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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 Decision. How long to wait ?


Charlie996
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Hi I had to attend the ATOS medical centre for a review. I am currently on ESA in the "support group" due to clinical depression and severe anxiety.

 

I had the review over 4 weeks ago now and am anxious to know of the outcome.

 

The review was a fairly quick affair after I handed over a letter from the the Consultant psychiatrist who is treating me..

 

In the letter he gave information that I was under his care and would not be fit for work for some months...

 

No mental health questions were asked of me during the ATOS medical..

 

I am sick with worry now that nearly 5 weeks have passed and I have not been made aware of the outcome of the medical review.

 

Can anyone please help ?

 

Thanks .

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Thanks for the replies.

It got to the part in the procedure where the examiner asked about medication. So I produced all the prescriptions and the card with all the appointments on it to show that I am attending all the appointments. Along with this was the letter from the consultant which the examiner read..

 

Things then moved quickly to physical examination though I do not know why as I am off with clinical depression...

 

I think the DWP fail to recognise just how traumatic these ATOS appointments can be to some one in my position.. The worry of the procedure and the possible outcomes is just awful though I do realise why they have to be done.

 

Many thanks !

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  • 2 weeks later...
Thanks for the replies.

 

It got to the part in the procedure where the examiner asked about medication. So I produced all the prescriptions and the card with all the appointments on it to show that I am attending all the appointments. Along with this was the letter from the consultant which the examiner read..

 

 

 

Things then moved quickly to physical examination though I do not know why as I am off with clinical depression...

 

 

 

I think the DWP fail to recognise just how traumatic these ATOS appointments can be to some one in my position.. The worry of the procedure and the possible outcomes is just awful though I do realise why they have to be done.

 

 

 

Many thanks !

 

 

 

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Hi again I now feel truly desperate as I have been informed that I failed to get enough points..

As above At the ATOS medical I handed in a letter given to me by my Consultant which stated clearly that I would be unfit for work for some months..

I am suffering from diagnosed clinical depression and anxiety and this whole process is not helping one bit.

I am worried sick with what to do now..

I am awaiting a call back from DWP to explain what to do but I realise I will have top appeal .

I intend to ask the help of My Consultant with this as I just can't cope with it. How long do I have to complete any forms required by the DWP and which ones do I need to get or download ???

I really am sorry to have to ask for help but am at My witts end here at what to do and how to do it.

Thanks....

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Hi again I now feel truly desperate as I have been informed that I failed to get enough points..

As above At the ATOS medical I handed in a letter given to me by my Consultant which stated clearly that I would be unfit for work for some months..

I am suffering from diagnosed clinical depression and anxiety and this whole process is not helping one bit.

I am worried sick with what to do now..

I am awaiting a call back from DWP to explain what to do but I realise I will have top appeal .

I intend to ask the help of My Consultant with this as I just can't cope with it. How long do I have to complete any forms required by the DWP and which ones do I need to get or download ???

I really am sorry to have to ask for help but am at My witts end here at what to do and how to do it.

Thanks....

 

I'm sorry to hear of your problems.

I'm not that experienced with benefits, but what I can tell you is what happens to my dad on a regular basis.

 

He is re-assessed every six months. Each re-assessment always ends up with a failure - nil points. I appeal on his behalf and eventually I am told that the appeal will be heard by the Tribunal. During this time he continues to get the 'assessment rate'.

Then about 4 months before the hearing takes place he is re-assessed again and this goes on and on and on. At any one time there are always two appeals waiting to be heard as it is taking about a year for the Tribunal hearing to take place.

 

Then following the hearing he is put into the Support Group which only last for 6 months because of the next appeal in the line

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I'm sorry to hear of your problems.

 

I'm not that experienced with benefits, but what I can tell you is what happens to my dad on a regular basis.

 

 

 

He is re-assessed every six months. Each re-assessment always ends up with a failure - nil points. I appeal on his behalf and eventually I am told that the appeal will be heard by the Tribunal. During this time he continues to get the 'assessment rate'.

 

Then about 4 months before the hearing takes place he is re-assessed again and this goes on and on and on. At any one time there are always two appeals waiting to be heard as it is taking about a year for the Tribunal hearing to take place.

 

 

 

Then following the hearing he is put into the Support Group which only last for 6 months because of the next appeal in the line

 

 

 

If I have to appeal which looks likely how long do I have ?? I'm not due to see the consultant for five more weeks so should I ask for an appointment sooner ??

Also what forms or paperwork ate needed ??

I cannot tell You how stressful this is getting. !! I paid into the system for nearly 38 years before this lot kicked off in the belief that there was a safety net when things go wrong..

Now I just feel lost....

I am or should I say was in the so called Support group until this last medical..

