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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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    • 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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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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