Jump to content


  • Tweets

  • Posts

    • 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?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

DLA overpayment


pauld56
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5844 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

Wonder if anyone can help, I was informed in October 2007 that I was to be interviewed under caution by the DWP for not informing them to a change in circumstances. I had been recieving DLA Mobility High rate since 1995, and used the DLA to get a car on the Motability scheme. I was interviewed by DWP Fraud investigators and shown a witness statement taken from my Line Manager who was asked basic questions about me ie my work pattern and duties. I am a line manager and my job is clerical, I walk very short distances around the office. I was also shown a video taken of me at my place of work, this video shows me leaving the building to go for a "fag break" again a short distance. Also on the video it showed me on a shopping trip with my sons into the city, they claimed I walked about 2 miles or about 2 hours without a break. However the video was edited in fact the total lenth of the video is 55 mins.

Link to post
Share on other sites

Hi all

Wonder if anyone can help, I was informed in October 2007 that I was to be interviewed under caution by the DWP for not informing them to a change in circumstances. I had been recieving DLA Mobility High rate since 1995, and used the DLA to get a car on the Motability scheme. I was interviewed by DWP Fraud investigators and shown a witness statement taken from my Line Manager who was asked basic questions about me ie my work pattern and duties. I am a line manager and my job is clerical, I walk very short distances around the office. I was also shown a video taken of me at my place of work, this video shows me leaving the building to go for a "fag break" again a short distance. Also on the video it showed me on a shopping trip with my sons into the city, they claimed I walked about 2 miles or about 2 hours without a break. However the video was edited in fact the total lenth of the video is 55 mins. After the interview i was informed in the December 2007 that my DLA was stopped and the overpayment was to go back to October 2006 on the evidence of another witness who claims to have seen me shopping in a local supermarket about a year ago !! I am still waiting to hear from the DWP of any other action ie Criminal action, caution, the interview was some 5 months ago now. Any advice/comments would be most welcomed. Sorry its a bit long winded.........Pauld56

Link to post
Share on other sites

I don't know, what have they told you about rights to appeal and stuff?

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

I don't know, what have they told you about rights to appeal and stuff?

Just the normal thing I have the right to appeal, and to supply any new evidence to support the appeal, but I'm stuck as still do not know what follow up the DWP are to do apart from the overpayment. Has any one else bee in this situation ? thanks for the reply

Link to post
Share on other sites

Right Paul time for action. YOu want to send a SAR specifically asking for the tape they showed you plus anything else they have on your file (advice on preparing a SAR is in the letters area but if you need help just shout).

 

When you get your info back you need to sit and highlight anything that is wrong or misguiding.

 

With the tape sit and watch it and write down stuff like "start - 5 mins 01/01/07 0900, at work. Walked X meters to take a cigarette break. 5 mins - 10 mins 01/02/07 noon, at Tesco. Walked X meters to collect essential items of shopping. Rested for Y time." Sounds daft but it's to show that the tape has been highly edited.

 

Get onto your doctor or consultant or both and request a report on your medical condition.

 

If you have a carer (this can be your wife, kids, a neighbour or someone you employ to be carer) get them to write a statement saying in which ways you need cared for and how often.

 

Add in anything else you think is relevant, can you use public transport? Can you cook a meal for yourself? What happens if you walk too far without rest?

 

Photocopy it all, send a copy away with a letter saying you want to appeal and hope for the best. If it goes to tribunal don't panic, lots of claims are dealt with at tribunal and they tend to favour the disabled person.

 

If you need any more help just give a shout or try PM bookworm who is well clued up on this stuff.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

I always understood to get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have the following walking difficulties, even when wearing or using an aid or equipment you normally use:

  • you are unable or virtually unable to walk, or you have no feet or legs, or
  • you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors, or
  • you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component, or
  • the effort of walking could threaten your life or seriously affect your health, or
  • you need guidance and/or supervision from another person when walking out of doors in unfamiliar places

The DWP probably believe that because you can walk short distances around the office and you do not need guidance or supervision, that you have exagerated your claim and were never entitled to the high rate or any rate at all. Did you not realise from the DLA claim pack/guidance notes and letters that you may have been receiving the incorrect level of benefit?

Link to post
Share on other sites

what we've got to remember is that sometimes people walk because they have no choice but they do so with considerable discomfort or pain. They can also walk in a specific manner; slowly, taking breaks, leaning on something, getting breathless etc. So the fact that you walked is not the indicator that you do not qualify for higher mob component; it's the effect of walking on your health, the manner of walking, the discomfort and pain it has caused, the distance, the time, the speed.

Do you have assistance from any advice agency/solicitor?

