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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Fibromyalgia And Esa


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:)Hi All,

I Just Wanted To Let You All Know It's Not All Doom And Gloom When It Comes To Esa And Fibromyalgia, I Had My Medical On The 28th Of April And Up Until That Time I'd Got Myself In A Right State Which In Turn Had A Knock On Effect With All My Medical Problems, From The Minute I Got In There With The Doctor I Was Put At Ease And Any Questions I Couldn't Answer Were Directed At My Husband Who Is My Carer. I Was Very Lucky In The Respect That I Had A Doctor Who Was Very Well Educated On Fibromyalgia And All My Other Medical Issues ( He Was Telling Me Stuff That Even My Own Consultant Hadn't Told Me) And When It Came To The Phsyical Examination He Said There Was No Point As He Did Not Want To Cause Me More Suffering For The Rest Of The Day Or However Long It Took Me To Recover, After About 45minutes He Said It Was Time For Us To Leave Cos I Didn't Look Too Good, (He Also Commented On The Fact That My Husband Wasn't Looking So Hot Himself)

So That Was That, But Then I Spent The Best Part Of 5 Weeks Worrying And Over-Analysing Everything He Said To Me And Vice-Versa, Lost Many Nights Sleep Over Awaiting The Outcome. Then On Thursday Just Gone Got A Letter To Say I Had "Passed The Medical" And Was Put Into The Support Group. Yippeeee.

I Just Wanted To Let Other People Know That I Had A Positive-ish Experience With The Whole Thing And It's Not All Bad Outcomes For Everyone. The Only Thing I've Been Wondering Is What Happens Now? :)

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Glad it went well for you.

 

What happens now? Your rate of benefit will increase, and this increase will be effective from day 92 of your claim. If there's any backdated money due it will be paid to you.

 

After a period of time that varies depending on the recommendations of the doctor who did your medical and the Decision Maker who placed you in the support group, you'll be referred for another medical. The timeframe can be anything from a few months to a few years.

 

You won't need to continue to submit medical certificates from your GP while you are in the support group.

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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Nice to see a positive outcome, thank you very much for posting - it gives hope to others. I bet you are relieved!

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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Hey, well done! That's doubled the number of people who've passed their assessment! Is this a small trend starting...? :)

Best wishes

Rae

 

Let's hope so.

 

I meant to ask you Rae, how's your new claim going? Any word of the dreaded assessment? Hopefully this time around you will have the same luck as the OP without having to put up a fight for it.

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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Thanks All Am Very Relieved, Especially After Reading About All The Problems Other People Are Having Trying To Get What They Are Entitled To. I Had To Go Through The Appeals Process For My Dla And That Was A Nightmare, Don't Think I Could Of Gone Through It Again, Maybe I Was One Of The "Lucky Ones" I Really Don't Know. Things Seem To Be Going Ok At The Moment But Am Just Waiting For Summat Or Someone To Come Along And Pop The Bubble!!!! :)

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  • 1 month later...

Just wanted to say Well done on getting ESA, I have been declined mine with no points at all. I have been told to appeal, but am not sure I have the energy, I just want to be put in the support group so I get help on trying to work again to get an income and a social life.

I'm not sure which option to take?

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  • 3 months later...

I was worried about this ESA thing. I am on income support at the moment as I was diagnosed with fibromyalgia 5 years ago (Had it for over 15 years). I also have chronic insomnia & athsma. I have had some drug treatments & counselling but none have worked. I worry that many of the medical assessors do not even know what FM is & the implications it has on your life. I am sinlge (I have a partner bt we do not live together) but I do get help with things like shopping.

I hope when the time comes for my M.A assessment under the new scheme, the assessor is as knowledgeable about FM as yours. It is a big worry :!:

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  • 5 months later...

Im currently in dispute with Atos Medical Services And the Dwp , I was seen where the Scheme for ESA was rolled out at Burnley

I have seen 2 doctors previously both sympathetic to the conditions i have and was kept on with no issues.

 

my health which recently took a further downturn with more nerves acting up and i was sent for another medical at burnley this time i saw a nurse, the nurse did the examination incorrectly made up several allegations one of which was i sat in a chair for 60 mins

i was only in there 30 mins. Then stated synthetic morphine was a "mild Painkiller" during the examination i had a cramp attack and the muscles were having spasms i indicated this she ignored it.

 

the report was full of other fabrications eg i could stand for 30 mins this again was a lie after 5 mins the legs go numb and lumbar pain starts.

 

i placed a complaint and proceeded to investigate things myself and reported the nurse to the nursing and midwifery council whilst on thier site i checked her credentials she was listed as non practicing, basically meaning she was not working in a nursing role or working where a nursing qualification was a requirement i sent the following letter to Atos to which they have not replied as of yet.

 

 

 

i found the following Form the NMC’s code of practice regarding registration the following applies:

 

 

 

“Associate non-practising membership is available to those nurses who wish to take out membership of the RCN, but who are not working, or who are not working in a role where a recognised nursing qualification is a requirement to enable them to undertake that role. Members of this category can access most membership benefits and services, with the exception of workplace representation and our indemnity scheme.”

 

 

 

So with regard to this as Mrs **** is registered as Non Practising – So i believe it is either

 

1) Atos Medical Services do not require medical professionals to undertake these medical examinations – which is a act of negligence as they are using persons who may not necessarily be suitably qualified to undertake medical examinations and making statements of a medical nature. So basically anyone could undertake these examinations with no official medical qualifications.

 

this is a unlawful act.

 

Or

 

Mrs**** committed a act of negligence by not informing her employer she was not registered to carry out duties where a recognised nursing qualification was required. So therefore breached the nursing code of practice by undertaking medical examinations on individuals . this would be conceived as a act of gross misconduct , breach of tort law

and a breach of the human rights act.

 

Can you confirm if you employ people without a recognized qualification to undertake these examinations – as Mrs **** registered as not working in a medical capacity - or has Mrs **** Comitted a Act of gross misconduct i have a right to know as she undertook my "medical examination"

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hi. sorry to hear of your trouble. sorry to interrupt but I'm having tests left right and centre for muscle disorders. I'm just anxious to follow the the topic as I too am trying to plan for the future. I'm getting to the stage where now I'm not safe to work on sites as I've just cracked three ribs by falling off a platform whilst at work. I'm self employed but was working for someone at the time. I never got paid for the half day I did that day either but I'd like to add that people tend to forget or ignore what we suffer from.

anyway mini rant over good luck :)

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