Showing results for tags 'appeal'.
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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 this is successful and that more HA get onboard. You could consider writing to your own HA and pointing to the above link and asking if they are going to do the same. -
I have received a charge notice from an operator of a car park in a large town, at first I was mystified as to why since I did buy a ticket for £2.20. According to the ANPR cameras I was in and out within 30 minutes. Here is my problem - I parked my car in the second bay inside the entrance next to a high top white panel van. I walked round the back of the vehicle and spotted the pay machine on the other side of the entrance through which I had entered, I inserted the fee and the ticket I bought shows the time of purchase 1 minute after the ANPR shows me arriving - so far so good. I shopped and I left in approximately 30 mins. Unfortunately, there are two parking systems in operation, the pay machine I used belongs to a different operator and is used for on street parking (but is physically on the ground adjoining the other operator, albeit with a low barrier around it), the pay machines I should have used and entered my registration into were totally obscured by the large white panel van and I just didn't see them (they are very compact and slim - black in colour and stand side by side). I have only worked this out through looking at Google Street View and spotted it after a few minutes of study. I realize it is an error on my part, I wrote to the company acknowledging what I'd done but they aren't interested and point blank refuse to respond to any of my points. Since I bought a ticket there was never any intent on my part to dodge charges, the ticket clearly ties in with the ANPR evidence it's just that I've used the wrong machine. Does anyone have a view on whether its worth me going through the POPLA route and lose the option to pay the reduced amount? On the day, the car park was almost empty, it wasn't as though I was occupying the only space which another vehicle could have used. I would appreciate a reply even if you agree that I should pay the charges, I have a attached a screen grab with annotations for reference. Thanks for reading this -
Hi Guys, To cut a long story short.. I waited in a car park just outside of city centre one evening for '11 minutes' as told by ParkingEye. For a number of reasons, I decided not to leave my car there. There were a number of reasons, which included the appalling state of the car park (I'm disabled, so use crouches to walk slowly), not even sure how much the car park was as it was getting dark, etc. It was an ANPR, so they sent me through a £100 charge. I wrote back, they told me to appeal to POPLA, so i did, and now I have lost that. The main argument is that I parked/waited on the private land and did not adhere to the car park's terms and conditions. The entrance to the car park is directly off main road (where the large signs with all the terms and conditions are, and there are a lot), so there is no way it is even feasible to wait on the main road while I read them - anyway, that's besides the point. I was hoping one of you guys could validate my next steps please.. My understanding is that they can only claim for any loss, so I am probably going to send them a cheque for the minimum 1 hour parking (it's £5.20 or something) for their loss. Is there anything else I should do?
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Hi, having successfully defended my own UKPC parking charge a new one landed on my desk for my 20 year old son. He parked on a pub car park. This car park has been used for decades by the local community for shops opposite. It is now a Pesto restaurant and charges have been put in place with a maximum 20 minutes stay if you are not a customer of the restaurant provided you enter your registration number into the machine. However my son didnt realise this although there is a sign on the way telling you there are parking restrictions. He was actually waiting to pick up a friend and was there for 31 minutes - 11 minutes over the allowed time (although he hadnt put his registration number in so the whole time would probably count). They got pictures on the way in and on the way out. I sent in his appeal: "I wish to appeal the parking invoice you have sent to me. Firstly the car was not "parked" at any time during its stay and the engine was running therefore it was not interrupting any customer of Pesto from parking. THE AMOUNT DEMANDED IS NOT A 'GENUINE PRE-ESTIMATE OF LOSS' The parking charge of £100 does not represent a genuine pre-estimate of loss to yourself or the landowner and the payment of £100 is an unenforceable penalty clause. Following Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: (a) you are not the landowner and suffer no loss whatsoever as a result of a parking overstay; (b) the amount claimed is evidently disproportionate to any loss suffered by you; © the penalty bears no relation to the circumstances because it remains the same no matter whether a motorist overstays by ten seconds or ten years Further and alternatively, the provision requiring payment of £100 is unenforceable as an unfair term contrary to Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999. This is a term which falls within Schedule 1, paragraph (e) of the Regulations being a term "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation". The term was not individually negotiated and causes a significant imbalance in the parties' respective rights and obligations, because the charge is heavily disproportionate in respect of a short overstay and is imposed even where consumers are legitimately using the carpark for its designated purpose. There were only a few cars present, plenty of empty spaces, thus neither businesses nor customers at the site suffered any loss or were even inconvenienced. I believe that ParkingEYE are actually pursuing a claim for their own profit as opposed to quantifying an actual breach and loss. This is contrary to the BPA AOS Code of Practice recommendations, section 19.5, which states: "If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer." ParkingEye is NOT ENTITLED TO PURSUE CHARGES. PrivateEye has not showed that it has a contract with the landowner to grant them the right to form contracts with drivers and to pursue charges in their own name in the courts. I require ParkingEYE to produce a copy of the contract with the landowner as without it, ParkingEYEis not compliant with section 7 of the BPA AOS Code of Practice and has no legal authority at this site. I fully expect this appeal to be upheld and notice of withdrawal issued forthwith." They have now replied that the appeal is unsuccessful and basically refer to the case of ParkingEye v. Barry Beavis and Martin Wardley. I could upload their letter - 4 pages if needs be. Can anyone help with my POPLA appeal? or should we just pay it?
