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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
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      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.

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Incapacity Benefit Atos Medical Results


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Hi I have been to Atos Medical today with regards to incapacity benefit I get for being signed off with anxiety and depression. I think the doctor seemed to be on my side and guided me for relevant points.

 

I am now in a complete state of panic about it all though and main question how long should it take now until I am told whether I pass or failed the test and whether my incapacity benefit will go on ????

 

Thanks in advance for any response

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Mine took a week to come through and I was told I only scored 12 out the 15 points needed to qualify for the benefit. Basically if you fail you have to appeal to see if the DWP will reconsider. If you pass you get onto the higher rate of ESA.

My experience with the Atos medical wasn't too pleasant. All they seemed interested in was getting me back to work even though I have really bad anxiety and depression. Nevertheless I'm just about to appeal to the DWP to reconsider.

Good luck hope it goes well!

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Justforthem

 

All the past pca IB50 meds are now ESA wca meds. and its a nightmare by all accounts i will be going through this next march so i have a year to try and deal with the changeover i hope the new system will be better by then.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

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It's a nightmare having to go through this, I know firsthand as I'm having to appeal to get my ESA by missing out on just 3 measly points!

This sites definately helpful though as you'll realise your not the only one who's going through it.

Should it come to the worst and you don't get enough points to pass your medical, stand your ground and appeal like I am. It can't harm, I'm certainly not giving up.

They really aren't interested in peoples illness they just want to get you back to work when the reality is a lot of people are genuinely ill and are failing this medical when they should be on ESA.

I also suffer from anxiety and depression and I know how you feel, all this commotion just adds extra stress that you don't need.

You never know you might just pass the medical :)

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....Hi all, I've been on IB since 2006 , had 1 medical in 2007 and passed, I'm 62 now and I wonder if age matters ,as my IB is coming up for review in May??

Werner.

 

Hi Werner,

 

You have a use even at 62 they will try to get there pound of flesh, keep us informed how you get on.

i see your PCA med lasted 3 years mine was set at 5 (Interesting) i take it your review is may 2010.:sad::sad: Mine march 2011.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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...I don't know if it's just another IB50 to fill in. or a "medical"....

 

 

Werner

It well might be ib50 but think it will now be esa50 and then a medical in a few weeks time of filling in that form.

good luck were thinking of you.:-)

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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As far as iam aware if you were sent an IB50 form to fill in then your medical will be under the IB rules of PCA.So not under the current ESA rules.

I am on long term IB and have just completed IB50 form so if i get called for a medical it will be under the PCA rules and not ESA.

 

As far as iam aware claimants of IB are not due to be migrated to ESA until Oct 2010 onwards.

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hey it was an ib50 i filled in back in september - took ages for the medical to come through but now i have had the medical am worrying about results and how long they will take - definelty have been assessed under old rules and not esa just staring at letter box now

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Hi, what is the difference between the two rules. I know on esa it means basically got to be dead before pass the medical;) But the IB50 which is what I did as well and eventually I suppose will have a medical, is there much difference. Or thinking out loud is the difference that they have to take medical evidence into consideration for the latter?

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Hi, what is the difference between the two rules. I know on esa it means basically got to be dead before pass the medical;) But the IB50 which is what I did as well and eventually I suppose will have a medical, is there much difference. Or thinking out loud is the difference that they have to take medical evidence into consideration for the latter?

 

Loopin,

 

With IB50 it a Personal capability assesment wich you dont have to be quit so dead! ha ha. esa you have to be dead.lol:-o

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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.....Hi,.I just wonder how long it generally takes between "medicals"???

1 year, 2years, 5years???...and does the frequency also depend on age??

 

Thanks.

PS: I've been on IB for the last 4years.

Edited by Werner M
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.....Hi,.I just wonder how long it generally takes between "medicals"???

1 year, 2years, 5years???...and does the frequency also depend on age??

Thanks,

 

Werner,

My last med was may 06 i got review not untill 2011 i think i depends how bad you maybe not shure. im on IS at the moment.....

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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In my experience it's two and a half years between medicals.

 

For all I know it could vary a lot.

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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  • 2 years later...

My partner is 22 and has been on dla and inc benefit since about 12 his grandma recieved carers allowance and imcome support for him but august 2011 i took over and became his carer. weve recently been for his medical and now are worrying its been a week and we are due to get paid in a weeks time would we still get paid

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