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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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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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I have arthritis, am I entitlied to DLA?


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I am 36 yrs old & was born with a congenital dislocated hip. As a child I attended hospital appointments, as I had years of being in casts. It was established at the age of 11 that I be dismissed from hospital as they could do nothing else for me.

Since then my condition has worseded & I now have arthritis in my lower back & right hip.

I was sent for x-rays from my doctor & it was established that I did have arthritis & I needed physio. Physio, didn't really help as I also have 1 leg shorter than the other (I had no balance when doing the physio) so I was given a heel raise of 1.5" to wear in my shoe & discharged from the hospital's physio department.

I now get incapacity benefit & the last time I had to go for a medical was around 8 years ago (I was sent a medical form to fill in around 5 yrs ago & got a letter back saying they will contact me Dec 2008)

My arthritis has worsened & I now find it uncomfortable during the night & I end up going "walkabout" as it's too painful.

I don't know if I should apply for DLA as back in 1996 my daughter was diagnosed with Leukaemia & turned down! The hospital social worker re-applied again for us & she was finally awarded it.

SO, I'm thinking, if they turn down a child with cancer, what hope do I have with arthritis?

I also suffer with depression, which is related to other issues & my arthritis.

Many thanks & sorry that this is a long post.:)

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Only one way to find out.... ;-)

 

The trick to remember with DLA is to describe every day at its worst. If on one day, it takes you 10 mns to walk to the shop, but the next time, it takes you 20 mns, then you write 20 mns. It is an awful form to fill in, pages and pages of questions seemingly endlessly repeated, so don't try to fill it all in one time.

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The important factor to take into consideration, when applying for DLA is to persist, they have a very high rejection rate for first-time claimant at around 65%. If rejected, appeal, as around 85% of appeals are successful in favour of the claimant. Wherever possible get a social worker or a welfare rights advisor to assist with the application and any subsequent appeals as they know how to work the system to your advantage.

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That's great thanks, I'm thinking that as I have xrays from birth surely there's no getting away from the fact that my condition has worsened. I rely on taxi's & other people for the supermarket etc... somedays my husband or daughter helps me up & down the stairs etc. I've fallen down the stairs twice last month, so I know with age I wont get any better.

Thanks for all your help, I will give it a try. I'll no doubt get knocked back & would've probably never re-applied, so I'll just keep going. Cheers :)

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Just remember that a lot of the "no" at DLA levels very often get turned into "yes" once going in front of the tribunal, so don't be afraid to go to appeal if the turn you down.

 

I went to tribunal with someone whose AS son had been turned down for DLA 4 times, we went to tribunal and came out with middle rate for care and lower rate for mobility, and a £4k backdate on her claim. :-D

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Fully agree with Bookie about putting down how bad you are as opposed to how you cope; I filled out the forms for both of my grandparents, who had also been turned down before. They (like most people I would have thought) didn't want to 'put themselves forward', but I had to convince them that if they didn't put it down on the form, as far as the assessors were concerned their 'bad days' didn't exist. Granddad can walk to the shops slowly on a good day, but on a bad he can just about make it to the end of the garden - therefore you put down something like 'cannot walk more than 10 metres unassisted/without supervision' rather than 'can walk to the shops if slowly' - you need to cover all the situations that your disability would affect in order to get an accurate assessment.

-----

Click the scales if I've been useful! :)

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Hi lisachloe, the thing to remember when applying for DLA care component is that it is the help you need even if you are not actually getting this at the moment, its what help you require. So its important to keep this in mind. For example, getting out of and into a chair, or in and out of bed. It helps if you have medical evidence, which is sounds as though you have and even better if you have doctor, physio details as well to add weight to you application. Details of your depression can also be included in your claim but with mental health issues it is very important to have doctor, health worker details etc as without this it is very difficult to mak a successful claim. Organisations like the Citiziens Advice Bureau can help you complete the forms and also help with any appeals if they are needed. If it is difficult for you to get to a bureau it may be possible for a home visit. Worth a telephone call if you find the application a bit daunting. Good luck

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