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Hi All, In desperate need of some help and advice! I arrived to my car this morning to be greeted by 3 PCNs. The back story is that I parked my car on Thursday evening at the back of my permit bay and did not realise that the back wheel was outside of the bay and on a single yellow line. I then left London and did not return until this morning. As far as I can see there are no notices or signage detailing the hours for the single yellow line. The times of the parking tickets are 09.58 on Friday, 08.48 on Saturday and 08.47 on Monday morning. It seems unfair that I am being charged 3 times for the same offence (if it is an offence as there are no guidelines on the single yellow line). Has anyone encountered a similar issue before - I need to appeal as I am not in the position to fork out £195 Any tips or advice would be greatly appreciated. Many thanks, Shauna -
A quick run down of my case. August 2012, started claiming ESA IR. Initial WCA appointment March 2013 (Missed due to severe illness), so our ESA was stopped, we appealed citing the reasons and providing proof and the decision to stop the benefit was overturned and our benefit continued. Then it took a good 5 months (Aug 2013) until I actually had my assessment. I was awarded 0 points, the assessor made up lies in the report and said I could do stuff that I was not even asked to do etc etc etc. So we appealed this, I must have put in the worlds biggest appeal papers, about 20 odd pages, braking every single descriptor down and how I believed I should have x amount of points. DWP re-looked at the decision and desided NOT to change the decision, so to tribunal it goes. I have been sending paper work an forms off to the tribunal ever since and actually thought I was getting quite close to my day in court with it being about 8 months since I appealed. Anyway, Yesterday (05/04/2014) I received a letter from DWP and it goes sort of as follows. Now, I know I should be happy that I have finally won, but I can't help feeling short changed here, I meet the descriptors for the support group regarding walking 50m etc etc. Now my questions I suppose... a) I am now due to be backdated £26 to week 14 of my claim which is around Dec 2012 until April 2014 (17 months @ £26pw = £1700 give or take) If I appeal the group placing will this put a hold on the backdated payment which can tke upto 6 weeks. That is my main worry as this money really could come in handy right now. b) Would appealing to the support group be cutting my nose of.... I do meet the descriptors to be in the support group! c) Does it look like DWP have re-looked at my case and thought that on balance they would lose at tribunal and have stopped it early??? Or are they trying something on to get me away from the support group which I truely belive I should be in? Any advice would be brilliant, and sorry for the long winded post. Dawn
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Hi there As mentioned in the subject line - the PCN i received yesterday gives me 14 days for the discounted period but according to law introduced in 2008 any PCN issued on private land by CCTV should have 21 days as the discount period Would this give me grounds for appeal to invalidate the ticket? Ticket was received in a Currys car park in stockport if there are differences by region Any help greatly appreciated Cheers Ross -
could someone tell me how the "tribunal bundle "papers are handled. Also, what would have happened when i sent my submission...who copies it tribunal clerk at Sutton or tribunal clerk at the local court? I sent ( in triplicate - one for each member of the tribunal) It would appear that these were copied in their entirety and included in each member of the tribunals appeal bundles in preparation for both previous Tribunal dates. That is the only way i can possibly see that could have the number of papers that they state in the decision notice . This may explain the underlying feeling of frustration at the volume of papers that i picked up on- but the panel didn't appear to notice that they had triplicate information .. and it only crossed my mind that this may have happened when i got the decision notice stating the number of pages that differed from mine . I rang straight after the adjourned hearing and requested that they therefore ensured that the papers provided to the next Tribunal only include one copy of all the relevant documents. Stating that in order for the next Tribunal to give my case due consideration I do not want the panel to be considering an appeal bundle which has triplicate papers within it. there were