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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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DLA - Can I appeal against decision and is it worth it?


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Hi,

 

I put in a claim for DLA on the 8th of May this year due to the fact that I have several problems that restrict my mobility and balance. All of which came on since around November last year.

 

I received a letter dated the 29th of July, today saying I am not eligable for any of the components of DLA.

 

I have two dessicated discs in my lumbar region and facet joint disease in the same area which was diagnosed when I had a MRI scan of my back after the Back Specialist I see up the local hospital was examining my back when I was sent up there for physio by my GP and I nearly went through the roof with how much it hurt.

 

I have a copy of the MRI report which states this problem.

 

I also see a Neurologist about poly neuropathy which the cause of at this time is unknown but I have had several tests to find out the cause including, MRIs, Blood Test, Nerve Conductivity Tests repeatedly, all which havent shown the cause yet except for the blood tests showing a lack of B12 in my body which now means every 3 months I get an injections of the vitamin from the nurse at my GPs.

 

I've also had a Lumbar Puncture and a sural nerve biopsy to try and figure out what the cause of the neuropathy is. I haven't received the results of these tests yet but I told the DLA that they were coming but apparently they couldn't wait on them.

 

I also have alot of trouble with my right hand now. I can't write for more than 5 minutes without my hand seizing up which means cooking a meal is fun as is cleaning and washing up.

 

I have a diagnosis for my hand not including the neuropathy which doesn't help matters. I've been told by the Orthapaedic Consultant who I see who specialises in hand/arm problems that it is DeQurvains Syndrome. I have tried everything to get this treated, I've worn splits, had a cortisone injection which made no difference except for my hand/wrist to hurt for 7 days non stop.

 

Apparently the decision maker made the decision that I can get up and down the stairs fine in my own time. Which is wrong I have to use either the stairlift if I am at home or if I'm out and there is a lift avaliable use that. If no lift is avaliable I am unable to get to where I am supposed to go.

 

Walking is a task an a half since my back hurts when I walk and I cant walk for long because of the neuropathy in my legs which makes them feel numb and my balance is affected.

 

I used to be able to walk to the bus stop to get into town. Now I have to get a taxi since walking to the bus stop which is a 5 minute walk for healthy people takes me about 25 to 35 minutes now.

 

Apparently they contacted my neurologist and my GP yet they didn't seem to be bothered to contact the Back Specialist I see up the same hospital. I only know this since they had me nag the both of them to get the letter to them faster when my Neurologist took a month to reply to their letter.

 

I also have asthma and my right kneecap likes to wander off in it's own direction at times (aka Patellofemoral Maltracking) which means it swells up and hurts some days worse than others. I mentioned all this in my claim yet I was still turned down.

 

I should mention I never once saw a DLA doctor to talk about this.

I also use a stick to help me walk now as I can't walk far without it as I look like a drunk when I do. My balance is messed up since I can't feel my feet properly.

 

Can I appeal against the decision or is it not worth the trouble.

 

Thanks in advance for any help.

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You certainly should have had ahome visit from their Doctor although it does depend what you put on the application. When filling it in you have to concentrate on your worst days.I you say that youhave good and bad days it will not help. Try and get a local Social Services rep to go through the form with you before you appeal but it sounds like you need to. Good luck!

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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Thanks for the replies.

 

I've also now got an ESA Medical tomorrow with ATOS (Yey isn't that going to be fun.... Especially since they've cancelled on me once when I had already been in the waiting room half an hour already.)

 

Anyway, can/will they take the ATOS medical into consideration if I put an appeal to DLA. Even though it's not nothing to do with DLA and it's ESA it's all still part of the DWP...when they get the report that is. Can they use this?

 

Thanks again.

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I had a home medical at home for my DLA and got high rate mobility low care. I then applied for ESA and have to travel 15 miles to have a medical assessment. I questioned this and bought up the subject but they don`t seem able to liase with each other. I also supplied them with a 28 page Harley Street Consultants report confirming my condition and inability to work (he came down to a local hospital to see me) but I still have to go!!

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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By the way I`ve been cancelled twice,once as my friend who had taken time off to take me was getting me in the car!!

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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DLA is turning down more claims than ever before these days. The light at the end of the tunnel is that a large proportion of these refusals are overturned (in the claimants favour) at appeal.

 

So yes, it IS worth appealing, however I'd get representation if you are finding it difficult. You can enlist the help of CAB or your Local Welfare Rights representation unit for free. You can find these services through your local council.

 

It is worth bearing in mind that DLA isn't paid on the basis of your diagnosis, as it is awarded based on the level of assistance a person requires with care or mobility rather than what the diagnosis is.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 7 months later...

Sadly, yours is a common story with DLA applications. I had a similar experience with a claim for my daughter. Fortunately, I am a writer and researcher by trade and I took it upon myself to do my research and write a compelling appeal letter. 12 weeks later she was granted DLA at the highest rate and payments were backdated to the date of the original claim.

 

Since then I have been helping others with their appeal letters through my business. We have been very successful with the appeals (6 out of 8 have had the decision changed) but unfortunately, I am not able to provide this service free of charge yet because it is a very lengthy process and takes time away from my other work, but I hope to do so in the not too distant future.

 

You are absolutely entitled to DLA mobility and I recommend you stick with it and appeal. Research the Decision Makers Guide (this is the guide used to determine claims) and write a concise and detailed appeal letter providing any documentary evidence (doctors reports etc) to evidence that you meet the criteria from the DMG.

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Yes I would appeal, my son is currently appealing his refusal at the moment, and I would strongly reccommend that you contact your local Welfare Benefits officer and they can help you put the appeal together.

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