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      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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      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
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War pensions and armed forces compensation tribunal guide **Correct As At October 2022**


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WAR PENSIONS AND ARMED FORCES COMPENSATION TRIBUNAL GUIDE

 

1. Appeals

 

You can appeal to the War Pensions and Armed Forces Compensation Tribunal if your claim for a war pension or compensation was rejected.

 

The tribunal is independent of the Veterans Agency  and the Ministry of Defence.

 

There are different tribunals for Scotland and Northern Ireland.

 

Decisions the tribunal can make

 

The tribunal can make decisions about:

 

Ø your entitlement to a pension or compensation

Ø the amount of pension you get

Ø entitlement to extra allowances, eg for mobility needs

Ø pension start dates

Ø pension rates

Ø withheld pensions

 

The tribunal deals with appeals for the 2 pension schemes currently running:

 

Ø the War Pensions Scheme - for injuries caused by service before 6 April 2005

Ø Armed Forces Compensation Scheme - for injuries caused by service from 6 April 2005 onwards

 

How to appeal

 

You must appeal within 12 months of getting your pension decision letter.

 

1. Write a letter to the Veterans UK and ask them to reconsider their decision. Explain why you think the decision is wrong and give any information not included in your original claim.

 

2. The Veteran UK will look at your case again and write to you with their decision.

 

3. Contact the Veterans UK helpline to ask for an appeal form if you’re still unhappy with the decision. Fill in the form and send it back to them.

 

4. The Veterans UK will tell the tribunal that you’ve made an appeal and the tribunal will look at your case.

 

5. You’ll attend a tribunal hearing and the tribunal will decide your case.

 

Send the appeal form to the following address, or contact the Veterans UK if you need help.

 

Veterans UK

Norcross

Thornton Cleveleys

Lancashire

FY5 3WP

 

Veterans UK Helpline

0808 191 4218

 

Late appeals

 

In some cases you’ll be allowed to appeal after 12 months but you must explain why your appeal is late. You can’t appeal against any decision after 24 months.

 

2. After you Appeal

 

The tribunal will look at your case and ask for any further information if they need it.

 

The Veterans UK will send a response to your appeal to the tribunal. You’ll get a copy of their response. You can reply to it with a ‘written submission’, but you don’t have to.

 

You can also send any further evidence to support your case to the tribunal. Where you send your written submission and further evidence depends on where you live.

 

Prepare for the hearing

 

You can go to the hearing on your own or ask someone to help represent you. You can also call a witness to support your case.

 

Organisations that can help represent you include:

 

Ø Royal British Legion

Ø Royal Air Forces Association

Ø Combat Stress

Ø British Limbless Ex-ServiceMen’s Association

Ø National Gulf Veterans& Families Association

 

When you go to the tribunal hearing, take your appeal papers and the documents you’re using as evidence with you. You should give copies of any evidence to the tribunal before the tribunal hearing.

 

Tribunal panel

 

The tribunal is made up of:

 

Ø a judge

Ø a medical member

Ø a service member

 

What happens at the hearing

 

The judge, tribunal members, Service Personnel and Veterans Agency and your representative (if you have one) will ask you questions about your case.

 

The tribunal will then question any witnesses you’ve brought to the hearing.

 

Usually, the tribunal will tell you its decision on the day of the hearing.

 

Expenses

 

You might be able to claim expenses or compensation for:

 

Ø travel (only in the UK)

Ø living expenses for the time you’re away from home

Ø loss of earnings

 

4. If you lose your appeal

 

You can ask the tribunal for permission to appeal to a higher tribunal, called the Upper Tribunal, if you lose your appeal.

 

You must ask for permission to appeal within 6 weeks of getting the decision.

 

The Upper Tribunal will look at the case to see if the original decision was correct.

 

Reasons for appealing

 

You can only appeal if you think the decision was wrong for a legal reason, including if the tribunal didn’t:

 

Ø follow the right procedures - eg it didn’t tell you in time about the hearing

Ø give proper reasons for its decision, or back up the decision with facts

Ø apply the law properly

 

Before appealing, ask the original tribunal for the written statement of reasons for its decision.

 

READ MORE HERE:

WWW.GOV.UK

War Pensions and Armed Forces Compensation Tribunal - appeal a war pension decision, deadline, how to appeal, hearing.

 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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