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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Blank A42 form?


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Hi,

 

My father is claiming ESA and PIP. He gets two pensions, both of which provide him with money that is topped up by the sea to make a livable wage.

 

He sends payment slips to the DWP, they decide he's fine, and is entitled to £8 a week from them. Which is good, because with his ESA active, he gets housing and council tax benefit. So he always makes sure he updates then about changes.

 

He has about £8k in savings, which is due to drop a lot as he has bought a funeral plan, will, and LPA agreements and is waiting for cheques to clear (solicitor recommended cheques, as the LPA clears much quicker with one for some reason) he's had this for 1 month, prior to that he was below 6k.

 

Today he got his usual letter in March, asking for an update on his pension... I guess because he will get a state pension in May, they want to make sure its all still the same too.

 

Attached to his recent request though  is an A42 form. But it's blank, and we don't know if it's normal.

 

It asks for his details, as I would expect, but the back where it says 'what we need' no boxes are ticked, where it says they would like to contact, the box is empty.

 

He's not sure what he's meant to be signing here, and what is going on, or what info to give as he has shown his pension and bank statements already on the other form

 

Does he tick applicable boxes, and give the details of his bank.... or should this have been filled already, and a blank form was sent by mistake (this particular form doesn't have his full name on either, it's addressed just to his first name)

 

Thanks for any help

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why not ring and ask...always the best way.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, dx100uk said:

why not ring and ask...always the best way.

.

Hoping for a quicker answer, mainly. Everytime i call dwp I'm on hold for 2+ hours, and I don't always have that time available when visiting my dad, and he can't call himself due to anxiety. I'll try tomorrow though

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Or use his online hmrc.gov portal to the dwp. Your dad will have a journal page the re to ask things.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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18 hours ago, dx100uk said:

Or use his online hmrc.gov portal to the dwp. Your dad will have a journal page the re to ask things.

That's no use, unfortunately. He's on ESA, and the government portal DWP section is only accessible for a Universal Credit claim.

 

It's a bit crap really, can't find any information anywhere about the form can't ask them a question online, so need to call.

 

I'm writing this whilst on hold, and have been on hold since 9.20 so that's nearly 2 hours.

 

I need to leave in 15minutes, so unless they answer soon I wont even have time to ask and will need to call monday

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claimant can go to local Job Centre if this is the only way to speak to someone from DWP

We could do with some help from you.

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6 minutes ago, unclebulgaria67 said:

claimant can go to local Job Centre if this is the only way to speak to someone from DWP

 

This is hard though due to the aforementioned anxiety issue. He has huge panic attacks if he leaves his home, not to mention our local job centre isn't exactly easy to get an appointment at, and they won't speak to me at all.

 

This is part of the reason for the LPAs I mentioned earlier, so I can deal with stuff like this for him.

 

If I'm unable to contact them on Monday, I will try and arrange a face to face meeting. But I suspect it will be at least a week for that, and then can't guarantee I can even get him there without issue.

 

Really shocked there's no info online about this form. I've found others who have mentioned it, but they all say they received a form specifically asking about a bank account... this form has nothing mentioned, and seems like a template. I'm assuming it's an error, but don't want to just simply ignore it if he is required to provide something. But can't provide something if he's not sure what they're even after.

 

Fingers crossed I get an answer on monday

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9 minutes ago, tomtom256 said:

Only somebody from the DWP can you tell what they want completing and sending back.

 

I know that. I just wondered if anyone knew if it was normal to be blank... because it seemed to have been sent in error. Especially since its just addressed to his first name, and is sheet 4/12 but has no others with it.

 

No one seems to know, but old posts I found indicated it should have details on it, so I found it confusing. 

 

Not expecting people to know the ins and outs of his case and what they want from him, just if people had experience with this specific form.

 

No one seems to though, so may as well close the thread. Thanks for everyone's help and suggestions anyway.

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The A42 form may be the one, asking someone to list their savings and investments.

 

If this is the case, then yes it will be a blank form. 

 

What is the form asking about ?

 

Remember that DWP only keep any information for as long as it is required in line with Data Protection Act.  They will send forms out asking for up to date information

 

ESA is affected by other income, savings and investments.  So is this the reason for this form ?

 

According to info I found online the A42 is to enable to DWP to obtain up to date financial information that could affect any means tested benefits.

We could do with some help from you.

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21 minutes ago, unclebulgaria67 said:

The A42 form may be the one, asking someone to list their savings and investments.

 

If this is the case, then yes it will be a blank form. 

 

What is the form asking about ?

 

Remember that DWP only keep any information for as long as it is required in line with Data Protection Act.  They will send forms out asking for up to date information

 

ESA is affected by other income, savings and investments.  So is this the reason for this form ?

 

According to info I found online the A42 is to enable to DWP to obtain up to date financial information that could affect any means tested benefits.

 

He got the form along with 2 forms asking for updates for his 2 pensions. I figured it would be to do with his savings account, but as it just provides 5 tick boxes (none of which are selected, and 4 of which are none applicable) and then says "we would like to contact:" and then there is an empty box, which other people have mentioned having the same form where they specifically asked to contact a bank.

 

If its meant to be blank and for him to fill in his own details of his bank, I guess I'll help him get it all ready this weekend so we can send it off when they confirm it Monday.

 

I hope its not going to cause a huge headache cause he has a bit more than 6k in savings, because he only went over it when they backpaid him owed ESA, PIP, Housing and Council Tax as one lump sum after he'd cashed in a small 4k pension pot, he'd have never been over if they'd not removed his benefit last year without reason anyway

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Some savings can be disregarded.  These can include pension drawdowns, benefit back payments for a period of time.

 

Provide all of the information with the form and let a DWP decision maker review this.

 

If there are savings above £6000 threshold, there is a deduction amount that would apply which is think is about£4.30 for each £250 of savings above the £6000.   But if enough savings can be disregarded, there might be no deduction applicable

 

For ESA, it is only if the savings exceed £16000 they they would close the benefit.

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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