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  1. I won my PIP reconsideration have finally been awarded PIP at the daily living rate component. Cannot stress what a huge difference this will make for me, not only financially, but also that at last my illness has been recognized as being detrimental to my well being. It has been a long hard struggle, one I did not think I would win.
  2. Hi I am posting with some questions for a friend of mine whom sufffers from mental health issues (anxiety panic attack, nausea, vomiting, depression) background she has just received notification of being placed in the WRAG group- contribution based ( migrated from IB). she is keen to get some support/advise re testing herself out for possible work WHEN she is well enough and is stuggling with coming to terms with admitting how ill she is. I believe she should be in the support group, as her mental health is such that she cannot reliably commit to work related interviews without risking exacerbation of her symptoms. ( i dont think she meets support group "descriptors" for mental health- but exceptional Circumstances Regulations -regulation 35 should apply "a “serious” or “substantial” risk of harm is likely, should the person be found to be capable of work-related activity" she wants support to get better and return to work but it would be better for her to be in the support group and voluntarily attending work related activity would be far more suitable than the pressure of WRAG group with the threat of sanctions hanging over her head when she inevitably is not well enough to attend. she is weighing up if she is well enough emotionally to consider an appeal wrag to support questions IF she was to ask for a mandatory reconsideration ( asking for scoresheet, statement of reasons and sends in letter from doctor and counsellor) and states Reg 35 as reason for consideration of support group) and the reconsideration response was to keep her in the WRAG group :- 1. what is the process now for mandatory recconsideration , and requesting the score sheet and statement of reasons and registering an appeal ....i vaguely recall some change since i went through this 2.would her money be dropped if she decided to appeal? 3. would she have to persue the appeal process or could she stop there? ( with the money at esa wrag contributions rate or would that be dropped) 3. many thanks in advance
  3. Hi everyone, I have some question regarding child tax credit (CTC) and would be most grateful if you could help. Going back to oct 2013, I appealed against a decision where HMRC didn't pay the disability elements of our child's tax credit for 1 full year during oct 12/oct 13. My child at the time was on high rate care and mobility. After a lengthy battle, my appeal has been accepted my the tribunal judge in my favour. It was my first time at the tribunal, so I was extremely nervous. In fact I was that nervous, I forgot to ask what happens after the appeal. This is what the judge has written in the appeal letter:- DECISION NOTICE 1. The appeal is allowed 2. The decision made on 01/10/2013 is set aside 3. The tribunal is satisfied that the appellent did notify the Tax Credit office of the reinstatement of his daughters DLA on the 14th of Dec 2012. The enhanced payments including the severe disability element should be reinstated from then. For now I have a few questions:- 1. The letter states that the tribunal has no powers in enforcing them to pay, so how does it work? 2. Can they still appeal against the judge's decision or are they not allowed? Thank you
  4. Hi All, When boarding my usual bus journey back from work last week, I tapped my Oyster on the Oyster card machine, it did not respond so I tried again (I had swiped correctly, with card flat against it). Prior to this, a lady in front of me had swiped her card several times and it also did not work for her - No beeps, Green or Red signals, so she went to sit down. I took her experience into account after I had tried swiping my card and informed the bus driver that the machine did not work (either she froze the machine or the machine was coincidently unresponsive for us both), he did not respond so I went to sit down (The lady and I was not stopped). About 15 minutes into my journey, a bus inspector got on, my Oyster was swiped and she informed me that my card had not been registered, I explained the incident to her and she took down my name and was asking for my address. Half way through her note-taking, I questioned whether she was issuing me with a fine. She said "No" and that it is just for "Back office checks" to see whether there is a fault with my card or the Oyster machine. I did not argue and was cooperative as I knew I was not guilty of any intentions to skip a bus fare, though I did ask whether we could check my card there and then (with every intention to pay my usual bus fare). She told me not to worry and that she would check with the bus driver. Suddenly , one of her colleagues came up to her and said they had to leave the bus at the next stop, she quickly said "Respond to the website within 21 days or you will get a fine" and handed me a folded leaflet with the website on and left. I opened up the leaflet to find a Penalty fare inside. I felt