Recommended Topics

ESA and permitted work


Bev250264
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 424 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Morning. I need some advice.

 

My husband owns his own business and he is sole owner and director. I am on ESA Support Group and have been for over 20 years.

 

Up until now he’s submitted his own accounts but we now have an accountant as he is a limited company and the accountant has suggested that he put me down as earning £130 a week and take that off my husband’s wages. He says it won’t affect my ESA as it is within permitted work allowances but will allow us to use up my unused tax allowance. (My OH only draws about £18k).

 

I want to speak to DWP about it but I’m worried it will trigger a review. Having had to go through a PIP appeal before - which I won - I don’t want to rock the boat. If and when the business can afford it I will stop claiming ESA completely but right now we rely on it and we’d really struggle if I lost it.

 

if I can take the £130 a week and still get my ESA like the accountant says then I’ll do it as he obviously thinks it’s the right thing to do. I want to make it clear We wouldn’t be earning any additional money, he’s just talking about redistributing what we already get.

 

Any ideas if this is allowed? 

Link to post
Share on other sites

Hi.

 

Hopefully someone like Uncle Bulgaria will come along and advise you on this because I'm not sure if working for a spouse comes under the rules. While you're waiting for him to appear, you might like to have a read of the turn2us guide with more details.

 

https://www.turn2us.org.uk/Benefit-guides/Employment-and-Support-Allowance-Permitted-Work/What-is-permitted-work-Employment-and-Support-All

 

In case it's relevant, could you tell us whether you're on income-based or contribution-based ESA please?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi UncleBulgaria67 thanks for the reply.

 

I’ve read that through but it’s the fact that it’s technically working for my husband that’s the issue as I’m not sure this is allowed. 


I may just leave things well alone for now until we’re in a position for me to come off ESA altogether.

I’ll tell the accountant to leave things alone.

 

As I said, I won’t be working, it’s more something he wants to do for tax purposes which is why I don’t want to rock the boat as I won’t be any better off. 


 

Link to post
Share on other sites

 

The issue would be, that when your ESA entitlement was due for assessment, you would be asked about the work you have been doing and if the employment was really just a way for your husband to legally minimise tax being paid, then it is question whether it was worthwhile. 

 

If you genuinely worked for your husbands business and this was found beneficial to your health/wellbeing, then it would be a positive step to take.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

What information have you found that says you cannot work for a partner or other relative ?  I could not find any information stating this.

 

Why not call the ESA helpline and 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

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...