Jump to content


  • Tweets

  • Posts

    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
    • absolute rubbish, whomever told you that lied to make them sound important. no stores are using face recognition, they are not allowed too it's not been generally licenced by the gov't. it's only in a very few stores in central london. and they most certainly would never waste staff time searching old CCTV they dont even have. it should be wiped by GDPR laws etc after 30days. if you get any silly letters BIN THEM. go see your GP ASAP 
    • Thank you both so much for the reply. I am worried because they told me they have face detection systems in place, that they go back through the CCTV from their other stores and find out I've shoplifted from them before. How likely is this? Also they did not mention anything about DWF solicitors or retail loss prevention. Should I still expect a letter from them? 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

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

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

NHS BSA PCNs received *** Cancelled***


HP Mum
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 406 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

I have been sent some NHS PCNs.

A £9 prescription charge has become more than £100.

A £25 charge dental charge has become £250.

I have written to complain.   They state I need to pay.

I can"t.

 

Historically I have always had Nhs exemptions. 

NHS BSA wrote to me originally to advise Hmrc had informed them I was eligible.  I had received child tax credits and child benefit and working tax credits. 

I was sent a credit card-like exemption certificate which I kept in my wallet.  Then the Nhs replaced that with a paper certificate.  This ripped and tore and got lost. And I forgot about it.  My personal and working life has been tumultuous in recent years and with covid lockdowns this Nhs certificate was not in my mind at all. 

 

My financial circumstances are worse than they have ever been.   I have been involved in drawn out litigation which has taken up almost every waking hour - for 4 years.   I had no reason to consider I was no longer eligible.

 

One consolation - I have been working on a project for a friend.  The finished product will be sold and I will get paid a small % of the sale proceeds upon completion.   But until this happens I am working unpaid.  I have just finished the project and am waiting on final sign-off.  With luck I will receive some remuneration end summer.  Because I have always been self-employed and am working all hours - even if currently unpaid - I still claim and am in receipt of WTC.  It is tiny - under £250/month.  But I have no overheads (am living free at a friend's place - i.e. no bills or c tax).

 

I have not wanted to switch to UC - even though this would give me more £s/m - and I am eligible.  I just do not want to get into battles with the Govt about 'being available for work'.  I understand from colleagues that one has to fill out an online journal and regularly speak to the job centre.  I also understand the Govt stops uc £s if one doesn't accept the paid work they tell you to do. 

I don't want to lose the £s I currently get via WTC.   And I don't want to spend valuable time arguing with the job centre about availability for jobs. 

 

My legal battles are so time consuming and demanding - but I doubt the job centre would understand or accept that.   However - any one of the legal battles I am embroiled in could result in full restitution and/or a large settlement - which will make this horrible period worthwhile.  I live in hope.  Until that happens I live incredibly frugally.   Does anyone have any experience of the job centre accepting such circumstances as inability to work?

 

The trouble is that BSA is saying I am no longer eligible for exemption.  My kids are over 16 and I've lost child benefit and child tax credit.  My kids are students with their own student loans and maintenance grants.  But they still turn to me as a parent to provide food when they return to the place where I stay (rightly or wrongly). (They also aren't eligible for uc because they are students).     

BSA have written to say WTC alone doesn't make me eligible for nhs exemption.   I can't afford to pay - I am worse off than when they said I was eligible.  I have also been diagnosed with a health condition which requires meds.  On this basis I can't afford to take the meds.  Which the GP advises is jeopardizing my health/ longevity.  But this condition is not on the list of conditions the Nhs BSA consider for exemption.

 

Do I just ignore the BSA? 

Or will they continue to write and try take me to court?

So far they have ignored my letters and said I must pay the constantly increasing penalty charges...

 

Link to post
Share on other sites

What would taking someone to court achieve?

No assets to grab. No savings. No income. 

The only govt benefit sum is not even enough for food.

In my case -  i thought I was still eligible.

Link to post
Share on other sites

Thanks. I've read that. 

They say I'm no longer eligible - because Im not disabled and kids above 16.  If one gets working tax credit one has to also have a disability to get exemption or kids in education.   I didn't even think about checking eligibility status as my circumstances are worse than ever.

But looking at their criteria I am not eligible.

The fact remains  though that I cannot pay a penalty charge.  I've told them this. And told them I can't cope. And they just ignore it and say pay by x date or we will take further action.

Further action will obviously make the financial situation worse.  So - what do I do/ write?

 

On a separate thread last year someone said they have no power to enforce penalty charges - and the person just paid the original £9 fee and ignored the demands to pay the pcn? Does that still work?

 

Going forward I don't know what to do. The GP has prescribed meds - but I can't afford them.  Nor can I afford to even go to the dentist for checks.  I feel like I've fallen down a rabbit hole.

 

Link to post
Share on other sites

  • 2 weeks later...

Just as an update.

I chose to ignore the penalties.

Instead I sent cheques for the original fees and wrote accompanying letter on why I was refusing to pay the penalty charges.

Quite surprisingly I got a letter in the post saying they'd decided the mistakes weren't mine and they returned the cheques.

That was an unexpected reply!

Link to post
Share on other sites

  • dx100uk changed the title to NHS BSA PCNs received **cancelled**
  • AndyOrch changed the title to NHS BSA PCNs received *** Cancelled***
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...