cheated as she had issued me a fare without me knowing and left the bus without checking with the bus driver as promised. I went downstairs to the bus driver and questioned him, telling him that he did not reply when I told him that the machine did not work. To this, he got defensive (I assume as he did not want to take responsibility) and said "No, no, no! I would have told you if your card had not swiped! You people do not swipe your card properly and this is what happens!" I angrily took down the bus details and went home to make a direct complaint to TFL and tried contacting IRCAS on the telephone. The number given on the IRCAS leaflet was an automated line, being frustrated not being able to get through to a real person, I decided to complain to TFL online through their CCTV and Bus Complaints links, requesting CCTV footage of the incident. I appealed to IRCAS and received a letter to say that my appeal has been turned down. This is the reason I was given: " When traveling on the bus, you must touch your Oyster card flat on the card reader on boarding the bus. It is your responsibility to touch in correctly and to check for the green light and single beep to ensure that your Oyster card has been validated. Failure to touch in correctly may result in the issue of a Penalty Fare." 1. I did touch my card correctly and swiped it twice to be sure. 2. It didn't work for the lady in front of me so I don't believe that we were both not accurate in our swipes. 3. I informed the bus driver who did not respond. 4. The bus inspector slyly issued me the penalty fare and mislead me with information. Anyone experience this kind of lousy service? The bus driver does not take notice of his passengers and the bus inspector saw me as an easy target just to fill her quota. I'm not exactly a trouble-maker but wanted to question the bus driver. I do not believe that I should be forced to pay the fine with a invalid reason that they had given me. It seems like they did not investigate the incident throughly and just sent me a letter of rejection. I have not heard back from TFL, anyone know how long (if they do) they take to get back to you? Do I have a leg to stand on if I appeal again? Please help!
  5. Hello, Last May I went for a work capability assessment one of those ATOS medicals. I scored no points. And I was no longer entitled to claim Employment Support Allowance. I appealed that decision. During the appeal process I was claiming Job Seekers Allowance. I recently won my appeal at the tribunal. So, my question is what happens now? Do I sign off JSA myself or will the DWP do that when they receive the copy of the papers from the tribunal? Will I backdated from last May or when I submitted the appeal papers? How long does it take to receive the backdated money? Any advice I will appreciate. Thank you
  6. son wishes to appeal pip payment. Is there a form to use? series3
  7. My husband was placed in WRAG group for the second time in May 2013. He decided to appeal, decision was upheld and he has since had 2 tribunals both adjourned. The last one advised him to get legal advice as she didn't think there was enough evidence to continue paying ESA at all. Our legal adviser has let us down somewhat, despite having plenty of notice and being emailed the whole bundle of papers back in August, he only went through them (allegedly) on 5th December then advised us to withdraw the appeal immediately as he wasn't confident of retaining ESA (despite telling the Mental Health advocate at an earlier date it was simply a question of getting him moved to Support Group). We emailed the Tribunals people and received the automated response on 6th December. We have since been waiting for official letter stating the tribunal would not be going ahead - tomorrow - but despite 4 phone calls to them we still don't have confirmation it has been withdrawn. The last phone call I was told that instead of the request to withdraw being seen by a duty judge, the last judge at the tribunal asked for it to be specifically she who was contacted should we wish to withdraw. Our legal advisor is at a loss as to why, I have searched many places and can find no other examples of this happening. Can anyone shed any light on why she would insist on being contacted? My husband is in no fit state to be able to attend the tribunal tomorrow, unless I hear I shall be going to the court alone just in case it is heard in his absence for some reason. (It does involve a 3 hour round trip). Any ideas?
  8. I received a PCN notice for stopping on a road that I entered by mistake near to Liverpool Airport. I had no idea that I'd entered a controlled area and was turning around at a junction with an incomplete road once I realized I had taken a wrong turn. I stopped there for 32 seconds according to the notice. Appealed to VCS who obviously rejected it. Appealed to POPLA on grounds that I was at a junction and consistent with highway code/law etc, but to my amazement the appeal was rejected. The video evidence must have shown the road to be clear (apart from some odd looking car with a big camera to my right!). To be quite honest I thought the fine to be so ridiculous that there would be no way they'd reject my appeal. What if any options do I have now?
