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    • 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.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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ESA descriptors and points for epilepsy


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Does anyone know the new ESA points system for epilepsy or should I say the descriptors for epilepsy?

 

I have around 2 seizures per month and have just had a second ESA medical.

 

The ATOS medical rep learned nothing new about me except epilepsy is a neurological condition and is incapacitating following a seizure.

 

I explained that it is nigh impossible to plan a route back to employment when you're never quite sure when the next seizure will occur.

 

I suspect he thought epilepsy is a condition where you twitch a bit then wake up and then go about your normal business. It didn't realise its like being hit by a truck and affects every aspect of your being.

 

I think the DWP have changed the points system re:ESA and epilepsy so anyone any idea?

 

Thankyou and regards

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subbing. Hi stalin I have epliepsy too. The description of being hit by a truck fits the bill with me too and the time it can take to recover, my worst case scenario two weeks in bed after stopping breathing again. On another occasion found lying for a day next to blazing radiator after fit and burnt back as couldnt move.

 

Worry that they will see I have two legs two arms and say nothing we can see as they obvioulsy dont seem to record consultant reports on their stupid system.

 

They also have to understand how employers suddenly scrunch up when know you have epilepsy. They suddenly dont want to know when having regualr seizures as time recovering costs them money that able bodies person wouldnt. Frustrating.

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People see a healthy body and person but the problem lies deep inside the brain which of course is hidden from view.

 

Seizures can hit without warning, 'whack' and that's it your life comes to a halt for a week or so. An employer will not tolerate a person who cannot give consistency of attendance

 

I have no choice but to claim ESA. I have worked all my life and have had epilepsy all that time but have lost many jobs due to time off for seizures

 

If they take me off ESA i will go ballistic. It is a recognised neurological ailment. Unlike most other supposed ailments like depression, anxiety etc seizures mean you are UNCONSCIOUS! You cannot do anything because you are not 'alive'!

 

Even people with missing limbs etc know they will wake up in the morning. I dont have that luxury even with medication

 

Stress triggers my fits and lack of cash!

 

anyway chill and take care cos im off for a week

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the docs an cardio specialist have put me on GABOPENTIUM seems to be working only had a few attacks per month but my condition is vascular

oxygen starvation and to cure it would mean the skull coming of then a stint put into the blockage but it s a far to expensive an operation to perform plus risky because i could have a reaction brfore the operation begins ,so i just gotta take it easy and no stress,thats the killer stress yet it is hard to avoid huh...

patrickq1

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Just been told by the DWP that I have failed the ESA medical. Even though my epilepsy has worsened since Xmas they obviously have chosen to overlook that fact and simply rejected my arguments.

 

I am awaiting the actual letter and appeal form GL24.

 

How can I be fit for work when i'm having a grand mal seizure on the kitchen floor from which it takes around 5 days to fully recover only to have another one 4 weeks later and then another one and then another one!

 

mystifying but it seems they are now deliberately, as a matter of policy, and systematically failing people in contravention of overwhelming evidence

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  • 2 years later...

Hi loopinlouie I'm epileptic to i was diagnosed back in 2008 since I left school i have been for interviews for numerous jobs and they have all turned me down because of my seizures. I have applied for esa twice in the past year and have been told I'm not eligible as there are no signs that I'm unfit for work. What really has annoyed me is that my mate is on it for depression it really is ridiculous as he can get over that as us epileptics are stuck with our illness for life and its also a life threatening illness.

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What really has annoyed me is that my mate is on it for depression it really is ridiculous as he can get over that as us epileptics are stuck with our illness for life and its also a life threatening illness.

 

Wow, how ignorant. And some people don't have epilepsy for life.

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I sympathize with any ESA claimant who has such a serious condition and is denied benefit.

 

I think it is seriously wrong to suggest, however, that any claimant with a mental health issue is somehow less entitled. When it gets down to it, both epilepsy and depression (for example of a mental illness) are both caused by problems with the brain.

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Wow, how ignorant. And some people don't have epilepsy for life.

 

Nystagmite Whilst I agree with the sentiment of your comment and agree taht certainly the comment from andys12 seems to underestimate the organic and difficult nature of mental illness... epilepsy is a permanent condition, it is "for life".

 

Whilst the symptoms can be managed and some fortunate people control seizures completely with medication it is never cured, it can resurface at any time and medications may need adjustment over time. The medications also have some nasty side effects that can effect abilities also and in my husbands case he had to change medications completely as they reduced his white blood count and nearly killed him!

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I have never heard of anyone "outgrowing" epilepsy and in the literature it has always been pointed out that even if symptoms end the risk of them starting again is there..were they definitely epileptic seizures and not the other type?

 

I was always told that epilepsy is managed and not cured and although some can go without fits for years it is never safe to assume it has gone forever.

 

I am glad that your fits are no longer troubling you Nystagmite.

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Well, my mate Lee had epilepsy until he reached his teens. Then it seemed to vanish. Last week he caught a really bad chesty cold, a virus, and at 37 had a massive fit. He's devastated by it, not least because he smashed his front teeth out on the coffee table as he went down. I know very little about this disability, but he told me that as very young children both he and his sister had chicken pox and he was really ill with it, ended up in hospital whereas his sister was skipping around in a week or so. Anyway, his mum said that the fits started just after the chicken pox virus had gone.

 

And I agree, depression is a vile and dangerous mental illness, not easily shrugged off, and can cause a person to take their own life, harm others etc. There are several types of it, and none of them should be taken lightly.

 

I hope the op fights this all the way. I really feel for my friend, he spent all his school years being told not to bother studying this that and the other because his epilepsy would preclude him from many careers/ordinary employment, then he thinks he's free of it, trains to be a carpenter in his late 20's, gets lots of regular work, has a small business going, catches a cold, then bang, all of that is lost in a moment. I wonder how DWP are going to treat him.

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  • 1 year later...

Sorry to bump this old thread.

 

I'm also in the process of claiming ESA for epilepsy. Has anyone succeeded? Also, what descriptors apply to this condition?

 

I can only find:

 

9. Absence or loss of control whilst conscious leading to extensive evacuation of the

bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of

any aids or adaptations which are normally, or could reasonably be, worn or used.

(a) At least once a month experiences

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder;

or

(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing. 15 points

(b) The majority of the time is at risk of loss of control leading to extensive evacuation of the

bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if

not able to reach a toilet quickly. 6 points

© None of the above apply. 0 points

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I seem to remember they have now decided that the criteria you quoted doesn't apply when having a seizure. So, if you have a bladder / bowel problem which happens when concious, you'd get points. But you won't get points if it only happens during a seizure.

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Just seen this also, that voiding bladder/bowels during a seizure no longer counts (the law changed Jan '13).

 

Just seen another descriptor that applies:

 

10. Consciousness during waking moments.

(a) At least once a week, has an involuntary episode of lost or altered consciousness

resulting in significantly disrupted awareness or concentration. 15 points

(b) At least once a month, has an involuntary episode of lost or altered consciousness

resulting in significantly disrupted awareness or concentration. 6 points

© None of the above apply. 0 points

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Hi

 

This link for the Epilepsy Society may be of help: http://www.epilepsysociety.org.uk/about-esa#.UytOQ6NFDZ5

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