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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • 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.

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

      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
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'Why I went to court for my disability payments'


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'Why I went to court for my disability payments'

 

The number of people going to court to try to win back a key disability benefit is expected to continue to rise this year, a leaked letter seen by the BBC suggests. We follow one woman who took her case to tribunal.

 

Debbie Neal was diagnosed with a rare kidney disease 10 years ago. She takes dozens of pills each morning to manage her symptoms - sickness, high blood pressure and seizures.

 

She may well need a transplant in future.

 

For the moment, she has to empty excess fluid from a tube attached to her stomach, and replace it with new liquid from a bag, five times a day.

 

"It is a burden," she tells the BBC's Victoria Derbyshire programme. "They say, 'Don't let it affect your life,' but you can only live your life to a point.

 

"I can't even remember what it was like not doing it."

 

READ MORE HERE: http://www.bbc.co.uk/news/uk-39745403

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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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It's an awful system. It should go back to the way it was. Yes, I only received lower mobility DLA, (about £36 a week less) but there was logic there.

 

There's no logic here at all. How can you decide in 30 minutes - 1 hour what someone's disabilities are really like? It was decided somehow, I don't have hearing problems because I wasn't saying pardon every 2 minutes. So, why the hell do I have so many letters from ENT / Audiology then?

 

DWP don't believe I have any difficulties communicating. Yet. the friend who was present and both parents will tell you the opposite.

 

I now find myself in the crap situation of my needs have changed; but knowing how illogical they are, (I've come across people who've said their conditions have become worse, informed DWP and they've lost everything) I may have to leave it.

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Nystagmite - I imagine there are many people who are frightened to say their conditions have worsened JIC the assessors decide otherwise and the applicant will lose what they already have - so they simply stay under the radar - suffering !

 

 

Very wrong indeed.

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  • 2 weeks later...

Nystagmite I too have issues communicating at a normal level in the real world. Unless I can spend hours/days/weeks and sometimes months studying a response, 'live' conversations on standard topics crucify me big time,, but when allowed to study for a time I can deal with it. Probably like you I get very confused very quickly then turn mean, because I cannot be fully understood properly....

 

 

Here we can take time that others can do instantly, this is why it is difficult for us and I hate to use this word 'normal' people take it for granted that we too are 'normal' but sadly we are not...

 

 

citizenB: I fully agree with what you say, one day I can do a thing easily then the next I cannot, that is the long and short of it. Simply put if the DWP continue to assume that every condition is written down and EVERYONE is affected the same way then things will continue to deteriorate for the claimant.

 

 

We are not a book that states this IS what it is we are individuals and different as are our disabilities....

 

 

Simply put how can we prove a negative?

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Most of what you're saying sounds familiar, Mikey. Unfortunately for me, I was seen on a "good day". The assessment did not take into account that there's a huge difference between sitting in a quiet room with 2 people (assessor and friend) and normal everyday life where you're sat in a room with maybe several people and quite a lot of noise. (such as doctor's waiting room) The latter being physically painful for me. But no, because the former is ok, I've got no such issues, apparently.

 

I have a long list of rare medical problems (I was even asked what one of them was...) and I know they don't have a clue what they are.

 

Like you, most of my conditions vary. DWP unaccepted this under DLA (they wrote this on my award notice) but not under PIP it seems. Everything appeared to be based on that one day when I appeared to be functioning ok. You can't make a decision based on that. My hospital letters pretty much stated the opposite. They were written over several appointments. (roughly 1-2 months apart)

 

Because of the way the questions were worded, (you have to word things in a certain way for me to understand them) it was assumed I have no problems with language. But my friend said I take things literally. Actually, most people who know me will tell you the same thing.

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