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    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA medical UPDATE post #30


phil76
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Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

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Thankyou, yeah it is i dont have to worry about if doctor will give me a sick note or not,what would happen next? would i have another assessment at a later date and how often do they want to see you?

 

I just hope i can start feeling well again soon

 

Thanks

 

Phil

 

Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

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Whilst you now don't have to produce anymore sick notes, there will come a time when you will be re-assessed. In my case re-assessment is every 3 months. I too am in the Support Group and quite rightly expect to be reviewed at regular intervals, just in case I fail to notify the DWP that I get better.

 

The only drawback is having to fill out those ESA50 forms with up dated information every time, and have the assessment.

 

With the odds stacked against a 'win' at the assessment (sometimes you can fail completely even though three months earlier you went straight into the Support Group), I prefer to keep my 6 monthly sick notes up to date. I get 2 a year and send them in to the DWP even though they say they don't want them. With four re-assessments a year I am likely to fail two of them! Law of averages!!!

 

I do it this way because I don't fancy trying to convince my GP every few months to start issuing them after a failure whilst waiting to go to the Tribunal appeal.

 

Ok thanks for the info:-)

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Hi everyone,

don't be put off , I had an esa medical by ATOS in february last year, I was and still suffering with severe back problems and due to have surgery this month. I suffer with spinal canal stenosis and scoliosis of the spine together with misplaced discs which gives severe back and leg pain with instances of pins and needles and numbness in legs, back, and groin.

The medical was a farce, the doctor would not look at any off my medical notes from my doctor or neuro-surgeon, he just asked a few questions .

he then asked me to lie on a couch and lift my bad leg which i couldn't without his help and also to squat down and then rise and i had to ask for his help because i was in agony.

He ignored my request to put spinal stenosis on his report.

He put backache and said it was easier to understand.

Needless to say in may I received a letter from the esa saying my benefit would stop and was fit for work

I appealed and asked for a copy of my medical report which scored me zero, and was full of conflicting evidence, missing out my symptoms, the tablets I was taking etc, he even said that he had done a thorough medical of my back.

I didn't even take my sweater off because i wasnt examined.

I sent the appeal back together with my notes on the medical report and lo and behold I was denied again and told if I wanted to take it further it would be a tribunal.

So I did and game them the same medical evidence I had and was told the tribunal would be in november but eventually a date was given for february 9th this year.

I passed this time with a score off 18, at the medical it was 0 and was told all extra money due to me from last year would be re-imbursed which is around £1000.

So if you have any medical evidence whatsoever, from doctor, surgeon, physio etc send it in to the tribunal, ask your doctor as well to write a personal letter on your behalf and forward that to the tribunal as well.

All I want now is my spinal operation and to recuperate and i now know the esa won't be on my " back" every few months.

I will get regular reviews after the operation but the judge at the tribunal said it would be through my surgeon and doctor

 

good luck everybody

 

John

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  • 6 months later...

Hello everyone dont know if you remember me but i suffer with anxiety and depression had this for a while now and had my first medicak back in january i think it was,had another medical last week and this time have failed :( this has really made me feel really low again,im going to appeal because i still suffer the same problems,do you think i have much chance of winning appeal and will i still get any money while appealing? thanks

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Assuming its ESA you're claiming, your payments should resume soon after your appeal form is received.

 

It is difficult to know whether you have a chance of winning, it depends on so many things, like how well you can show the ATOS assessment did not adequestely assess you, what medical evidence you can collect and how well it relates to the descriptors you meet - indeed whether you actually meet enough descriptors to score 15 points or meet the exceptional circumstances criteria. Also how consistent you have been through ESA50, ATOS assessment and Tribunal, and whether you do well at presenting your case on the day, and how receptive the Tribunal are on the day.

 

Without more info, its impossible to say - all we can say is we're here to help.

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Do they not realise by stopping people's money they make us feel alot worse than we already do? I already have high anxiety/depression without worrying about my money being stopped and now I feel alot worse because of the letter I received today :( :(

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