also two highly relevant pages pages from my original DLA application missing from the bundle that Tribunal had in front of them .. which was then photocopied at the hearing and I have requested that these be inserted into the tribunal bundle in the appropriate place . Is there anything further i should consider doing to ensure that the the next tribunal gets papers that are easy to follow and allow me to have a fair hearing? In addition , my hearing was adjourned for more evidence from the GP. when the GP has created these and sent them back I assume they will be added to the "tribunal bundle" and i will receive a copy. will these medical notes be numbered in continuation or will the whole bundle be renumbered and will i get another copy of the whole thing? I ask because I will need to keep track of the cross referencing that i have made my hearing was adjourned for more evidence from the GP. when the GP has created these and sent them back I assume they will be added to the "tribunal bundle" and i will receive a copy. will these medical notes be numbered in continuation or will the whole bundle be renumbered and will i get another copy of the whole thing? I ask because I will need to keep track of the cross referencing that i have made. many thanks -
Hi I wonder if you can help, I think this forum is amazing and I would appreciate some advice please. Can a Respondent use the Henderson and Henderson argument of abuse of process (ie: you can't get a second bite of the cherry) if the claim was referred to before but only at a preliminary hearing and not in the ET1 but as a head of loss on the Schedule of Loss and was dismissed during the case management orders? (That claim went to a full hearing and I won the right to receive occupational sick pay instead of SSP.) At that first preliminary hearing the Judge told me to "put a claim in" when he heard that holiday pay was previously underpaid and this was a continuing occurence. However, the Respondent is relying on the word "dismissed" in their argument for getting the claim thrown out, even though the claim had not been advanced as it was during a preliminary hearing. (Something in my daze prevented me from telling that to the different Judge at the new preliminary hearing for holiday pay, as their barrister certainly didn't!) Also, the old schedule of loss only referred to statutory holiday pay, but I found that I was entitled to contractual holiday pay out of time to amend the ET1 (this entitlement was in my contract which I had not seen since 2002 but they disclosed it 2 days before the hearing) so I put in my new calculations in the new claim. So it is a new claim with different particulars and a different starting date and I only knew about the contractual benefits when I saw my whole contract 2 days before the first hearing during a late disclosure from the Respondent - which outlined the benefit that they had withheld since 2002. (I only got the occupational sick pay during the first hearing since it was on the ET1 as "unpaid sick pay" but at the time of filing I had only ever received SSP for some of the time I was off sick). Also, to explain why I had not seen my contract since 2002, I didn't have the need to as I liked my job, but they cut my hours recently - calling me a casual worker, which I disputed since I had regular hours for years. I hope this makes sense! Any advice (or reassurance would be great as I am representing myself). Many thanks in advance! PS: Extra information: At the first preliminary hearing the respondent pleaded” ”The Claimant's ET1 does not disclose any claim for holiday pay, whether by way of a wages claim or under the Working Times Regulations 1998. According such a claim is not before the Tribunal for determination". In response the Judge made the following Case Management order: "The claim for holiday pay appears only in the Schedule of Loss and is also unquantified. It was not included or referred to in her ET1 and is accordingly dismissed". -
I wonder if anyone can help with a brief question please? I was due to appear in Magistrates Court next month on a benefit fraud charge. However, my appeals (both heard together in relation to a 'living together' decision and subsequent overpayment of ESA benefit) were heard almost two weeks ago by the tribunal and both have been allowed. Can anyone please tell me what happens now with the court case and/or is there anything I should be 'doing' ? I know it seems an inane question but after after nearly two years of this being ongoing I've not had the mental or emotional capacity to consider "what happens next?" if my appeals were successful. Many thanks.