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi Joa

Thank you for the reply I have seen the CAB and there dealing with the overpayment, but as for legal advice No I did seek advice and take a solictor with me to the interview under caution in October 2007 but he just sat there and said nothing and his advice to me afterwards was "Wait and see what happens" and as to date I still don't know what if any action by DWP Fraud are to take is this normal to wait so long before they decide if to take action ? Thanks again

Link to post
Share on other sites

Not at all I had a Benefits doctor come to my home and he agreed that I should get DLA High rate mobility also my own GP and hospital consultant agreed I was awarded the DLA in 1995 I have been in my job since 2001 as I under the impression you are allowed to work while getting DLA, just as a after note since my DLA was stopped my condition as deterated and is starting to effect my Attendance at work, I am also back on Morphine Sulphate for pain a strong pain killer I was able to come off some time ago but now I am back on a high dose and in constant pain ... So if any thing the DWP are proberly going to be responsible for me having to stop work, paying taxes national insurance. I will then of course have to claim Incapacity Benefit or the new ESA allowence and of course become a burden on the tax paying people of the UK ... So who is the winner ?

Link to post
Share on other sites

hi

I am a bit confused have some people replied via personal message,

 

No just on here I really do need some serious advice if you can help i would be most greatful

 

Paul

Link to post
Share on other sites

subbing to this

 

hope you get it sorted

 

ive applyed for dla as i have 2 torn discs in me back

l4/l5 they thought it wa syatica at first and i cant walk properly or for long

applyed 6 weeks ago and still nothing

im on morphine as well 3 60mg a day and oramorph for wen i need a pain relife boost also gabapentin 3 300mg

to sort the pain and numbness in me leg

 

any way hope you get sorted soon m8

Link to post
Share on other sites

the applications take ages to go through DCG so don't be surprised if something comes through your door in the next 3 or 4 weeks. If you want you can call up and ask for the status of your application.

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.

 

I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)

 

 

Link to post
Share on other sites

subbing to this

 

hope you get it sorted

 

ive applyed for dla as i have 2 torn discs in me back

l4/l5 they thought it wa syatica at first and i cant walk properly or for long

applyed 6 weeks ago and still nothing

im on morphine as well 3 60mg a day and oramorph for wen i need a pain relife boost also gabapentin 3 300mg

to sort the pain and numbness in me leg

 

any way hope you get sorted soon m8

Hi DCG

Just an update I got a summons to attened the Magistrates Court on the 11/April/207 to face a charge under section 112 (1A) of the Social Security Administration Act 1992 mainly that between 11 October 2006 and 09 October 2007 at my home address that I the defendant with a view to obtaining for himself Disability Living Allowence failed to notify a change in circumstances whicj was required to notify,namely that his capabilities and mobility had increased contrary to the section. The date they are going back too is based not on medical evidence as I have a letter from my GP stating that in the last 10 years there has been no improvement or is there likely to be no improvement in the future. But on the evidence of someone who hardly knows me only by sight, that they "Saw me about a year ago shopping and I looked as if I wasn't in pain" the shopping by the way was a newspaper (The Sun) so from start to finish this has taken 5 months from Interview under caution to a summons....Any advice ? Have you had any progress on your claim to DLA ? also as a foot note my medacation has been increased for the pain I'm in since losing my car and having to travel to work on public transport this journey now takes over 1 hour so I have to take stronger Morphine Sulthate and of course the effects that has on me .... Best regards to all Paul

Link to post
Share on other sites

2 threads merged, please keep to 1 thread per story, it's easier to follow that way.

 

 

Well, I think that you need to get as much of help from your GP as you can: Get him to list the medications you're on, with the dates they have been prescribed, the increases in dosages etc, everything that shows that to cope with the same condition, you have to resort to higher pain control methods. Get him to write a letter in layman's terms clearly stating that the whole claim is absurd as you have a condition which can not physically get better unless someone believes in miracles.

 

You'll want to challenge the witness statement, obviously: How does the witness know you weren't in pain? Is he/she a pain specialist? Does he know how much medication you were on at the time? How long did he see you for? How was he able to ascertain how much discomfort you were experiencing from seeing you there? Does he know what your pain thresholds are and how you express them?

 

At the risk of sounding awful, on the day of the tribunal, do not take any medication unless absolutely necessary and even then as little as you can to function. You want the judge to see exactly what it means for you having what you have and dealing with it the way you do. If it means at some point things will have to stop because you can't cope, well, maybe that will make the point across more clearly than anything else would.

 

You need letters or witnesses to testify how much help you get on a day-to-day basis, to document how bad things are. If you have someone who comes in to help caring, whether be a cleaner or a carer, social services or whatever, get them to write detailing it too.

 

One thing to note is that the charge is failing to notify of a change in circumstances, so you need to concentrate on showing that they haven't, and if they have, they have got worse, not better.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...