Hi, Firstly any help greatly appreciated! Bit of a long story so ill try keep it simple. I received a Requisition Order from the DVLA informing they may be taking me to court, had a form to fill in stating how i would plead. I picked not guilty and sent them a letter back stating i had sent the logbook off once i had sold it and my responsibility ends as soon as I relinquished control of delivery to royal mail. Section 07 of the Interpretations Act 1978 (taken from posts seen on here) I heard nothing at all until 14/11/2013 when i got a notice of fine and collection order, the dvla had taken me to court and i had no idea! obviously i have been found guilty as i was not there! I sent an appeal letter to the court and told them i was not aware there was a court date/ajournment notice. This was rejected. i have today received a letter from Marston which informs me they will be making a visit to my home in 7 days time. Ideally i would just like the case reopened so i have a chance to defend my self, after a lot of searching I'm guessing my appeal to the court got rejected because all i did was send them a letter saying i had no idea. What i should of done was get a Statutory Notice done in front of a solicitor. Is there any chance i could get the case reopened? I'm guessing no as it has been so long What can Marston actually do?? This is a rented house so they can't actually break in? as the house is to owned by me? If worse comes to worse could i just contact the magistrates court and pay the original fine? I'm just so unsure of the best action to take, if needed i can attach all letters sent and received

Hello all I am planning to appeal a PCN that was issued in Lombard Street in the City after my vehicle was spotted on camera stopping on a double yellow line with kerb flashes. I have sent a letter detailing mitigating cicumstances, i.e that I had stopped there to get my bearings having turned in to this street to get out of the main flow of traffic to avoid causing a hazard to other road users. I pointed out that there were other vehicles parked in the road at the time I stopped (which are visible on the footage I have seen of the alleged contravention). The presence of these parked vehicles led me to believe that a restriction was not in force at the time I stopped, and crucially, as there were no signs visible giving specific information regarding the parking restriction (eg. times that it was in force) I had no information on which to base my judgement on whether it was legal to park or not. These representations have been rejected. I have looked on Google Maps street view, and it is possible to see such signs, but they have been fixed to walls and other objects at apparently quite long distances apart. I know that there are strict rules regarding the placing of these signs and I think that these are not compliant. I am going to use this as the main plank of my appeal, so I would be grateful if anyone could suggest a way of wording the appeal to reflect this information, along with the mitigating circumstances that I described. I will be grateful for any advice H

So a family friend got 0 Points on an Atos medical. Despite having had a heart attack, arthritis in practically every joint, depression and just recently developed sciatica and taking so many tablets she could set up a chemist in her kitchen, they declared her fit for work. I mean they told her over the phone to sign on at the same time as she was crippled and in bed for 4 weeks unable to move. Her only choice is Sign on jsa if she wants to, i dont know, eat at all while waiting for the Appeal. Is there anything she can do? I mean its obvious to everyone if you sign on while waiting for an appeal, naturally you are going to fail said appeal as it means you agree with the decision. Is this government really mandated to destroy what little the unemployed and ill have? Whats especially worse is how a 5 minute appointment, asking irrelevant questions, has more bearing over decades of experience with your family GP.

Two weeks back I received the standard letter that my CB based ESA will be finishing in June. Now I still have my Appeal pending after is was postponed in December as they wanted more info. Whilst I realise that the letter is pretty standard, if my Appeal is still pending when June arrives can they legally take me off of CB based ESA? Another curiosity, Pension credit told me I couldnt go onto IB ESA when my CB finished and I would need to go onto full Pension credit, there was no option !

http://www.theguardian.com/politics/2014/feb/20/people-stripped-benefits-charged-decision I remember writing a post the other day on one of the threads, and considered writing that the government could be even more obstructive and start charging for appeals - then I decided no, they wouldn't be stupid enough to even consider it, and I was wrong......

Hello, On the 25th November at 19.05 (after dark) we parked in a little car-park opposite Wickes in Hove which is on the Davigdor Retail Park. The small car-park had had a large re-cycling bin unit in it, plus other re-cycling bins. The car-park was marked off from the road by a series of yellow hoops. There were no signs to say we couldn't park there. There are other car-parks nearby which do have little yellow signs. see picture 01. Using Google I was also able to show that there are no signs at all on the entrance side of the car park we were in see 02 When we got back, we noticed that there was a small yellow sign behind the re-cycling unit, in a shady place under a tree so it was not lit up by the street lights, which said that we were not allowed to park there for more than 2 hours. I can't remember what the notice said exactly .. ie was it a penalty charge or a parking charge which they were threatening us with if we stayed longer. I'm going to ask my son to pop round and photograph the sign for me, and to check for any other signs. Photos 04 and 05 show the siting of the notice behind the large recycle and under a tree. I have received a PCN from ParkingEye. To start with it is not addressed properly as it does not have my name correctly, having used part of one of my middle names as a surname. It says it is a parking charge notice for Davigdor Road Retail Park It says the signage is clearly displayed at the entrance to and throughout the car-park, but, as you can see from the photos, this just isn't so for the car park I was in. The car was driven by my husband and I who are both insured to drive it. I am its keeper. Does the Protection of Freedoms Act schedule 4 affect my case? I don't know who owns the land. The point I took image 01 from Google is public road.