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hi I failed my esa appeal on Wednesday 25 June got the letter 2/3 days after I was waiting about 10 month for the appeal .can anybody tell me what happens now do dwp get in touch to say my money as ending just don't now what is happening I have got doctors in the morning Tuesday 15 July asking for my usual sick note and going to re apply for esa as not fit for work . as I say what happens now could do with some help, thanks dell
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Hi I am about to seek legal advice with my problem, but thought I would post on here first. I was suspended on the 8th July following an anonymous letter alleging inappropriate posting on a social media site, this hinges on privacy setting's, but I can prove that they where in place. My main concern is the process... I have been accused of gross misconduct and the disciplinary hearing is at the end of this month. The paper work says I was suspended on the 5th not the 8th, I had an investigatory interview on the 24th July, and didn't receive the minuets until the 16th September, to amend and return. Two days later I received the disciplinary papers dated the 1st Aug!! The letters also refer to our meeting on the 29th not the 24th.. I know it sees like picking at straws, but as the "person on the Clapham omnibus" it does seem a bit messed up, and something as important as this needs to be right. I have worked in my role for over 10 years, and its a local authority, and would welcome others thoughts...
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Hi So I have been given a final written warning for the following two reasons: my decision to have a day off on a major sporting event, this should have been a priority in my weekly planning an email I sent out which was deemed unprofessional and suggested a lack of recognition for my financial performance. I will be appealing on the grounds that, my manager authorizes my Rota the week before it comes out so if this was an issue why was it not raised then. Also the fact that I had in fact worked 6/7 days that week and am only contracted to 5 days. 3 of those days where predetermined as I fulfill a role of duty manager alongside my current role in my workplace and there is a separate Rota for this. I was very confident and satisfied that my department was covered, I had a 2 shift leaders and a strong team for the day. On my return to work following my day off I caught up with my manager who quizzed me on my decision to have a day off and he also said that I was going to get a letter of concern...the outcome of the disciplinary was therefore predetermined - in fact I actually got final written. I also received a phone call out of work hours from my manager the day before my hearing where he proceeded to shout at me for discussing my forthcoming disciplinary with a fellow colleague - am I not allowed to confide in confidence about my worries regarding this matter? He told me again I would not be getting fired and only a letter of concern. I apologized for talking to someone about it, I'm only human after all and its natural when stressed and worried to seek solitude from friends? My email was actually sent asking for help and I received numerous replies saying well done for asking, even a senior person at head office thought it was great that I was asking, however my manager appears to have taken it personally which in no way was it directed at him. I did apologies and say it was not my intention to offend anyone I was merely being proactive and seeking help. My boss leaves next week so I want to get this cleared up before the new gm starts. Any views of this would be appreciated. Thanks
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Hi there, after a home visit medical I was awarded high mobility and NO care. I cannot understand how they have decided that I have not been awarded care component. I am thinking i should appeal, but i have several questions. the letter says that i can write or phone within 1 month of date of letter. (I have about 10 days left) and that if since receiving this letter we have sent you a written statement of reasons for our decision you have at least an extra 14 days to make your appeal. How do you get a written statement of reasons? .. In the award letter it does say having considered all the information i have decided the following ( and incorrectly lists not needing help to prepare a meal, lists day attention areas not needed. and not needing night attention more than once or for 20 mins or more a night).... is this the statement of reasons? How do you get to see what was written in the EMP report as i cannot see how the difficulties i stated ( i recorded the medical for my own memory) would result in a NO care award. when I appealed my ESA , i didnt request a review and went straight to asking for an appeal ( as the review is done automatically)... and I waited for the tribunal pack before preparing a submission is the same for DLA? I will probably have some more questions , but right now i need to know how to proceed . many thanks in advance
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Hi All, First post here, although I have browsed for advice in the past. I received a PCN on a bank holiday when car park had temporary signs up stating that parking was free due to it being a bank holiday. My appeal was brief, pointing this out & asking for it be cancelled. This was rejected as the state the vehicle was in a time restricted bay. I have replied the same day with a much more in depth appeal with a number of points (most of which I found on these forums). The question is will they review this second appeal or will they ignore it? I feel very strongly that the PCN is unfair & that my second appeal has several valid points, however I'm getting nervous that if it's rejected I'll no longer be able to pay the reduced fee. My response included the following: Requested evidence the vehicle was parked in a time restricted bay Requested evidence that signs clearly stated that such bays were not included on the free bank holiday parking. Noted that authorities are recommended to use discretion. That the PCN doesn't comply with regulations That the PCN refers to policy and appears at an out of date web address. Thanks -
Hi. I just have a question regarding ESA. My husband had spinal surgery in October and has been on ESA since the end of September. He has received a letter saying he has to attend a medical on the 13th February but thats the day he is due back to work and all being well he will go back that day. Do I ring and tell them that he is back to work that day and they should cancel the appointment for the medical? Many Thanks
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Can anyone tell me if a sticker obscuring part of a parking sign would invalidate the parking restrictions? The image of the sign is part of Manchester City Councils photographic evidence to support a PCN against me, and part of it is clearly covered by a sticker. I would post the image here but I don't have sufficient posts to do that, but there is a sticker over the time period when a driver can return - the bit that says "No Return Within 2 Hours" - although someone has covered over the "2 Hours" with a sticker. Thanks for any help...