Thanks

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You will need to complete a GL24, this is an appeal form. In it you need to state the reasons why you're appealing and why you feel you are unable to work. It may be an idea to utilise the help of a professional body...like CAB etc. They generally know what's relevant and how to best match your health condition to the descriptors needed to qualify for ESA.

 

Do you have a copy of the letter from your consultant? If so, make sure you include that in your appeal. Ideally any supporting evidence should be sent in with the ESA50. If you take it to the WCA appointment then there's a good chance the HCP won't pass it on to DWP or it may be misplaced etc....make sure you ask about this when they call you back. Also ask for a copy of the Medical Report they made about you.

 

You will also need to start providing medical certificates throughout your appeal to get paid.

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Yes I do have a copy of the letter from the Consultant... Providing medical certificates will not be a problem..

 

Sorry but I do not understand what the ESA50 IS or what the WCA appointment means or even what HCP is...

 

I really am not up to speed on what all those abbreviations mean..

 

I really am at a loss here.. DWP did not inform Me by letter of any decision they simply amended the usual payment.

 

This of course made me call them.. They then informed me that I had failed to score enough points at the ATOS medical..

 

When I attended the medical I was asked none of the questions related to either Mental health or depression.. Amazingly I was put through a physical examination and asked if I could touch my head with my hands and so on !

 

I really do appreciate any help and advice I can get.. Thank You..

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Sorry, didn't mean to baffle you with abbreviations....

 

ESA50 is the questionnaire that was sent to you at the beginning of your assessment - basically your chance to provide info about your illness etc

WCA stands for Work Capability Assessment

HCP is Health Care Professional - the person you saw.

 

One thing to remember is that appointment you attend isn't to go through the full details of your illness again - it's just to ask you further questions about certain parts of you illness. So they may have had enough about your non physical illness. That's the theory anyway....

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:Charlie996:

 

You can't appeal a decision until it's officially notified to you in writing. In due course an ESA65 disallowance notice will drop through your letter box. You then have one month from the date on the letter to complete a GL24 appeal form. (Available on request from Jobcentreplus or can be downloaded from the internet.) Include a copy of your consultant's letter.

 

The full ESA85 Atosser's report of the 'assessment' is available on request from Jobcentreplus, but don't let waiting for a copy delay returning the GL24. There's no rhyme or reason to Atosh 'assessments' so no point in trying to work out what happened.

 

On receipt of your appeal a decision maker will consider whether the decision can be changed

(unlikely) and if not, forward your appeal to the Tribunals Service. On production of Med3 (unfit notes) Jobcentreplus will pay assessment rate employment and support allowance until the hearing.

 

That's all the info you need for the moment. Come back to us, if you need to, with questions about the tribunal process.

 

Best wishes, have a cheery :panda:, Margaret.

 

Edit:

 

Should :fightingback99: have sussed your situation correctly, the notification you receive will be an award letter for the work related activity component of employment and support allowance. Appeal process is the same, cept that you'll not need unfit notes for your payments to continue.

Edited by **Margaret**
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. DWP did not inform Me by letter of any decision they simply amended the usual payment.

 

This of course made me call them.. They then informed me that I had failed to score enough points at the ATOS medical..

 

.

 

Can I just clarify, are you saying your payment was reduced from Support Group payment of £105 approx to WRAG group £99 approx which means you've still been awarded ESA , just moved group, or totally stopped meaning you haven't passed the assessment.?

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Can I just clarify, are you saying your payment was reduced from Support Group payment of £105 approx to WRAG group £99 approx which means you've still been awarded ESA , just moved group, or totally stopped meaning you haven't passed the assessment.?

 

What happened was a payment of £45 was made instead of the usual £210 made every two weeks. So I phoned the benefits delivery office to ask what was going on.

 

I was told by the rather rather confused person that I had been disallowed because I had not scored enough points. I was also told I would get a phone call from the department to explain what had happened and why. That call never came.

 

So far I have had nothing in writing from any DWP department to tell me what is going on. But I was made aware by the fact that the benefit was stopped or at least payment was incomplete.

 

Thanks.

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i would think the payment is in part up to where you failed assessment.....you need to get a GL24 form and put in appeal, this will put you back on ESA assessment rate, until they either change their minds (unlikely) or it goes to appeal....

i think ATOS are now using the 'mirror test' if you can fog a mirror with your breath, you are fit for work!!

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i would think the payment is in part up to where you failed assessment.....you need to get a GL24 form and put in appeal, this will put you back on ESA assessment rate, until they either change their minds (unlikely) or it goes to appeal....

i think ATOS are now using the 'mirror test' if you can fog a mirror with your breath, you are fit for work!!

 

Can I ask what is assessment rate ?

 

As yet I have had no notification in writing so it seems I can do nothing until that arrives.

 

As much as going to appeal fills me with horror I have little choice but to do so.

