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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 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. Is it possible that a PPC (claimant) could 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.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Child's DLA & DLA Migration to PIP


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Don't know anything about child DLA sorry , but with regards to your Mothers PIP application you will need to contact them and as you are an appointee there should be no requirement for a face to face interview it should be considered as a paper based review.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf

2.15.17. Where a claimant has an appointee, this will be flagged in the initial

referral to the AP. Where an appointee has been nominated to

represent the claimant, the claimant must not be instructed to attend

a face to face by the AP. This is because they have been deemed

incapable of engaging directly with DWP or its contracted APs.

Instead, and only if a face to face consultation is deemed necessary,

the AP must send the invite to the appointee – indeed the invite

should only go to the appointee – who in turn will provide the details

to the claimant. However, it should be noted that where the named

appointee is a corporate appointee, he can nominate another person

to represent him at any face to face consultation. That said, the HP

should make every effort to obtain evidence in order to conduct a

paper-based review in these circumstances.

taken from

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Thank you so much Flumps for your advice and the link. Can you please clarify for me what is an AP and a HP. There is no corporate appointee, only me. Again, thanks.

 

Sorry, just tried the link you provided Flumps and it does not work ;-(

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As an appointee you are the representative for your mother,

An AP is an assessment provider HP is the healthcare provider which for DWP is one and the same.

A corporate appointee is usually a private firm or local authority that act on behalf of a claimant in a larger scale and you are an appointee which is an individual appointment for a claimant.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

If that link doesn't work go to the gov.uk website and look for personal independence payment assessment guide for assessment providers. There is pdf download that you can access

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  • 3 weeks later...

Hello folks, so I have now made the phone call as my mum's DWP Appointee, gave them the info they requested on the phone and am now awaiting the arrival of the PIP2 Form. I was told that if I don't received it by 3rd week July to call them and chase it up. Now does the 4 week return period start from the date of the phone call or the date on the letter. If the letter is delayed, can I ask for an extension?

Last thing, is it a requirement that I complete a 'Diary' relating to my mum's daily illnesses. I have hardly enough time as it is without writing a diary, but if it is necessary I will have to do so. I do have loads of medical evidence and understand that mum will not be called herself for a Face to Face, hopefully it will be paper based.

 

Thanks everyone, any advice much appreciated.

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It's 4 weeks from the date of the phone call. You can ask for an extension.

 

A diary isn't required; but may help. However, when I did mine for my reconsideration, they ignored 99% of my evidence. (my diary backed up what my consultant said - but because I was seen on a good day, that was all that mattered, apparently)

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  • 3 weeks later...

Hi, so the PIP pack has at last arrived. Can anyone please advise as follows:-

 

Do you have to score 12 points on every section of the daily living in order to be awarded the Enhanced Rate.

Same question relating to Mobility do you have to score 12 points on each of the two sections to be awarded High Rate Mobility? or is it 12 points combined.

 

If anyone could explain please.

 

Thanks

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It is 12 points altogether for care and 12 altogether for mobility.

 

 

When completing the care section, remember that pretty much anything can be an aid if your mother uses it to compensate for a disability, even if it's something a lot of people have anyway. For example, taps with levers are an aid if you couldn't turn an ordinary tap, even though lots of people have them.

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RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hi, so the PIP pack has at last arrived. Can anyone please advise as follows:-

 

Do you have to score 12 points on every section of the daily living in order to be awarded the Enhanced Rate.

Same question relating to Mobility do you have to score 12 points on each of the two sections to be awarded High Rate Mobility? or is it 12 points combined.

 

If anyone could explain please.

 

Thanks

 

You have to score a total of 8 points to get standard care (or mobility) and 12 to get enhanced. So, if you score 4 points on question 2 and 4 on question 3, that would get you standard care.

 

It's the same with mobility. I get enhanced rate because I scored 12 on the part about planning a journey. But, you can also get enhanced if you scored 8 on one section and 4 on the other mobility section, for example. As long as you get a total of at least 8 on both mobility sections, you get lower mobility and enhanced if you get 12 points.

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Hello again, so I am now onto Q14 Mobility of the PIP application. On Q14c it says 'do you use a wheelchair or similar device to move around safely etc'

My question is:- I'm sure I remember it being said that if you use a wheelchair, it stops you being awarded High Rate Mobility - is this correct?

 

Also just another quick question, Q13, three of the descriptors have changed, and it precludes people with psychological distress, so it looks like anyone with a mental health illness can never be awarded the 12 points. My mother has both physical and psychological disabilities. I have included both in the Q13d as the PIP booklet states 'it doesn't look at your physical ability to get around which is covered in the next section'. My mother's mobility disabilites are combined with both physical and psychological problems and I had to explain how they both interacted with her mobility. Tried asking the PIP helpline, and they did not know the answer.

 

Help please.

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Hello again, so I am now onto Q14 Mobility of the PIP application. On Q14c it says 'do you use a wheelchair or similar device to move around safely etc'

My question is:- I'm sure I remember it being said that if you use a wheelchair, it stops you being awarded High Rate Mobility - is this correct?No, if someone uses a wheelchair because they cannot walk (repeatedly and reliably) 50m, then they get the enhanced rate. You may be thinking of the rules for ESA where having to use a wheelchair means diddly squat.

