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    • Their letter to you was rather condescending and even rude  "-in order to allow a reasonable driver to be notified of the terms and conditions". So f they do decide to go ahead from here remember that when responding to their Witness Statement as they never get that right. 
    • We still have not seen either the Notice to Driver or hte Notice to Keeper PCNs. As these are legal documents that can help  your case could you please post them up. I did ask last year if you didn't retain the NTD that you send UKCPS an sar. Did you do that? If you don't have those two vital PCNs [not the reminders] can you please send off an asr now. Sometimes the rogues use Trace to confirm their address is till valid with a view to sending out a letter of Claim. If you have received the SAR could you please post up its contents.
    • One more thing Madge just make sure that you include the payment confirmation from the phone app to ECP. this will never see Court if anyone at ECP has the ability to read and understand English. Then send it off to court and ECP. Next -at least one bottle of wine between the two of you and relax. It is over..........................
    • Thank you Restart for posting the original PCN-it is the one that has to comply with the Protection of Freedoms Act 2012 Schedule 4. And thanks to Nicky - I hadn't noticed the word Reminder on the first PCN and wondered why it was posted on the 29th June but Restart said he had received it on the 24th. The original PCN is not compliant with the Protection of Freedoms Act Schedule 4 whicch means that you as keeper are therefore not liable for the charge. The driver is the only one now liable and as you haven't appealed they don't know who was driving so you are both in the clear.  It is non compliant because they have not included the actual parking period just their own ANPR times that obviously include driving from the entrance to the parking place and later driving to the exit. Section 9 [2][a] refers- (2)The notice must—(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; They have also failed to ask the keeper to pay Section9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges Sadly although both of you are in the clear there is nothing yoycan do to bring this to a quick close. So you will just have to read piles of letters containg threats and unlawful increases in the amount they are charging. They can all be safely ignored knowing that your case will be thrown out should it ever get to Court. Though Dave is right that a letter to Starbucks might get you a quick cancellation. All you have to watch out for is a Letter of Claim which if received let us know and we can advise a snotty letter to send back to them. The snottier it is the more likely they will decide not to go to CourtIn the meantime read up other cases which have been successfful or ongoing cases esprcially ones similar to yours to understand the way these vile companies operate. Do not contact them as  you might let slip who was driving and that at the moment is your strongest asset.
    • Absolutely mental numbers right, it just never made sense to me how it was possible to use that much electricity. You'd think we were growing weed in there 🤣  Look forward to seeing what andy is going to submit. We have untill 4pm, right?   
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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hello there

my dad has a motorbility car using the higher rate mobility component of the dla, due to various medical problems

 

he has last week gone into hospital after having quite a bad stroke

 

currently, I am using his car to take family members to visit him in hospital, after an enquiry to check this was ok - motorbility say "Provided your dad is deriving material and/or practical benefit from the car and has access to it when required, he does not necessarily have to be present every time the car is used. For example if you do not have your own transport and you are using your dad's car to visit your dad or you are taking family members to visit your dad on a regular basis, he is receiving benefit from his car" mean that yes its ok for this use, I do have my own transport btw.

 

but in some of the leaflets about stroke we have seen, it says dla will stop after 28 days - will the payments for the mobility car also stop? / car have to go back? I can foresee he will be in hospital for a while.

 

thanks for looking

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Hi

 

My mother sadly no longer here had a motability car and when she was in hospital we had the same concerns about the car and they could not be more helpul at that time and as my father drove they just immediatley added him to the insurance and classed him as an additional driver but we made sure everything was in writing to basically be on the safe side if anything happened with the car.

 

I think you need to contact Motability and get it in writing that you are allowed to drive that car.

 

* They insure via RSA and RSA do need to know if there are any additional drivers of the vehicle for insurance purposes. So you would need this in writing from Motability that you do not require to inform RSA that you are an additional driver of the motabvility vehicle.

 

* They do have a policy on additional drivers but in hospital circumstances its always best to be open and inform them of the circumstances they will do there best to help you but please ensure you ask for it in writing to keep you on the safe side especially with the insurance.

 

Here is a link to Motabilitys Website: www.motability.co.uk

 

On there website at the top Click Car Scheme

Look down the left side for Customer Zone and Click

Near Middle of Screen Click Nominated Drivers

 

That Info may be useful

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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the insurance part is sorted, I have been a named driver on the policy for two years

 

its the dla stopping and possible loss of the car should he stay in hospital that is of concern - mainly to my mum at this stage, am sure that when he comes out of hospital we will need that car more than ever

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The answer as per this link to the NHS advice site is that no, Motability will continue even if the hospital stay lasts longer than 28 days.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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  • 4 years later...

My Dad who had a stroke in 2011 has a wheelchair car that requires me to drive, to get him about,

 

 

he has moved into a care home and I have a letter from the council saying his DLA must now stop

- I thought Motability was part of it

- will he lose his car?

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Hi,

This is from the Nidirect.gov website.

My understanding is that from what you say above, the Mobility Component should not be affected unless the Local Trust is helping pay for it.

You really need to clarify the funding arrangements, in order to be sure. I would also speak directly to the DWP and not just take the Councils word.

 

Residential care and nursing homes and benefits

 

A permanent or temporary stay in a residential care or nursing home can affect your benefits. Below are a list of benefits and how they may be affected if your stay is permanent or temporary.

Benefits and home fees

 

If you are receiving benefits and your circumstances change, you need to tell the Social Security Agency. You will probably have to contribute most benefits you get towards your home fees.

 

Moving into a home should not affect the mobility component of your Disability Living Allowance (DLA). It will also be disregarded when your local Trust is calculating how much you should contribute towards the cost of your care.

 

If your local Trust is funding your residential care or nursing home fees, both the care component and the mobility component of your DLA may be affected. You should contact the office that normally pays your DLA for further information.

REMEMBER! Hunger is the enemy - NOT the hungry!

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Should you happen to loose the DLA MOTO component then they normally take the car back 28 days after the DLA stops.

 

I must add that the Motobility Car people are thoughtful people and when we had to give up our Moto car they allowed us to keep the car another 2 weeks after the return time was up as my wife's Mother died shortly after my wife lost her DLA award. They did this so we could still have use of a car for the funeral.

 

I was told by the person who came to collect the car that they take the cars straight to auction now, So I guess that's why there's so many 3 year old cars on the forecourts of garages now. I was also told that there's is the chance to actually buy the car from them (not sure if this is true)

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Have Motability been informed they are in a Care Home as you may need to inform them, see this link: http://www.motability.co.uk/cars-and-wavs/customer-area/your-agreement-named-car-drivers

 

If none of the named drivers live at the disabled customer’s address, or the disabled customer lives in a care home where a number of drivers have access to the car, we may consider fitting a location tracker. This is to ensure the customer is gaining direct benefit from the car. We will always speak to the customer to discuss this in advance of a tracker being fitted.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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