 

The savings I have are now dwindling as the ESA benefit is the only one I have applied for. At one point I had more than the 16K now most of that has gone just keeping up with bills and stuff but at least I'm not in debt.... Yet.....But that will come sooner rather than later if the benefit ceases or decreases ...

 

Why is ATOS failing so many genuine people ? Is it a silly question to ask what a full appeal procedure costs ? Along with the need to keep people like the Doctors busy with having to write sick lines ??

 

Up until My accident i mid 2007 which kicked of this whole sorry affair I ran a small business and paid a huge amount in both tax and NI contributions. I worked from the age of 15 solidly with not a day of claiming any money at all. I'm 55 now. I feel so cheated that the safety net that I was paying into has so many and such large holes in it ! Sorry rant over ..........

 

Thank You all again !

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assessment rate of esa is the same amount as jobseekers, about £67 p.w. i would ring dwp and confirm you have failed, ask the operator that you intend to appeal, and also ask for form GL24, i did this and on receipt of my sick note they reinstated money immediately so didnt have a gap in payment luckily....why are ATOS failing so many genuine people, it is this ideological driven govt that is doing this...ATOS are just obeying instructions, 'if you can breath and show any signs of life' you are fit for work...appeals are now running into £m's but as from next year if you appeal you wont be entitled to money till appeal is heard!! great init?

a lot of us feel the same way, after paying in for 35 years now in need, i feel your pain as well but we are insignificant as far as the wider public are concerned...TILL IT HAPPENS TO YOU! then they realise what is wrong the whole bloody sorry mess...dont know bout your area but appeals in mine are taking up to a year to get there, however, they do leave you alone for this time...have a look at the site and read around all the esa failed threads to get an idea....good luck!!

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as an aside they are dead crafty, at my assessment the 'nurse' had written i could go back to work in 3 months...god knows where she got this figure from?' they didnt send me the results until 2 months and 3 weeks had gone by, then stating your money will stop next week....giving me a week to sort it out...i was lucky a lot of people find out when their money suddenly stops !!! it is about time that the people of this country woke up and realised what is going on....no one knows when illness or disability may strike them down, but its the usual 'I'm alright jack' attitude in this country

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:charlie 996:

 

Theory is that decision makers explain their decisions via a phone call. Doesn't always happen.

 

Seems that the ESA65 disallowance notice has got lost between the decision makers's desk and your letterbox. Suggest you phone your benefit delivery centre (number will be on your last award letter) to chase a copy. Once you've read it you'll be able to send off a GL24 appeal form.

Best wishes, Margaret.

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Absolutely stunned....................

 

Today I received the letter from DVLA informing me that I have been disallowed.

 

When I went to the ATOS centre I was in a right state. In the interview its self I was I'm ashamed to say in tears...

 

I was asked none of the Mental health questions only ones about physical health of which I have no real problems...

 

The letter says I was fine at the interview and conducted my self in a reasonable manner !!!

 

It says I have no issues with dealing with people and am confident !!

 

No mention was made of the letter I presented that was written by the Consultant at all.

 

 

SCORE ?????

You guessed 0 points.. Not even one point.... How can this be ?

 

When under pressure I get twitchy. Very embaressing and I hate it ! Mostly I dont even know Im doing it but when things are really bad I know its happening.

 

I was pretty bad on the day of the interview ! Another thing I do when under severe pressure is just simply walk out or away from the situation I find my self in. Its the only way I can cope.

 

I explained this to the Person conducting the interview. Just in case I did just that. Walked out.

 

Of course I didn't do it but struggled through but did break down in tears as I felt so trapped and ashamed.

 

I need help now on what to put on paper if that is possible.

 

Im very sorry to ask for this but I cannot go to somehere like CAB as I cannot in my present state cope with doing that..

 

Thank You all very much.

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Hi Charlie

 

I guess you mean DWP, not DVLA. All this stress gets anyone muddled up.

 

My understanding is that you were previously in the Support Group for ESA. You have a current Consultants Letter. Really in my opinion you should not have to ask your consultant for further medical evidence, after all, they are supposed to be helping the sick, not administrators for the DWP.

 

I think you should consider asking your local MP to get involved, giving him/her a copy of the letter from your Consultant. The DWP hate it when an MP gets involved and you might find that this speeds your appeal process up. The appeal is made to reconsider your claim on form GL24, please ensure you complete and send it asap together with a copy of all medical evidence (even though you may have already sent it with your ESA50). For support for yourself, do you have a Welfare Rights/CAB organisation who could come and visit you at home to help you.

 

You must get that GL24 in without delay though, so if Welfare Rights/CAB cannot see you for sometime, just send the form in with copy evidence.

 

GL24 to appeal decision and help from your MP should be enough to get you through this very stressful time.

 

Good luck, Joe

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