Hi what can you claim if you lose your esa tribunal appeal . We went today for tribunal for esa what a waste of time my husband had is medical in october but since then is hernis as popped back out from 2 years ago and they won.t take that into consideration at the appeal they also didn't think that having more than 5 blackouts a year is anything to be worried about and we just went blank when we went in he also as a really bad varicose vein and bad back he.s on medication for all of them . They said we have to discuss this and send you the decision which normally means you haven.t won. What can we claim now he.s my carer as i have hyporthyroid and b12 difency with pins and needles through hands and feet constantly loss of memory and a load of other things i.ve a pip claim going through now . Is doctor says he can.t work he can.t even carry our baby son without being in pain. Should i claim esa instead of him can he even reclaim esa for is hernia now as different from before. We just don.t know what we can claim at all.thanks

Five disabled social housing tenants have lost their Court of Appeal bid to have benefit cuts for those with spare bedrooms ruled unlawful. Judges said the court could not intervene in the government's "controversial" housing benefit changes - dubbed a "bedroom tax" by critics. Lawyers for the group had argued the regulations applying in England, Wales and Scotland failed to reflect the accommodation needs of disabled people. They said they planned to fight on. The court also ruled against two lone parents who claimed the government's cap on the total benefits paid to families violated human rights laws and common law because of its impact on vulnerable families. More ...

Hi I recently got issued with a PCN by a particularly aggressive CEO who, although he saw me standing next to my van and could have easily asked me to move it, went straight for the jugular and issued me with a PCN on the spot. I have been looking at this and I think it is all correct (contravention code, road markings etc) but I am posting up images just in case. I'm sure there are more knowledgeable folk on this forum who can enlighten me and I would be very grateful for your input. Images of the PCN and the road signage/markings (courtesy of Google Maps) below: One other potential line of appeal is that I was attempting to deliver large and bulky items (sheets of plasterboard). I have read that "many local authorities issue dispensations which temporarily override waiting and in certain instances loading bans too. These could be issued to permit heavy loading and unloading that can’t be practically done elsewhere". Could anyone explain how this works? Is it necessary to obtain such a dispensation before attempting a delivery? Thanks in advance for any help/advice you can offer. All the best H

Afternoon all! I received a Parking Eye 'charge' for an overstay at a motorway service station. I sadly, using the outdated advice and not this website, chose to ignore the 3 letters until I received my first letter from Debt Recovery Plus! After receiving my DRP letter I then chose to write to PE with an appeal of my £150 parking charge, outlining a case for safety as I was asleep (on a longish journey and had been working through the night). I also included proof of my working duties by enclosing my roster/logbook. I also included the legal case in my appeal asking for the loss flowing from my breach and that to see the signs I needed to be out of the car, which I never was, no contract with PE etc etc... My question is, as the 14 days have now come and gone for PE to even acknowledge my appeal as per the BPA Code of Practice, and i've heard nothing, does the 28 day appeal window now mean i'm wasting my time writing again to PE acknowledging their breach of their CoP and appealing again or do I now just wait for the court papers and/or look big and pay up? According to the Welcome Break Group Plc website and their own website, "they welcome appeals" and 28 days isn't mentioned - obviously is was on the back of my charge! Thanks for your time, Cheers Biggles!

