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    • Thanks very much Bank. I've now done a lot of reading and have drafted my Letter of Claim as attached. I look forward to your comments. 16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf16Apr24 draft Letter of Claim against Parcel2Go.pdf
    • ive already CAREFULLY explained how it all works earlier. what you will have to pay is already preset and detailed on the court forms/TfL stuff you already have. you wont be asked any questions upon your financial means etc. thats not under debate . you wont be asked upon any mitigating circumstances, you have pleaded guity which you always SHOULD.  the ONLY 2 reasons you are attending is to: 1) after finding the TfL prosecutor... plead directly face to face before you go in to try and get an OOC (you can bring up or say anything/everything you like ...anything that might get them to agree) 2) if 1 fails...show your genuine remorse face to face to the magistrate, BRIEFLY mention how a criminal record would hinder your future then hope they take pity on you and dont also record this on your file.  PS its only declarable/shows there for one year anyway. regardless to what an employer might ask in job questionnaires past 1yrs you forget about it. they cannot see it even on enhanced DBS etc etc. you should not latterly ever appeal a criminal record for this type (1yrs)  of 'offence' its not worth it and if you lose said appeal it will cost your dear in terms of additional wages grabbing and court fees. and extends the time it shows if you lose too. dx  
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    • FTMDave - your cold light of day suspicions are correct, alas. Just had this back... Thank you for your email. I was very sorry to learn that you recently received a parking charge notice after shopping at our Kearsley Manchester Rd Express store. I appreciate this is always frustrating, especially as you'd just nipped in for the one item. I've had a look, and I can confirm that in this case the car park at this store is entirely owned by a third party - it is not owned or operated by Tesco in any way. The parking charge issued is on behalf of that third party, although I appreciate it does state Tesco on the letter. Regrettably as the car park is owned and operated by a separate company we don't have any form of influence or control over the parking charges issued. In this case, I can only recommend that you follow the appeals process outlined on the letter directly to take the matter up with UKPPO directly. I'm sorry that I cannot offer further help in this case.  Please do not hesitate to contact me again should you require anything further.  Kind regards Ewan Kelly Customer Service Specialist On behalf of the Chief Executive’s Office
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hiya everyone, im claiming e.s.a and this morning i got a letter from the medical services asking me to go for a medical on 27th nov, can someone please tell me what happens at these medicals as this is my 1st time and i don't no what to expect. thank you in advance

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Well first off, if the medical comes back okay, you will more than likely land up on JSA, if you have a genuine problem, you will stay on ESA.

 

You will recieve a letter saying how long it will be before you go back onto JSA, the Dole have moved the goalposts so that less people stay on ESA after the medical. But do attend this.

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thanks for that 90DC , i do have a genuine problem, i have c.o.p.d which affects my breathing alot, i intend to go to the medical but im not looking forward to this as ive heard so much about atos, from what ive seen most ppl who do have genuine problems gets turned down by thisbut ill see what happens. thanks again for your reply

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Yes take somebody with you. Good luck with it anyway, take it as it happens and be honest, remembering to make sure you tell them the main reasons why you are not fit for work, they will do a medical examination anyway, hopefully it will come back the way you want. As i warned you earlier, the government moved the goalposts recently so it is harder for people to stay on this, sometimes there are genuine casualties. Good luck.

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This medical looks at what you can do, rather than what you cannot do. You must attend because if you do not, your benefit will stop.

 

If the medical results in you becoming disentitled to ESA and you feel the decision is wrong, you have the right to appeal 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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That's okay, that's what we're here for, keep posting in here with updates if you need more help in the future, as people like me recieve emails because we have replied to the thread and it will make it easier. Good luck.

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... i do have a genuine problem, i have c.o.p.d which affects my breathing alot ... as ive heard so much about atos ...

 

Hey manc girl, welcome to the copd club (where breathing is optional!) :p

 

First off, don't worry about it. Honestly. You'll only be disappointed when you end up with 0 points. If your 'medical' with atos is anything like mine they will not have the foggiest idea about copd and have no means of assessing how severe it is or how it affects you. They are clueless. And thats being complimentary. The 'doctors' state of the art equipment was a trusty old stethoscope and a peak flow meter. Neither much cop for copd per se. As far as I am aware the only true method of checking for copd - and, ergo, assessing how it will affect you and what you are able to do - is the torture equipment known as a spirometry test. You should have had one with your GP, it's that computerised blowy iny outy thing. My last one took several days to get through properly and several more to recover from! As for Professor Atos' peak flow test I scored a wopping 240. That was supposed to be the first out of three goes. As I was already purple and halfway to passing out we agreed not to bother with the other two. And, yes, I still got 0 points and chucked off - theoretically - esa. Naturally I'm appealling. [if i do say so myself ;) ]

I don't want to sound all doom and gloom but, unless you're most fortunate, I suspect I am leading where you are about to follow...

I was interested in your date. 27th of November is an important day for me. It's an anniversary. That day marks my first full year in the assessment phase. It's been a long 13 weeks so far. And the earliest my tribunal will be held is March next year.

One amusing twist - it's a crazy world - I am about to start part-time work with the support of my Pathways Advisor (she's good). There's a scheme available on esa - you can still get it if you have to appeal - where you can work up to 16 hours (about my maximum physically I suspect) earn an additional £93 per week without loss of esa, HB or CTB. Not available on jobseekers though.

Thing is, I need to keep supplying a sick note. So in order to work part-time, I have to provide a note from my GP confirming I'm unable to work! Made me smile anyway..

Good luck and let me know how you get on.