  9. Hi I filled an appeal after an unjust decision. I wrote to my employer listing 56 points of bullying breaches of employment law etc. My appeal is Thursday but they won't hear new evidence. I'm only going as it's part of the process. they'll not overturn which is good for me as it's tribunal all the way. I just want to know, do I tell them I will take them to court, do I show my hand etc etc I'm going on my own, they don't scare me anymore Got a new job and loving it, if they overrule I'll resign anyway. Shall I tell them that. These are a council, been very naughty Thanks
  10. First time post and would be grateful for some advice... In September of this year I was issued a PCN for not displaying the correct signage under PPS rules. The car park in question is part of a business park with several tenants, of which ours is one. We have an agreement for 20 or so parking spaces and they are covered with permits, and I have a permit to park one registered car. The signage around the parking areas denoting the T's & C's is clear and unambiguous. I was using my partner's car, not the one which is registered to park here so I was covering the parking with a visitor pass, which is allowed under the rules. However, on the day in question the sign had slipped off the dashboard and under the seat and I did not notice, hence the PCN. The use of my partner's car had been ongoing for some 3 weeks previously and at least 2 weeks since the PCN and I had displayed the visitor pass on every day except when I was issued the PCN. Therefore in my view this is purely a technicality of displaying signage, not that I was not allowed to park here and appealed. On appeal to PPS they unsurprisingly rejected this reasoning saying the rules are the rules, they cannot take mitigating circumstances into account and so on, so I appealed to PoPLA. However, to my surprise they upheld the decision of PPS reiterating the "mitigating circumstances" part and I must pay the £100 in 14 days. It was almost a mirror decision to PPS's. What are PoPLA for if they don't take other circumstances into account? Seems like a rubber stamping process for the parking enforcement companies to me. The 14 day window is fast approaching, so what are my options? I am keen to fight it but am a bit concerned about it going belly up and I end up even more out of pocket.
  11. Grace v Black Horse , it was decided on 30 October in the Appeal Court that a lender is not entitled to register a default if the agreement was officially found to be unenforceable. This could have implications for anyone who disputes an entry and the lender cannot come up with any proof that there was an agreement let alone an unenforceable one.
  12. Hello there, Just today received refusal for my appeal to POPLA. To make it short, I parked at hospital car park when my wife was in labour, ran to the maternity unit. I was given the "permit" that allowed me to stay for 7 days, paying minimal charge every day. There I found I have no change even to pay that minimal charge. Running around hospital, I couldn't find any either, but I felt I was lucky to find that I can pay with my mobile for parking via RingGo, so I assumed that I can pay same minimal charge via mobile, and be happy. How wrong was I... I found a PCN on my windscreen, and in my consequent mail correspondence with CP Plus (parking operator) they refused to consider RingGo equivalent of pay and display ticket. The permit I've got from hospital indeed states that it should be displayed together with pay and display ticket, however RingGo rules displayed on parking site claim that RingGo users are not required to display ticket. Also, I found that hospital has two different forms of the permit, and one clearly states that RingGo is not a valid payment. Mine doesn't have it, and I found that they have another form only during POPLA appeal as I was copied when they provided the evidence. I attach both my permit and the one CP Plus tried to provide as evidence that RingGo is not an option (none of those contain my details, btw). So now, first thing I want to ask the people here - who is right and who is wrong? Am I right assuming that unless it was specified on the permit, and providing that signs on the parking site say that RingGo payment is equivalent of pay and display ticket, I rightfully replaced one way of payment with another? And if so - what do I do now? I'm starting to lose hope for common sense. Just (from moral point of view) can't understand people fining me for shortage of time when my wife was giving birth... OK removed POPLA ruling PDF (have no idea how to edit it), but here's decision text: Reasons for the