I would be grateful for some guidance and advice My father in law has been in receipt of LTIB for decades. Last year when he migrated to ESA, he was put in WRA group contribution based, which will only run for 12 months. He appealed for Support group. He has an appeal tribunal on 10 February, which I will be accompanying him to. Am I right in thinking that any representations do not need to cover limited capability as DWP has already agreed this? And therefore we just need to focus on demonstrating that one of the Support group descriptors apply? Is there a list of the descriptors? How much detail is required to prove one? Would it help to get GP reports?

and their solicitor too! The OFT found evidence of misleading and unfair practices in the businesses' operations, including: *sending debt collection letters which misrepresented debtors' legal position *misleading and otherwise inappropriate behaviour by HFO and Roxburghe agents during phone calls to debtors *failing to properly investigate disputed debts *failure to respond appropriately to the concerns of regulators, including the OFT. More info on the OFT decision and the DCA's appeal date can be found here on the OFT website

Hi, I went to the court with my landlord who served me a section 21 notice and my defence was that this last did not protected the my deposit nor returned it but surprisingly the judge has given the order for possession to my landlord. As a result, I am making an appeal and for this purpose I am filing the form N161. However, I would like to know in my case, regarding the field "Nature of the decision you wish to appeal" which of the following I have to choose (the judge refused my first appeal at the hearing and gave me a copy of a document called "Reasons for allowing or refusing permission to appeal") : - Case management decision - Final decision - Grant or refusal of interim relief - A previous appeal decision Thanks in advance for your help,

Obviously i'm quite stressed at the moment and would really appreciate some advice if anyone has experience with ESA Tribunals, specifically for social anxiety an depression. I'm going to ask my GP if she can fill out an edited version of the Black Triangle Template (regulations 29 and 35, exceptional circumstances). I'm also going to ask my CBT therapist for a summary of the probelms which my social anxiety causes and an explanation of how my symptoms formed. I just put in an e-mail request for my medical records via FOA and i will also write a submission to accompany my evidence (explanation of my condition and an asertion that the ESA 50 is highly flawed when assessing mental health, hence the exceptional circumstances claim, plus concerns with the ATOS medical assessment which was very brief, questions were misleading, assessor attempted to feed me answers which would harm my case, written report twists my words to the point of falsity, thus i may actually be entitled to 15 points in any case). On this front is there anything else i can do and are the steps i'm taking worthwhile (it really isn't ? With regards to the actual assessment does anybody have an insight or any helpful links concerning the type of questions i might face with regards to an appeal based on social anxiey and depression? My symptoms became much more acute when my self esteem took a massive hit due to developing Crohn's disease and now the two tend to fuel eachother to some extent. My dad will be taking me to the assessment and wants to sit in for support but the thought of this is making me ill. Situations in which my control is diminished cause extensive worry; plus i feel that his presence would affect my ability to concentrate and also lead me to downplay my symptoms. I am however worried that appearing by myself will hurt my case as the ESA guidelines don't take into account people like myself who often do things independently to avoid having to talk to any other person (both during and before/after any event). Would it be allowed for him to be present for a portion of the tribunal (beginning i'm guessing would be best)? If not what would e my best course of action? Finally is there anything else i should know or any other advice that might be useful? Thankyou for any help.

Hi, I have just found out that my ESA (WRAG) was stopped because I put in an appeal about being put into the wrong work group. I was then told that I could not appeal as time limit had ran out. NOwhere in any of my paperwork did it say I could appeal if decision was wrong. So I sent in a letter with a letter from consultant at the hospital as I feel that I am in the wrong group and being hounded by the job centre to keep going there to see my adviser. She then keeps telling me I can do training courses for Plumbing, electrics etc., Now this is considering I have COPD Arthritis in both hips and carpel tunnel syndrome and suffer from depression and raynauds.All confirmed by the hospital. They have now said that it will start and be in my account on the 28th Jan. Can they stop it even if I cant appeal. The last appt at the job centre I could not attend and cancelled as I was ill and said I could provide proof of this. I was also told that I could send in a letter and say that I did not appeal in the time limit as I was not informed. Will they stop my money again while this is going on? How many interviews do you have to attend at the job centre with an advisor I have had 10 now and missed the 11th. Also been told that my review is due around october is it worth holding out till then and then put every bit of evidence with it or send in letter. Thanks for your help

I recently had a PCN letter from ANPR Ltd. asking me to cough up £100. I had a read around the internet and the advice I found was to appeal to them and ask for a POPLA appeal code if they rejected the appeal. They have now rejected the appeal and have asked me to re-consider proceeding with my appeal to POPLA. The letter ends by saying that if I still feel that I have a valid case to appeal (which I do), then to write to them again and they will provide me with full details for the Independent Appeals Service (POPLA). Is my recommended course of action now to write to them again and request the POPLA appeal code as they suggest? The reason I ask is that I'm sure I read somewhere about the POPLA appeal code being cleverly hidden somewhere in this initial appeal rejection letter (the implication being that sending ANPR another letter will give them time to stall until the appeal code becomes invalid). However, I have read the letter several times and the only number it contains appears to be the original ticket code that was on their original PCN letter, so I'm struggling to see how an appeal code could be concealed within it.