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I was parked in a red route loading /disabled bay outside 147-159 Stokenewington High St N16 (Hackney, London) at 14.34 and received a PCN from TFL code 46: stopped where prohibited (on a red route or clearway). I didn’t realise they had changed the parking restriction timings from 10am – 4pm to 7am to 1pm. There is a traffic order with Hackney council created in April 2013 about changing the signs but upon asking local shop owners, the signs were changed in March 2014. I have parked here when taking my mum to the bank for the past 10 yrs as my mum is a disabled blue badge holder. We were in India when the signs were changed in March 2014. We returned in April 2014. So had no way of knowing that the parking restriction times had changed. And no, I didn’t check the signs before I parked. I didn't know they were going to change. Also the red route bay parking time restrictions have not been changed on the opposite side of the road. They remain as 10am-4pm. In my informal representation to TFL, which I made online via their website I simply said I was parked legally with badge displayed and within the time frame (Thinking you could park there until 4pm. Didn’t realise the parking restriction timings had changed and hence this is why i got the ticket ). And that CCTV images were taken from back so it could not see badge displayed in windscreen. TFL rejected my representation. However upon further investigation the new signage does not face the oncoming traffic but is parallel to the road. It is impossible to read the sign as you approach the red route box. see pics Google images show the earlier signs with old parking time restriction (10am – 4pm) faced the oncoming traffic. Can I appeal on the basis that the sign does not face the correct way, even though this was not my initial representation. Further new sign further down the road also faces the oncoming traffic? Any help, thoughts and suggestions would be most appreciated. Thank you in advance Saavy -
Good morning Firstly I wish to extend my thanks for providing the inspiration and the means to support the victims of unscrupulous behaviour. I would like to seek advice. I live in a borough with a known shortage of residential parking spaces. The Council acknowledge they issue more residential parking permits than spaces available. After a very late and long drive I was unable to park outside my house and so parked my vehicle at the end of my road. My vehicle was not visible from my window and I had no cause to walk past it for a few days. When I returned to my vehicle it was plastered with 3 x PCNs based on the fact that I had parked in a 'Business Permit Holders' only bay, which surprised me, because there are to my knowledge no businesses on this road. Considering there is a shortage of parking spaces I was surprised the Council would reserve spaces for businesses as it seems to perpetuate a known problem. I believed (and still do believe) I had reasonable grounds to appeal and did so. My first appeal was rejected so I appealed again providing much more evidence. My second appeal was rejected. The Council repeatedly ignored my attempts to discuss the matter further by telephone or in writing. I visited the Council offices and requested to speak to somebody, stating I would even be willing to pay the fines in spite of the fact I believed they were unfair, on the grounds that a member of the Council would speak with me so that I could ensure my concerns pertaining to confusing signage, inadequate lighting, etc. were at least acknowledged. I was refused an audience and was forced to wait for a Notice to Owner to appeal further, thus losing my right to pay the reduced fine. The Surrey Parking and Traffice Appeals Service conceded that only 1 of the 3 fines was lawful and ordered me to pay (in full) the first of the 3 PCNs. At the time I was a student and only had £200 in my bank account. The £110 full fee thus represented over 50% of my entire life savings! I have now graduated and am seeking employment. I am receiving Jobseeker's Allowance and my bank balance has not improved! I would like to understand if there are any procedures I can follow to recover £55 from the Council. This is based on the fact that had they only issued me with 1 x PCN, I would have paid the reduced rate. I refused to pay on the grounds I was certain the Surrey Parking and Traffice Appeals Service would cancel all 3 x PCNs because £330 (or even £165 at the reduce rate) was a ridiculous amount to charge somebody with only £200 in their bank account. Additionally I believe I still have more than legitimate grounds for the original appeal. There are a number of issues that were not acknowledged by the Council, including: - The 'Business Permit Holders Only' sign is unlit. I was unable to see it in the dark. It is also taller than the residential signs and thus harder to read in low light conditions. - The 'Business Permit Holders Only' sign refers to an 'outside area' but it is not clear what this area is. - The sign is not adequately differentiated from others in the road. I believe it is there as a 'trap' to make money from people, particularly seeing as there are no businesses down a road with a shortage of residential parking spaces. - The road markings are unclear. - Although I was parked within 10 metres of the 'Business Permit Holders Only' sign (the reason I believe Surrey Parking and Traffice Appeals Service did not cancel the original PCN), I was parked within 5 metres of a 'Residents Parking' sign. Do I have any rights to further pursue this issue? Many thanks for your time. -
