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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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long term sick


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I have been off sick since the end of july due to the fact my knees starting giving way (I do a lot of walking in my job )

I had to wait for the op that sticks a camera in both knees and trys to repair the damage .

 

Had the op and the specialist comes in and says ive got good news and bad news ,

Good news is ive repaired the damage to the cartilage,

bad news is I found something I was not expecting so I took a biopsy

 

fast forward to just before Christmas and she the next specialist and he confirms it as rheumatoid arthritis, my scores they use were off the scale and it had spred to shoulders elbows writst to a lesser extent.

 

The company has paid me all I am entitled to due to SSP and sick pay and now I'm on contribution based esa .

However they do not seem to be in a hurry to get me back

 

when I talked to the union guy in November he said its because they are not paying you now it doesnt come out of their budget .

 

The problem I have is I cannot forsee me returning to the job I did before due to the damage done to the joints

however I would be capable of a desk job/office .

The problem being is they are few and far between .

 

Also if I return to work and have to go off again then they could get rid of me due to attendance ie sickness .

because they would count it as 2 periods of sickness .

 

They do not want to make me redundant due to ill health because it would cost them a lot of money due to a deal with the union at the company ,

 

I have asked the union rep to talk to the manager to see whether they could arrange something for me to return to work in the office that I could put in front of the specialist so he would agree for me to return to work at the end of the month but so far not a whisper .

 

I really need to push this issue because of financial pressures building as well as my sanity not being at work

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Hi, sorry to hear this

- you can't do your old job

- you could do a new desk job

- because you could do *some* work, you are unlikely to get ill health retired - that's for people who can't work at all. So probably nothing to do with the union. (Also the company does pay the SSP so I think you are being fed a line!)

- but your company doesn't have a desk job

 

I think you now need to look elsewhere. But also if you work for the largest postal operator, have you looked into their benevolent association to see if they can help tide you over?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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sorry apologies- esa is not paid by company, I misread!

np

 

At the moment I am between apointments for the specialist that's why I asked the union guy to see , but the problem is like you said I cannot do the old job but could do a office job , well what happens if they turn round and say there is none available ?

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np

 

At the moment I am between apointments for the specialist that's why I asked the union guy to see , but the problem is like you said I cannot do the old job but could do a office job , well what happens if they turn round and say there is none available ?

 

then I am afraid you will be looking for employment elsewhere. They are not obliged to keep you on if there is no job you can do available. Being mobile ie able to move towns may help. Offering to retain as eg HGV might do it if your health is up to that. But they do not have to find you work if there is none.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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well you see that is what I want to know , where do I stand is there a job or not if not then get rid of me

 

If the union aren't doing anything you had best ask yourself. Probably in writing. But I would assume not, and get on with finding something else.

 

Remember though you will be accruing holiday - so ask for that to be paid too! It may sharpen the thinking.

 

https://worksmart.org.uk/health-advice/employer-support/sick-pay/what-happens-my-paid-holiday-entitlement-when-i-am-sick

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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once you can give them aletter from your specialist as to what you are likely to be able to do the employer can then consult their OH bod and if they are in a position to offer you alternative work then you should be considered for any current vacancy.

 

If they dotn ahve any work then the chances are they will seek to dismiss you on capability grounds. Now your pension scheme may have conditions that will pay you a part pension based upon your disability or you may be able to take your pension early but not with the full benefits that being ill health retired brings. Schemes vary as to what they do around this and what level of disability is required for either full or part pension.

 

You havent said how old you are and how long you have worked for your employer, these will make a big difference to how much effort your employer will put into helping you

 

well you see that is what I want to know , where do I stand is there a job or not if not then get rid of me
Edited by honeybee13
Paras
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once you can give them aletter from your specialist as to what you are likely to be able to do the employer can then consult their OH bod and if they are in a position to offer you alternative work then you should be considered for any current vacancy.

 

If they dotn ahve any work then the chances are they will seek to dismiss you on capability grounds. Now your pension scheme may have conditions that will pay you a part pension based upon your disability or you may be able to take your pension early but not with the full benefits that being ill health retired brings. Schemes vary as to what they do around this and what level of disability is required for either full or part pension.

 

You havent said how old you are and how long you have worked for your employer, these will make a big difference to how much effort your employer will put into helping you

 

I am 48 and I have worked for them for 12 years . As far as I can see there are two outcomes

 

1 they find me indoor work ie front counter which would be the best outcome.

2) they make me redundant due to ill health which would cause problems finding another job considering how much time off I have had with this in the last 12 months

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You would almost certainly now meet the criteria for being regarded as disabled. Therefore your employer has a duty to make reasonable adjustments.

 

Have a read of this https://www.equalityhumanrights.com/en/multipage-guide/employing-people-workplace-adjustments

Start every day off with a smile and get it over with.

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1 they find me indoor work ie front counter which would be the best outcome.

 

 

My friend who does front counter walks 6 miles a day. It's not a desk job!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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they arent going tot make you redundant, it is the position not the person filling it so what about the pension scheme rules for incapacity? You cant retire on your own volition so you need to look to see if there is help for you in that direction.

Ultimately they can let you go on capability grounds if they dont have a suitable vacancy and that will mean no payput and the pension frozen until the scheme says you can have it, usually 60 or 66 and no monies added to the pot in the interim.

Dont have a copy of the pension scheme rules? ask for one, eevn if you just borrow it

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Just got a voice mail on the phone from a withheld number so I played the message it was from job center plus with a very arrangent person saying you have this appointment on the 8th march if you miss it you can loose you benefits , I am on contribution based esa at the moment I have not left my employer

 

The problem being is they have told me to go to a job center that is 309 minute away when there is one 10 minute down the road and a lot nearer . Cant see why I have not even received one payment yet from them as well . can I request a change to the nearer job center

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they do this, they dont seem to understand that you are still employed. You will probably ahve to phone the DWP centrally and try and find the right department to complain to and then kick off in writing as no-one will actually call you back when they find out that you think they are less then perfect.

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  • 2 months later...

well thought I would give a update I have returned to limited duties at the beginning of the month and I am slowly working my way up to a full shift while waiting for occupational health . so fingers crossed its going well at the moment

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well thought I would give a update I have returned to limited duties at the beginning of the month and I am slowly working my way up to a full shift while waiting for occupational health . so fingers crossed its going well at the moment

 

That's good news, I am pleased for you

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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