Assessor’s Determination The Operator issued parking charge notice number 4685352 arising out of the presence at Whipps Cross Hospital, on 14 May 2014, of a vehicle with registration mark [X] for parking without displaying a valid pay and display ticket. It is the Operator’s case that the Appellant’s vehicle was parked at the site without displaying a valid pay and display ticket and this was a breach of the terms and conditions of parking as set out on signage at the site. It is the Appellant’s case that they were given a permit to park for seven days and had to pay for a parking ticket costing £2.50 each day and display this along with the permit in their vehicle. The Appellant states that on the day in question, they did not have change so decided to display their permit and make payment for parking by RingGo. The Appellant was in possession of a concessionary permit which allowed them to park for a reduced fee of £2.50 per day. The Appellant was required to display on their dashboard the permit as well as the ticket from the pay and display machine to show that they had paid £2.50. The permit stated on it “Display clearly on dashboard with a paid car parking ticket” and there is no mention of RingGo. I find that the Appellant breached the terms and conditions of parking by not complying with the terms and conditions as stated on their permit. Although the Appellant had paid by RingGo, this payment was not valid for use in conjunction with the permit they had displayed. The Appellant ought to have paid for parking using the ticket machine and displayed the ticket along with their permit on the dashboard of their vehicle and on this occasion they did not do so. Thanks in advance. [ATTACH=CONFIG]52877[/ATTACH][ATTACH=CONFIG]52878[/ATTACH][ATTACH=CONFIG]52880[/ATTACH]
  13. HP Mum

    HMRC issues

    Afternoon all, re Self-Assessment Self-employed Tax Return. I missed the paper deadline of end Oct and missed the on-line filing deadline of end Jan. Due to personal reasons - which are listed as IR reasonable reasons for being late - I ended up filing the tax return in July. There was 0 tax to pay. I then received a Penalty Demand of £1300 (1200 penalty & £100 automatic late fine). I appealed in writing - within the 30 day limit. I gave solid, sound reasons for being late filing, and presented evidence. I have just received a letter saying they did not receive the appeal within the 30 days and do not consider my reasons as being pertinent to the time period. They were. They are now demanding that I pay the Penalty. I still disagree with their findings. Plus it is impossible to find this penalty amount. How can the IR demand £s from someone when it is clear that there is not enough income to cover the penalty demand. What can I do? Is there a certain letter to write asking for an reconsideration of their judgment?
  14. [ATTACH=CONFIG]54082[/ATTACH] Mom parked the car here. The black car and got a PCN. Directly under a UKPS sign that says private and no parking. Is there any point in appealing? She wasn't thinking as it was packed with cars and when she got back, everyone got a ticket. There was no markings on the road at all. Also the grace perid of 14 days is tomorrow. She just showed me the ticket and asked me to pay.. sigh
  15. I hope someone can help me out here, iam not having much luck with this. I was issued a parking ticket by VCS for stopping at the side of a road some months back and a NTK was issued. Ofcourse i sent a strongly worded letter (template used from another forum) pointing out several contention points which was completely ignored. To cut a long story short, i was finally issued with a Popla code and am in the process of preparing my appeal. I wanted to see if the popla appeal letter in the forum is still ok to use If i post it here will someone kindly look over it and let me know if its fit for purpose, i really dont want to get it wrong. Much thanks in advance.
  16. I've just received a £100 penalty charge notice from Parking Eye for parking at the Marriott Hotel Waltham Abbey. The signs were very clear and I therefore paid my £3 charge for the allotted time. I don't understand why I received a notice - I paid my money and parked within the time constraints. Parking Eye do not issue you with a pay and display print out ticket so how can I prove I paid the money??? Any replies would be grateful please.
  17. Hi, I recently had a appeal and some of my documents are missing and one page has been crossed out But the crossed out section, proves that the missing documents were seen.... Surely this can't happen? I have to wait for it to be investigated why, then the appeal can proceed.
