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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • 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...  
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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.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lost my ESA appeal now what


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Hello All, I am new to this forum. I went to my tribuanl last week unfortunately the decision came back has failed. but I am in a conundrum on what to do now... I know i can make a claim for JSA however, i don't believe i am fit enough to work. I have congenital Scoliosis which is a large curvature of the spine. So if i cliam how can i look for work?

Secondly, i hope somebody can clarify this me. Can you can make a fresh claim for ESA if it has been six months from when the original decision was made? This at the medical with ATOS not the tribunal date. If i make a new ESA claim why would i be successful this time around when i failed last time? Or, is there any other benefits i can claim? I am claiming DLA which helps but of course i need some other income so any advice i would really appreciate it! Especially if you gone through a similiar experience.

 

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Hello and welcome to CAG. :)

 

I expect you'll have some replies later. I think the system may have changed recently, although I'm not completely clear myself, and it may be 6 months from the tribunal decision that you can reclaim.

 

I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

 

Hopefully the guys will tell you more when they're able to get here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

 

Yes, have heard of people where that's happened.

 

Are you a lone parent or a carer?

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Thanks Honeybee for the link. Can anyone tell me the rules please regarding making a new claim for ESA? I have look on Google and i am still uncertain if it is six months from the original decision or six months from the tribunal date.

No, Nystagmite i am not a lone parent or carer. If it is six months tribunal i dont know what i am going to do because i am incapable of working so why claim JSA. I am little bit in the dark. Is there anyone i can talk too? Please offer me some advice thank you

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YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

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Do be aware, although it is quite rare, sometimes the DWP call staff aren't aware of the exact time period. Any problems and I'll post up the link to the relevant document ...

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YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

 

Quite correct :-(

 

I find it quite strange that a post here claimed that the 6 month rule had changed and that it was from "informed sources". Since there was nothing nowhere on the DWP's website nor any other reliable advice website... which quite frankly something of that magnitude would have caused quite a storm. Nor did the original poster ever post back when asked to clarify their sources. Even more amazingly over on MSE a post appeared stating the exact same thing but this time referenced to posting on here.

 

The only conclusion is that they were a WUM and a TROLL looking for a bit of twisted fun making disabled people panic:roll:

 

We are not amused :razz:

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