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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. 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. Can a PPC (claimant) 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.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
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      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.

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Can i claim DLA for a child with Dyspraxia


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My son is six years old and has Dyspraxia he currently has a Occupational Therapist and Physiotherapist and has problems with his balance and co ordination

 

He has problems dressing, using a knife and fork and balance and very accident prone.

 

He wets the bed at night and is currently getting additional support equipment for his schooling

 

he can walk but cannot stand for long periods of time due to weak muscle tone

 

They have given us a list of equipment he will need at home but cannot provide this (lovely nhs cut backs)

 

Can we claim anything to pay for this DLA or otherwise

 

we just want the best for our son to provide him with the eqipment to have a more comfortable life?

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Experts will be along soon xx But from what you have said. well worth applying. You could speak to your doctor and say you intend to apply and he can make sure the case notes are up to date with care needs and he can write on sons behalf.xxx

 

 

 

Are you on benefits?

Have you heared of the community grant? They got me a disabled shower as not safe in bath.

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My 10 year son has dyspraxia and like your little boy, has much the same problems. He is on the waiting list to see an OT at present. The school nurse made the diagnosis of dyspraxia - he has NOT been officially diagnosed by the Occupational therapist as yet. The waiting list is really long here.

 

Yes, you can make a claim for DLA, an official diagnosis makes it easier, but it's not always necessary. Don't be put off by the size of the form and if you get refused, appeal. Nearly everyone gets refused first time unfortunately.

 

I would say, yes you can make a claim for DLA

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DLA is payable based upon the care and mobility needs, not the condition in itself. You will hear of people saying you cannot get DLA for dyspraxia alone - this is absolute tosh. You can get it.

 

My son is six years old and has Dyspraxia he currently has a Occupational Therapist and Physiotherapist and has problems with his balance and co ordination

 

does he have difficulty walking due to his balance and co-ordination? If so, does he need more assistance than the average child of his age to ensure he does not come to harm whilst mobilising?

 

He has problems dressing, using a knife and fork and balance and very accident prone.

Does he require your assistance to feed himself If so does he need this assistance frequently throughout the day?

 

He wets the bed at night and is currently getting additional support equipment for his schooling

 

He wets the bed; If you need to change him during the night, DLA will argue that this is not a care need as the need can be removed by the use of incontinence aids such as a nappy for example. The additional equipment he gets at school may also be argued that this is not attention or supervision over and above the average child; if he receives 1:1 support, then yes this is "attention" for DLA purposes

 

he can walk but cannot stand for long periods of time due to weak muscle tone

Does he need assistance or supervision with this?

They have given us a list of equipment he will need at home but cannot provide this (lovely nhs cut backs)

DLA are notorious in that if the equipment will reduce or eliminate a need, then that need will not be considered.

 

Can we claim anything to pay for this DLA or otherwise

 

we just want the best for our son to provide him with the eqipment to have a more comfortable life?

 

As you will see from my bits in red, to receive DLA he needs to have care and mobility needs arising from his disability to qualify. In addition, because he is a child, it needs to be demonstrated that those needs are significantly greater than the needs of other children of the same age and sex who do not have his disability. They will consider attention and supervision which is "reasonably required" as a result of his disability.

 

Certainly worth applying. I've heard of several people who get DLA for a child with dyspraxia. A wee tip; get help in completing the claim forms, as they are long and labourious. Assistance can be given by CAB or Welfare Rights. Also submit all the evidence you have: OT reports, and reports from any other professionals involved in your son's care. DLA will usually write to a professional in any case however they will not write to all of them which can throw a claim off balance if they only have the opinion of one or two of the professionals, particularly if they choose to write to the people who have the least to do with your son's care.

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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Are you on benefits?

Have you heared of the community grant? They got me a disabled shower as not safe in bath.

I've just had a quick look into "Community Care Grants" - a "gateway benefit is required e.g. getting Income Support, income-related Employment and Support Allowance, income-based Jobseeker's Allowance, Pension Credit, or payment on account of one of these benefits. These grants come under the "discretionary social fund" so they can be refused at the discretion of the "Decision Maker".

Have a look at the DWP web site (link above) and if think you're still eligible you can find out more about what things you may claim for here. Go to page 30 and scroll down to "Direction 4 (a)(ii) - Helping people to stay in the community" and read on from there up to page 37.

 

Best regards and good luck,

Paul.

I'm not a qualified welfare rights adviser, but I'm planning on becoming one. I'm no substitute for more competent advice from trained CAB and welfare rights workers - [URL="http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/127741-benefits-advice.html"]see this post[/URL] by Joa, great advice and links! I've been running a Crisis Loan campaign and help since Jan 2007 . See my annotations c/o "theyworkforyou". I'm also currently interested by the recent DWP Medical Services reform and the effect this is having on valid claims, seriously - someone needs to be keeping a suicide count.

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Dyspraxia is included on the DWP's A-Z of medical conditions so they obviously acknowledge that individuals with this condition may make a claim for DLA. As others have said it is not the condition but the way the condition affects you. A diagnosis of any medical condition is not needed for a claim but it does help.

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