  18. hey all, any advice greatly appreciated . Long story so i'll give the abridged version. 2009 - i lost my business, house, everything. my dad who was a director at the co. with me died of a massive heart attack due to the stress when we were losing the business. i had a nervous breakdown, was very ill,severe depression, mental health issues. got shingles, went off the deep end basically. after never claiming anything in my life i made a housing benefits claim .. meanwhile my life was still in tailspin. no clue how i came through it. 18 months later my wife had a heart attack , and developed massive ( still ongoing ) health issues. housing stopped my money. they said they needed to see all my bank statements etc... we moved house then, and i started to finally get back in track ( 2012 ) , apparently benefits had been writing to me at my old address. late 2012 - benefits wrote to me at my new address, inviting me for an interview under caution, i declined to attend. still have ongoing mental health issues, suffer anxiety , and cant cope with public places and people in general. i wrote back to them telling them this . they said they wanted a massive list of info from me. i didnt provide it. they wrote to me, said 'cos i didnt attend or provide, they had decided the whole claim was an overpayment .. its £26,000 !! i kept writing to them, asked them to re-consider .. they woiuldnt, so i asked to appeal few weeks later benefits sent me the file they had compiled on me. it had all sorts, bank statements for myself and my wife .. my step daughters bank statements. google info on me and my previous company / career. i had worked in the entertainment industry before my mental breakdown, and so as with most in that field, its easy to find some rubbish on google that paints you in a bad light. they said i had undertaken commercial activitiy which i had not declared, and had made money i had not declared basically. to be fair the bank statements do show money transactions. i was told there would be a tribunal hearing, but that was 9 months ago. this whole thing caused me many sleepless nights, but as with everything in life, you learn to adapt and carry on with your life. i was hoping they had changed their minds, or .. well i dont know , but today i got a latter with a tribunal date of 15 dec. i had previously indicated i would want a written hearing due to my mental health issues and anxiety .. but apparently benefits have asked for an oral hearing. so this letter is for an oral hearing. i know i dont have to go, and honestly i couldnt go. i would fall to pieces before i even got into the building. what im trying to determine, is if the tribunal appeal fails .. will i be prosecuted ? or will i just be offered the chance then to work out a plan to pay off the overpayment ? attending an oral hearing is just not an option for me - i have a feeling, or a thought, that if benefits had enough concrete evidence against me, they would have prosecuted me a long time ago, but this has been dragging on for over 2 years now surely if they had enough on me to prosecute, they could have done it one or two years ago .. i am not in the greatest financial position stil and our run of horrific happening sin our lives has continued, with various horrific deaths and such in the recent years on top of everything else. i feel lucky to be alive and able to type this message, and had finally put all this to one side to focus on rebuilding my mental health, but that letter today has freaked me out so yeah im rambling .. what does anyone think ?
  19. Hello everyone, I was wondering if anyone could help to point me in the direction of any web resources that may help me construct a proper request for permission to appeal to the Court of Appeal? It's the wording I'm having problems with as it's too easy to go into detail, but how much of it they want to read I don't know. My reason for appealing is for inadequate reasons (the judge dismissed vital evidence without giving any reason). It's the ET and it can only be on a point of law, this is my last chance so I need to get it right! Thank you in advance
  20. I appealed to Ilford council I was parking in a loading bay on Aug bank holiday Mon , I have just got a knock back about the appeal they said they are sending a notice to owner but I am no longer the owner , they took 50 plus days to get back in touch to say I have to pay is this reasonable ? I thought they had only so long to get back in touch? can anyone help
  21. Hi all, When i first got parking charge back in April, i found this site and made use of a company set up to help people with their Parking ticket claims They were very fast to respond and very helpful. I had already appealed to the parking company but they just rejected it and said I could appeal to POPLA but really not worth my time. They did not supply POPLA code. The Claims company contacted them for code but appeal lost due to out of date code - dealt with it, Claims Company got a new code and re-submitted appeal which won. Yay!, all dealt with. Except now, the parking company UK Parking Solutions has sent me a letter demanding payment and threatening Debt Recovery and extra charges. Is this legal given POPLA appeal already won. Does the POPLA appeal verdict hold up in court? Should I just ignore them or do I need to take action? Thanks