Hi I have a CCJ registered against my ltd company, and I want to appeal the 'set aside' decision which went against us, and still can if I act quickly. If I did pay the the amount disputed would the CCJ be removed as it still open to appeal or would the CCJ remain. I hope that it makes sense and I am grateful for all info and advice. JP
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Hi All Not sure if this is the right place. My son was assaulted last May in an unprovoked attack which resulted in him losing one of his front teeth and having to have root canal treatment to the other. The lad responsible was caught and subsequently convicted of assault. My son was advised by the police to apply to CICA for compensation as not only did he have significant damage to his teeth resulting in almost 12 months of dental treatment, but it also meant him having to have time off college at a crucial time in his course. Although the treatment is now complete, he can't now eat hard foods like apples as it is uncomfortable. He also ended up splitting with his girlfriend as he was struggling to come to terms with what happened and hated the way he looked. He has just received his award which is the minimum of £1000. Is it worth us appealing against the decision? £1000 seems a small amount to get for the pain and suffering he has been caused over the past 12 months and the fact that he will have problems with his teeth from now on. Or should we just accept the award and be grateful that he got something? Does anyone know how successful appeals are and whether it's worth it? Thanks for reading.
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Hi There, I was wondering what further action I can take against what I regard as an unfair parking charge issued by parkingeye, or if I should just pay up. In summary, I was parked at an Aldi car park for 2hours 14 minutes when it was 2 hours free parking. I had returned well before the 2 hour time limit but was unable to get into my car as some idiot had parked that close I couldnt get into the drivers side. So I went into Aldi and told them what was going on, which they basically said there was nothing they could do as it was a car park for local shoppers and would have to wait for them to return. A few days later I got a ANPR parking ticket, so I appealed to ParkingEye rejected the appeal and so it went off to POPLA who also rejected the appeal with the following reason "Considering carefully, all the evidence before me, I find that there is clear signage displayed at the site to inform motorists of the 2 hour maximum stay. Therefore, I find that by parking at the site for longer than the maximum stay the appellant breached the terms and conditions of using the site. I also find that if the appellant was unable to leave the site within the 2 hours prescribed, they should have contacted the operator as their contact number is provided on the signage displayed at the site. I find that the appellant’s case is that of mitigation which does not form a valid ground to allow this appeal." The rejection reason seems to ignore the fact I told the landowners and presume I had a mobile phone with me. Should I just bite the bullet and payup even though I still regard the ticket as unfair? I'm wary of extra costs etc should it end up going to court if I lose. Paul -
Hello all, I need some advise please. Last year i had ATOS assessment, in January this year i was called by decision maker to be told i had scored zero points and i will be removed from ESA. My partner then became main claimant as she has arthritis and thus is unable to work and supplied sick note as required, to date she has not had an ATOS assessment, is still on assessment rate and was due to put in another sick note. I had a First Tier Tribunal hearing late last month and the judge placed me into the Support Group of ESA. I never heard anything from ESA but my partner is being chased for a sick note which is now overdue since the First Tier Tribunal hearing took place before the original sick note expired and i obviously thought she would not be expected to send a replacement one. I called ESA today and they stated as my partner is the main claimant with me added onto the claim they cannot acknowledge/action the First Tier Tribunal decision at this time. I thought they would automatically place me back as the main claimant but can see their point. Forms have been sent out for me and my partner to fill in so we can switch me back to being main claimant again. My partner also has to supply a sick note in order for us to get paid in the meantime. Have we been advised correctly under the circumstances? I thought perhaps they'd automatically make me main claimant again seeing as i have been the main claimant each time we have had to claim benefits. Because there was a period of about 3 months or so where my partner was main claimant are they still required to backdate our claim and pay us as if i was in Support Group for that duration? I think they do as i was wrongly forced off ESA and my partner became main claimant since she is unfit for work so i was unable remain main claimant to claim JSA while i applied for Mandatory Reconsideration. We also lost 3 days money when my partner became main claimant for ESA. Will that also be reimbursed to us since that was also an unnecessary loss to us? Any help/advice would be appreciated. Thankyou