Story: I parked my car at Solihull Train Station Car Park on 15-Dec-2013 and paid coins machine for one day windscreen ticket whilst on a day trip to London. Thought I may need two days but did not understand how to pay for two days as no option on the coins machine. I read a large notice which gave options to pay online should I wish to pay for advanced day parking / extend for the 2nd day so this gave me the confidence to use the RingGo service for the first time if I needed to. When in London I decided to stay the night on the assumption that I could confidently pay RingGo for 16th December parking. So on Sunday night (15th Dec) I created RingGo mobile aco**** at 10:50pm and tried to pay for Monday 16th Dec with my SmartPhone but service kept failing. It kept stating in red print 'This car park is currently free. Please refer to the nearby signage for the next charging period' I then called the RingGo number before midnight and numerous times on Monday morning but the automated phone system does not have an operator option at all and I did not know the Solihull Station ID number. All attempts to pay via phone also failed without the station ID. Finally my mobile battery died. I contacted my family via payphone Monday morning to login to my new website account and pay for a ticket to cover the 16th but they could only do so @ 12:29pm. On returning to my car late night on Monday 16th I found a penalty notice issued at 09:12am Monday 16th December. I genuinely tried many times to pay but the service just did not work. I appealed the PCN to MET Parking services in London explained above with evidence from RingGo and phone statement showing I created an account and attempted paying but they rejected my appeal. They acknowledged everything but stated it is the drivers responsibility to Pay for parking before leaving the car unattended. RingGo's website clearly states Solihull Station car park accepts advanced bookings or extension to existing days. I've received my POPLA code from MET so can appeal to them and risk fine increasing to £100 or pay now £60 to finish this pain. I realise I should have checked this forum before my first appeal as there is great advice from the users/community. I know that POPLA seem to be accepting around 60% of appeals to them in favour of the driver. Do i stand a chance using genuine pre-estimate of loss as the charge is actually a penalty since I tried using their payment service which is poor and phone system had no option to speak with any operator so left me in the lurch. My car had a winscreen ticket for first day so surely no common sence for them to say I left without paying on 2nd day. Sincere thanks to anyone who takes the time to reply and advise me on my path.

Hi there first time poster here (Long time observer of the forums) I was wondering if anyone has any experience of being involved in a work place appeal (After being dismissed for gross misconduct) The background of this situation is that I was suspended from my job due to allegations that I had used some information from within the office to obtain financial gain. Even though everything we do is tracked on our computers through browser history, our use of tools and also through CCTV the only proof/evidence the company wishes to rely on is notes made during my investigation hearing The issue with this investigation meeting is that is about 8 lines long and does not mention the majority of what I said within my hearing nor the accurate context in which the discussions took place (At one point I was describing a theoretical situation and they have noted it down as what happened in the misconduct situation). In addition while there is no particular company policy on this my investigation meeting was only held between myself and the joint head of department which seemed strange as any innacuracies or disputes of what was said / ascertained could have been resolved through a note taker of some sort Ultimately I attended my disciplinary meeting to which I built a statement which noted the background to what had happened in the aforementioned situation, noted to those present that the investigation meeting was most inadequate and listened to and answered questions from the chairman of the meeting (The other joint head of department). What was a shock was not as much that the decision they came to was dismissal (I expected this even though I made a case to prove my innocence) the shock was that I was told that because I hadnt provided some statements to show this activity was regular they would have no choice but to dismiss me. At no point during this investigation / hearing was I asked for these statements (Which I am now in receipt of and can supply to an appeal) Ultimately I feel that going into this hearing a decision was already made regarding my fate regardless of my statement at the hearing. My hearing was on Friday and I am now awaiting confirmation of my dismissal and for the company to acknowledge my appeal Thanks in advance for any advice you guys have on here or any experiences you may have had in this field