  22. The Prankster has blogged about a British Parking Association advisory panel meeting; http://parking-prankster.blogspot.co.uk/2014/10/bpa-drop-requirement-for-charge-to-be.html
  23. Due to extensive renovation work when I purchased my house, it needed my local Valuation Board to band it. They banded it E in 2004 (despite me purchasing the house in 2002). I accepted this as I didn't expect the Band to be different from the neighbouring properties which are all the same size. With the mass of information on the internet in 2009 I asked the Valuation Board to look at my Band and they visited the house, confirmed it was the same as the neighbours', but stated I could not appeal as I was outwith the six months and so was "statute barred". I have argued this over previous years and I have a Court hearing this Thursday (09.10.14) to argue my case that my appeal is still legal despite being outwith the six months. At this hearing I am not allowed to present my argument for a Band change, as this is a further hearing which is only set if I can provide enough evidence that my appeal is legal. My mid-terrace home is an E and the two neighbouring properties are D. Larger properties at the end of the road are E and when viewed even from outside they are obviously much larger houses. Part of my argument is going to be that the six month rule should not apply to my house as the Valuation Board have an obligation to ensure the Valuation List is accurate. They are also putting me at a disadvantage if selling in the property in the future as my Council Tax payments are higher than the neighbours. They are also saying that my property was of a higher value in 1991 and so they have escalated the property price which is illegal. Does anyone know whether the six month rule is a breach of any kind of rights.
  24. A housing association has sent letters to over 600 of its tenants who have been identified as potentially having grounds to appeal against the government's controversial bedroom tax. Read More Here: http://www.24dash.com/news/housing/2014-09-25-Bedroom-tax-campaign-heats-up-as-600-tenants-face-appeal Just hope its successful and more HA do this.
  25. I am not sure if this is the correct place on this site for queries about the State Pension but could see no mention of pensions anywhere so someone might point me to another section. This is a little complicated but here goes. I was on ESA back in 2010, got put in support group for 6 months (letter appeared 2 weeks before my appeal hearing) but then 4 months later I had to start the process again with another E50 (?) form to fill in and new ATOS medical. Of course I failed the medical and lodged an appeal immediately in I think June of 2011 - it took some time to get the ATOS appoinment. My appeal took even longer, although then you still received the basic ESA of around £70 per week while awaiting appeal. I believe now this is not the case and you have to go on JSA until the appeal is heard, something I could not cope with. I finally got the appeal hearing in October 2012 which I failed and my benefit was immediately stopped. Due to my health issues (mental health) I find it impossible to face going into the Job Centre to register for JSA. I had to give up my flat and stay with various friends around the country. In 2013 I managed with some difficulty to find work, through an agency which was very irregular, only 4 shifts in two months, while I was staying with a friend. I then found a permanent position but only lasted 8 weeks as it was more than I could cope with. Faced with the prospect of not having any income until my state pension in 2020 (I am one of the unlucky ones who has to wait until I am 66) I took my modest savings (under the limit for claiming benefits) and came to live in Turkey, where I can manage on just £30 per week for everything! However I am not sure my savings are going to last another 6 years, even here prices go up. what are the criteria for receiving the state pension early (although technically not early as all my working life I thought I would be claiming it this week when I turn 60!) on health grounds? I know if you are terminally ill you can get it sooner but how do they class terminal illness? My condition is permanent and although I have repeatedly tried to work during the past it does not last long before I am again unable to do so. I cannot cope with going into the Job Centre to answer their questions and fill in their forms. I am not comfortable around people which is why I cannot last long in jobs. I know this sounds like a feeble excuse but I can assure you it is a very real problem. Receiving my pension early would relieve all the stress of having to come back to the UK and try to sign on for JSA or try (and fail again) to claim ESA and then try to find a flat and live on £71 per week, which as everyone knows is incredibly difficult. Is there anyone on here that can point me in the direction of who to contact for answers to this question? Many thanks for reading.
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