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My wife is in her second year of claiming ESA. For the first year she was placed in the Support Group. In October last year she had her second medical assessment and, despite the fact that her scores from the medical descriptors have increased and they have agreed that her medical condition is getting worse, they have now moved her to the WRAG. We have appealed this decision and now have a hearing date in April. We have a letter from her consultant outlining her condition and stating that at this time she is not capable of full time employment due to the severe discomfort her condition causes. Also, as her husband I believe I can give evidence at the hearing stating what I have to do for her etc - is this correct? If so, what is the best way to present this evidence and what should I include? Would a written statement be the best way to go? Also, what other evidence should we consider? Many thanks for reading this any help you are to give. Best wishes BJ
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I lost my rail card last Thursday, traveled yesterday using a ticket I had booked in advance in March, with a young persons rail card discount. Naively didn't realise that I would be committing an offence travelling since I do genuinely have a rail card and was in possession of a physical copy it when I purchased the tickets. Silly me, wont be something I will be doing again I am appealing it, as I thought I may as well have a go. A £52 penalty fare over £1.70 just seems ridiculous - who would deliberately try and defraud the system out of £1.70?! Would anyone mind giving me some feedback on my appeal letter, I have never written anything like this before. Please and thank you! Dear Sir/Madam Reference: SR ###### I am writing in reference to the penalty fare I received on the 15/04/2014, at London Victoria train station for the sum of £51.60. Having travelled on the 15:49 service from Brighton to London Victoria. I was issued with the aforementioned penalty fare upon completion of my journey from Brighton to London Victoria by a ticket inspector whilst passing through the barriers. Although I did have a ticket for the journey mentioned, I was unable to produce my Young Persons railcard which had allowed me to get a 1/3 discount off of the ticket which I had booked in advance; paying £3.30 instead of the full fare of £5. I was unable to produce my railcard as on 10/04/2014 I lost my purse – all my personal cards, rail card included. This was then reported to the police on 11/04/2014; reference number ########. This coincided with a very stressful time for me, the end of my University term, meaning that I had to balance the demands of University hand deadlines with the replacement of all my banking/identity/university cards which were lost in my purse. Unfortunately, I overlooked the fact that the train ticket which had been booked in advance on 23/03/2014 had to be used alongside a physical copy of my railcard. As this was my first experience of losing my railcard I, perhaps naively, did not realise that it would be an offence to travel without my rail card on my persons as I had purchased the rail card in January this year and had been in possession of it in March when I purchased the advanced ticket. As a University student I have regular financial struggles and already face a high bill having lost my purse, having to replace my driving license, identity cards and University cards. Currently, my penalty fare has been paid at the station by my boyfriend, Mr ##### #####, as I was unable to do so. I now realise that I made a mistake in going ahead and using the ticket booked in advance, but at the time I was unaware. I fully understand that there is a need for the penalty fare system to punish and deter those who defraud the system; but this is not me. I have already ordered a replacement rail card ready to book my return journey back to Brighton when university commences again in May. I have included as evidence copies of: the penalty fare notice; receipt for the payment of the penalty; police reference number card; screen shot of my rail card account; screen shot showing I have reported my rail card lost and ordered another; and finally, the receipt for the tickets I purchased on the 23/03 along with my boyfriend’s ticket, as my ticket was retained by the ticket inspector. I ask that you take the information into consideration and reconsider the penalty fare. Yours sincerely,
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