i dont even know where to start with this one, but basically when i was pregnant i was told at 29 weeks to change from jsa to income support. all throughout my previous claims (ESA/JSA) i stated my partner worked 24 hours a week. when i signed up for income support the woman didnt even ask about my partner. they paid me income support but wayyyy too much so i called them at the first chance to explain that i think there had been an error, i asked the guy how i would go about paying back and he said because it was their mistake i wouldnt have to pay back. Cue debt collection letter 4 weeks later demanding all of the benefit be paid back. i sent a letter explaining the situation, that i was told i didnt have to pay it back, i got a phone call mid-june to explain my complaint was being dealt with. i rang up a few times for updates but was told it was still being looked into. another debt collection letter came about 4 months from the original claim saying i had to pay it back.they didnt even have the decency to send me a letter or call me to explain the decision.i have chosen to send this to an appeal cos i was told to go on that by numerous people from jobcentre when my jsa ended. and to be told not to pay it back cos it was their mistake. someone at the beginning of december 2013 rang me to explain that the original advisor didnt fill my form in properly and they take ownership for that but because i signed the form they sent me stating my partner didnt work then it was my fault. (i dont remember signing it tbh) i still explained i wanted it sending to a tribunal. i received all the information this morning and they have made me out to be a liar. the customer statement i sign has been 'lost' apparently, and it says i attended a work focussed interview at batley jobcentre,i was never even reigstered at batley jobcentre, my local one at the time was dewsbury. the only time i went into desbury j/c was to hand my matb1 from in to say i was on maternity.it just seems the letter theyve sent to me, which is also going to the tribunal is full of a load of cr#p to be fair,how can i possibly win this when theyve made stuff up?i hope this makes sense, just ask if anything isnt clear but does anyone know what happens now its gone to tribunal?can i appeal what theyve said cos theyve lied about loads of stuff.

Unfair,dismissal,need,help,appeale been dismissed from work and need help with what to do for an appeal. The reason for dismissal is my capability to fulfil contract in a safe environment due to I'll health .by safe environment they mean my condition being controlled ( unfortunately no medication to help with my condition) To give some background I was I have been diagnosed with an condition with causes me to have a seizure at least once a day. Non epileptic attack disorder. With reasonable adjustment I went back to work and worked with my condition for 8 months. I have worked there in total 3 years. I had a seizure on my way to work one day and was told I wasn't allowed to return to work due health and safety as they felt it was too much of a risk for me and people around they told me I would have to go on the sick. I refused though as I wasn't sick it was just my condition which I believe I should be able to work with. I have proved I can work with my condition to high standards but I'm just not allowed in building to do so. No adjustment I came up with was classed as reasonable. I feel this is very unfair. I don't believe they can take disciplinary action for the reasons they presented and even worse be dismissed for them. I really don't know where to start with my appeal there is so many things I would like to say but know I should keep to specifics and keep it structured . HELP I need your guidance. Thanks

i have joint hypermobility syndrome that ha been getting worse over past few months, after losing my job my doctor placed me on sick as pain has worsened with me been unable to lift arms or sometimes walk without help. i went for assesment and was awarded 0 points as i was able to walk into room had got a bus and carried a bag. i have no1 around to take me to appts or help on a day to day basis because i was worried bout travelling such a distance it was planned with GP to start taking tramadol at 5,30am on morning of appt half hourly until 8.30am ovedosing myself by taking 500mg i have still not had call with regarsds to putting in for appeal despite having rang 3 times to clarify number i was told yesterday that the number they had wasnt recognised . pointing out that i had rang several times with correct number and have asked for the fonecalls to be found as they record them. i have recieved no money or ctb or hb in nearly 2 weeks and believe its down to them .. obviously 2weeks before xmas this is a nightmare wouldnt care i was on contribution based ESA as i have worked for years

My daughter has type 1 Diabetes. She received DLA with the lower mobility allowance up to the beginning of this year. We then had to re-apply in about March and in about June we were informed that she was no longer eligible to receive the allowance. Nothing has changed in her outlook, though. So far as I can remember, there was no mention on the letter of the ability to appeal the decision. When she had her latest hospital appointment, last week (she has to have them every three months), I mentioned the situation to her doctor and he said we should appeal. I am concerned that because it is almost 6 months since we received the letter removing her entitlement, that we would not be allowed to appeal. Do we have to reapply because of the lapsed time or can we still appeal and ask them to reconsider the decision? Mark

Hi, my ESA went down to the low rate on June 1st having been told I am fit to work. I appealed and lost my appeal on 16th November. So I was told to sign onto JSA which I did straight away but clearly even the Job Centre guy can clearly see I am not fit to work so have been confused as to what to do as there is no way I should have lost that appeal. My doctor also agrees I am not fit to work and can give me sick notes whenever I need them. I read elsewhere something about how I can sign back on to ESA with sick notes as long as it is within 6 months of a decision. Would this be six months since my benefit dropped to the low rate? And does that mean I can claim back all the money they have not been paying me? I really need to understand this can someone please help.

http://www.bbc.co.uk/news/uk-25213633

hi, can anybody help me with an appeals letter for the dwp regarding a £2700 overpayment? I have a solicitor who says i need to appeal but i am unsure how to proceed? many thanks