 

Rae x

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thanks for that info kelcou was much appreciated, i got a letter friday 20th nov, asking me to attend a pathways to work interview on the 4th dec and if i do not attend they will stop part of my money, what i want to no is, how can they send a letter like that when im getting sick notes from the doctor saying i can't work, i thought thats the whole idea of getting sick notes so you don't have to work, all this as confused me, any help on this would be grateful, thanks in advanced

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I had this problem and was advised to write to the jcp manager asking for a deferral on health grounds. if you can get your gp or welfare adviser to do it or provide a supporting letter, you are more likely to succeed. I had help from a Mind adviser.

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I had a medical assessment in July 2009. I was so annoyed about the whole process I put my experience online.

 

I have also put extracts of all correspondence http://www.whywaitforever.com/dwpatos.html (the letters link from this page). Feel free to copy, paste and edit from these letters. I would avoid at all cost just relying on phone calls. If there is a phone call, if you can, always email or write a letter confirming your understanding of what was agreed. Remember you are allowed 30 days to appeal so if you have not received a copy of your medical report then ask them to extend the period that you can appeal.

 

Remember this is not a medical procedure sanctioned by the GMC. The DWP and Atos Healthcare are just like loss adjustors. They have targets and the sick and the weak are the easiest to bully. I know that people are sick unfortunely these procedures assume every one is well and has the knowledge of a lawyer. At times I felt like a swimmer being circled by sharks DWP, Atos, JobCentrePlus ... and just when you have seen off one of the brutes another brown envelope arises ... I wish it were otherwise.

 

I wish you well.

Edited by ErikaPNP
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If This Is Atos

 

Make Sure The Person Doing The Medical Is A Doctor And Not A

 

Health Care Worker

 

You Have A Right To Be Assessed By A Qualified Doctor

 

Cant Say Much More As I Have A Claim Against Atos

 

Ask When You Go In

 

Hi Ime Mr/mrs

You Are Doctor

 

Get The Idea

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In regard to the Work focused interview, you do have to attend unless you fall into one of the exempt categories below:

 

You are only exempt from the WFI's if you fall within one of the below categories:

 

  • aged 60 or over

 

  • exempt from the Personal Capability Assessment

 

  • entitled to the support component with Employment and Support Allowance

You can of course request that the interview be deferred to a later date, but they have to agree to this.

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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im so grateful for all the advice thank you everyone, but what i don't understand is, why am i going to a pathways to work interview when im sending in sick notes i just can't get my head around that one, thanks in advance

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Manc, as you've not had your medical yet I presume you're still in the initial thirteen week assessment phase. During that time you need to provide a medical certificate which then allows ESA to be paid. Once you successfully pass this phase you no longer need to provide the certificate as it's done automatically. It's if you don't pass this phase and need to appeal, then the fun starts as you need to continue producing medical certificates for some considerable time!

As for the Pathways to Work interviews, I've always found mine usefull and supportive. And I don't believe they are anywhere near as frequent a meeting as those on JSA would have with their respective advisors.

Rae

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thanks for that kelcou, lol no i hav'nt been for my medical ye,t i go tomorrow

27th nov in which im very nervous about, one thing id like to ask is, if i get seen by a health care worker can i refuse to be assessed by them?, would my money be stopped if i refuse to let them do an assessment?. thanks in advance

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Just spotted your reply MG. I don't know the answer but am sure I've read a post on here stating you can ask for a medical doctor to assess you. But I don't know how valid that is.

Either way, relax, enjoy your day and fingers crossed...

Please let us know how it went - and then what they officially say how it went!

Rae

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thanks kelcou. just to update you on how my medical went, i think it went ok (fingers crossed), (stomach in knots), i asked if she was a qualified doctor, she said no so i sat thinking for a few minutes wondering weather to go through with it or not, then i decided to get it over with and if the worst comes then i will appeal, she basically asked me questions which was already on my form that i filled out before i went for the medical, (had a coughing fit) then i had a peak flow done which was 150 not good, so hopefully it went ok, im just glad its over with. will update you when i get a reply back from them, thank you all for the advice you have given me

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i asked if she was a qualified doctor, she said no

 

i asked if she was a qualified doctor, she said no

 

well done for asking that question as advised

how can these people give medicals when they are not even qualified

 

thats my case in court at the moment

 

you have a cast iron defence to appeal

 

most important

 

why is the goverment allowing this to happen

 

would you want one of these people treating say your child ?

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Any ATOS employee who assesses you in relation to your benefit must either be registered with the General Medical Council or the Nursing and Midwifery Council. They also need to be approved by the Chief Medical Adviser to the DWP.

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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this is interesting

 

before i issued my court claim against these cretins, i went through the normal complaints procedure

 

they never did tell me if this person who did my assesment had medical qualifications

 

mine is not dwp but royal mail use this lot now instead of occpational health

 

there report on me was that i was exagerating my condition and recomend return to full time duties

 

i am now having a knee replacment done on the 21 december

 

my point being is these people are doing medical assesments and people are being taken down the conduct code on these reports

 

mine is a clear case of missdiagnosis by an unqualified person

 

makes you think ref dwp

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Well done MancG for getting it out of the way. Peak Flow Test is a waste of time for copd but hey ho! 150 is indeed on the low side, lol, the average rate for a normal woman is 310. That is a normal woman of 85yrs btw... time to stop living down a coal mine girl.

Keep us posted.

Rae

 

[btw the figures qouted are from a peak flow meter manufacturers guidelines. Happy to give the link to any who want it for tribunal use. Just pm me. Not surprising that Atos use the meter but fail to explain the results in their medical report or compare them to a healthy reading...]

Edited by RaeUK
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