 

Also just another quick question, Q13, three of the descriptors have changed, and it precludes people with psychological distress, so it looks like anyone with a mental health illness can never be awarded the 12 points. My mother has both physical and psychological disabilities. I have included both in the Q13d as the PIP booklet states 'it doesn't look at your physical ability to get around which is covered in the next section'. My mother's mobility disabilites are combined with both physical and psychological problems and I had to explain how they both interacted with her mobility. Tried asking the PIP helpline, and they did not know the answer.

 

Help please.

 

DWP recently lost at the Upper tribunal as to whether all descriptors for q13 apply to mental health in general or only things like dementia or a learning disability. The tribunal thought that the reason someone can't do something is irrelevant so any descriptor could apply, but DWP didn't like that so they got the rules changed by parliament. The overall effect now is, for example, that someone with agoraphobia but who can sometimes leave the house, now gets nothing unless they have a physical restriction as well.

 

That said, I wouldn't worry too much about including something if it may not apply, better than not including something which you should have. I'm all in favour of if it's worth telling them, it's worth telling them as often as possible even if it's in the wrong bit of the form. Bottom line is that the assessor has to consider all the sections even if you filled in none of them, though whether they would is a different matter.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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A very big thank you to everyone who has given me much valuable advice. I have just finished the application and will photocopy it on Monday and get it off with proof of postage. My children have broke up for the summer holidays today and I'm so glad this is now done with. I've managed to get loads of supporting medical evidence and hope that they make a paper based decision as I am the DWP Appointee so it would be me having to attend a Face to Face, so I've asked for a paper based decision due to all the supporting documents and if they don't agree, then I want a recorded interview with plenty of notice so I can organise someone to look after mum and the kids.

 

I heard that sometimes they Capita call the day after receiving the application to arrange a Face to Face, I don't know how they can do this when they have not had the opportunity to read the application. Anyone heard of this before? and what shall I tell them if they call me?

 

Big thanks everyone

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Be prepared for no one to have read anything you submitted before sending an appointment. I can't speak for Capita as it's ATOS in this area, but they have admitted that everyone is sent the first available appointment in their general area and they rely on claimants calling them to complain if it's at all unsuitable, in my case that was over 40 miles away at 9 am on a Monday morning in a building with no wheelchair access and no parking nearby. I even included a letter from their own doctor who did my ESA assessment saying I had to be assessed at home.

 

As your case should be flagged as having an appointee and as I get the feeling Capita are more reasonable, you should be ok, but if you're sent an appointment just ring and explain and someone should have another look at it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you for responding RMW. I have called the PIP so called helpline a few times to try to clarify certain questions, especially Q13, but they said the 'don't know'. I also asked if I could type up the responses and stick them in the information boxes - this was a big no no, everything has to be handwritten they told me as it goes through a scanning device. I would have thought that it would have been easier for them to read the typed info instead of my handwriting. I also cannot understand why PIP2 is not yet available on a PDF format which would make carer's lives so much easier if they choose to type these very lengthy applications. I did type the section where it states that as I am the DWP Appointee, every effort should be made to come to a paper based decision, and I stuck it down at the back of the application where it mentions about Face to Face interviews.

 

Anyway, once again, many thanks for all the input, I will update the forum as and when I hear anything.

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Thank you for responding RMW. I have called the PIP so called helpline a few times to try to clarify certain questions, especially Q13, but they said the 'don't know'. I also asked if I could type up the responses and stick them in the information boxes - this was a big no no, everything has to be handwritten they told me as it goes through a scanning device.This is an outright lie - many disabled couldn't write, me included, and they know it. I would have thought that it would have been easier for them to read the typed info instead of my handwriting. I also cannot understand why PIP2 is not yet available on a PDF format Again, DWP promised 2 years ago that electronic forms would be available soonwhich would make carer's lives so much easier if they choose to type these very lengthy applications. I did type the section where it states that as I am the DWP Appointee, every effort should be made to come to a paper based decision, and I stuck it down at the back of the application where it mentions about Face to Face interviews.

 

Anyway, once again, many thanks for all the input, I will update the forum as and when I hear anything.

 

Best of luck

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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  • 2 weeks later...

Hi, another quick question please. I am my mum's DWP Appointee, I sent the PIP form off last week, but have since received an extremely detailed supporting medical letter documenting some of her illnesses. I have sent it to the address which was on the back of the PIP form with a letter asking them to put it with the PIP application which they received last week. In reality, do the DWP do this?

Thanks for any advice.

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  • 1 month later...

Hi

 

My child has been awarded DLA until February 2018. The renewal pack has arrived today with no date for return. I am in the throws of moving and then my child is having an operation and have not got the time to complete it for at least the next 6-8 weeks. I will be able to submit it by end November giving DWP 2 months to make a decision.

 

My question is, do I call them and inform them that I will send it back by end November, or shall I just send it back end November.

 

Any advice please.

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  • 2 months later...

Hi, my child's DLA renewal pack arrived a few weeks ago, I am now about to complete it.

 

Does anyone have a link of the Child DLA Descriptors please?

 

The DLA ends in February, I will send the renewal back this week, is this enough time for DWP to process the renewal?

 

Thanks for any advice/help

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As I understand it, there are no descriptors as such, like there is with PIP. You have to prove that your child has more care and /or mobility needs than a child the same age or the same needs as a younger child.

 

The mobility criteria for children is the same as the DLA mobility for adults.

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