So the motion was passed and it comes into force this April. Lord Fraud made some interesting comments during his submission. Yep it's all the claimants fault for withholding evidence at the onset of their claim and then flourishing it like a rabbit from a top hat at the tribunal, utter cobblers. How quickly? JC+ are happily going to accept claims from people that have been found not-fit-for-work by their GP are they? The claimant could claim UC. Really? How does one go about claiming a benefit that has not even been implemented yet? Alternative sources of funds are available, where Lord Fraud? What kind of funds Lord Fraud? Lord Fraud did not feel the need to enlighten the house on this one. The government have hesitated, hedged, and mumbled about this change for months 'we remain undecided' was the stock reply, they bloody well knew what the intention was going to be, and that was to scupper the appeals process. Full transcript of the motion to approve here: http://www.publications.parliament.uk/pa/ld201213/ldhansrd/text/130213-0003.htm

I need help with my esa appeal. I filled in my esa 50 in nov 2011 in Dec 2011 i was informed that I had been put in the wrag I was horrified so immediatley phoned the dwp to question this.I explained I was happy to attend a medical and explained that I would not be able to work at all. The person at the other end of the phone said that it would make no difference to me in fact I should be grateful that I had not been put into job seekers allowance group! So I accepted this very naively as it turned out. I went along to my job centre interview pushed by my husband using oxygen the person who interviewed me said I should have appealed as it was obvious I could not work. After this the support group rang and accepted that I could not attend any meetings. So I carried on as before until I received a letter to say that my contribution based benefit had stopped as I had received it for a year > I immediately lodged an appeal .The dwp turned it down and I am going to tribunal. It was turned down because it is out of time. I had no idea there was such a thing as a support group it was early days of this benefit and I took the woman's advice from my first telephone call. Subsequently I have received a copy of my medical report that was created by a nurse in response to my esa50 this report states I will not be able to work long term. However crucially this report does not mention my COPD in fact it says I have no respritory problems I was on Oxygen 16 hours a day and could barely walk 20 yards. It also claimed I was continent this is simply not true I have ulcerative colitis which frequently causes an evacuation of my bowels at least five times a week it can be 12 times a day all this was on my esa 50 so I could really do with some advice, I have rheumatoid arthritis :high blood pressure :under active thyroid: COPD: Sleep apneoa: chronic asthma :ulcerative colitis and minor depression with all that ist is hard enough getting through the day

Trying to help a friend challenge a PCN for performing a prohibited turn issued by one of the London Boroughs. He has lodged an appeal with PATAS and has asked for a personal hearing. My question is - is the Authority required to serve him with its bundle prior to the hearing

Hello there, I would be grateful to receive some assistance as I am at my wits end. I made an application to the Court for an appeal to be heard by a Circuit Judge. This application was based on my application to suspend a warrant of eviction being dismissed by the County Court Judge in November. My appeal application is still being processed at Central London County Court. However the mortgage provider has gone and secured a new date for eviction prior to the appeal being heard? Is this normal and can I contest this? I eagerly await a response. Thank you in anticipation. Regards

hi i am new to this asking for help thing but please help if you can. i lost my appeal a month ago for ESA which i claimed because of my mental health. i have tried killing myself on a few separate occasions over the last few year. i finally started getting help from my GP and the emergency action team after i was arrested under the mental health act about a year ago after i was found overdosed under a bridge in the woods. this wasn't a cry for help i really just had enough and wanted to just die. since then i claimed ESA but i lost my tribunal a month ago and have started claiming JSA but my depression has got worse over the last few month. the medications the doctor has put me on dose not work no more and i am feeling suicidal again. i wake up crying and really find it hard to go out in this state. hell even talking to strangers on here is hard for me. my depression was started when my family fell apart for reasons i don't want to discuss here and i was evicted from my house and made homeless. i currently stay with my brother his partner and and 6 kids and my cousin the only members of my family i have contact with so the 3 bed house i live in is well over crowded with 9 people living in it. i have all this going on and i cant get a council house or flat because of criminal convictions rent and water i owed from my previous address and cant afford a bond on a private house. i have good days but there out numbered by the bad lately. my problem is i don't feel that i will be able to keep to my job seeker agreement. some days i wake up so depressed and in tears because of my situation i struggle just to see through the tears and find a reason to keep living like this. i mean how can i go sign on when i cant even see through the tears? i no this probable sound daft but if you have ever been ready to kill your self you would understand what i am saying. so how long do i have to wait before i can claim ESA again or is there some other benefit i can claim as i really don't think i can keep claiming JSA without slipping up sooner or later. my doctor will provide a sick note no problem as he as seen the mess i get in un able to sleep for days and just sick of life. i need help and hope someone on here can help me because i don't know how much longer i can go on like this anymore.

As reported on Pepipoo:

Hi All I'm very new to this and forums so here goes. My partner called RBS up to get details of PPI account numbers she had on a chain of loans. She was given the information and the staff member took her through the process over the phone for claimback. About 1 week later we received letter with 5 offers for each part of the loan chain. We looked at the offer and the way it was presented looked reasonable. They stated on each offer that "the bank is prepared to refund the insurance premiums and interest that you have paid" However, while chasing details for a mortgage with a different department the staff member said if we would like he would send us copies of all the ppi we have with RBS. We received this today and the accounts (which I mention above and have accepted the offers and been paid) have much higher premiums paid that stated in the acceptance letter. My question - at long last - is We have accepted the offers and been paid - do we have any grounds to now appeal this on the grounds that a) they didn't give us the entire facts b) they stated in the letter that they were going to refund the premiums plus interest. Any guidance would be kindly received Mith

Hi to anyone who reads this, i just want to know a few things about my current employment. I currently work for a big loft insulation company, they are proposing to make 8/27 technicians redundant and i unfortunately appear to be one of the 8. The government have cut back funding and it means my company need to adjust as there is too many technicians to work available. the way they have chosen the 8 ppl is from score cards from june last year up until december. attendance/quality/complaints etc.. I feel as though some of the lads that have been kept on shouldnt have been and i should be in there position. one guy is currently banned from driving for punching a drivers wing mirror in road rage etc. where as i have 100% attendance ,3 years service and 4 small complaints which they have not told me or i know of !!... my question is... do i appeal? ,,, i thought that to be made redundant either the job title has to be gone, or the the company has gone?,,, my job was on the commercial and domestic side... although they are still insulating jobs on new build, and the lads they are keeping on have applied for there CSCS cards as the work is currently there.... also i thought that anyone with at least 2 years service is entitled to be trained on something different? most of the lads i work with are shocked that i have fell into this 8 crop of lads and i really do feel as though my high work ethic and reliability doesnt deserve this over some other people. what shall i do? thank you to anyone who reads this, i have until tomorrow to appeal, they have given me a list of jobs within the company i can apply for although i have no experience and feel as though this is just there way of making out there offering me a job

Hi all In short, my Fibromyalgia wife got her 15 point at tribunal after failed WCA and put in WRAG group. We did request support group and had good reasons for this on Reg 35(b).The first tribunal's decision was that: "We cannot see, however, how being asked to attend the occasional job focused interview could constitute a serious risk to the appellant's physical or mental health" I replied to the first tier Tribunal to ask for a change of mind or permission to appeal to the Upper Tribunal. I included a supporting report from my GP who supported our view. Their statement of reasons said that 'attending the occasional interview in our view would not constitute a serious risk to the appellant's health'. The ESA wrag group requirements from the gov.uk website which states that persons “have to go to regular interviews with an adviser. The adviser can help with things like job goals, improving your skills, work-related issues”. In my view, 'occasional' and 'regular' are 2 very different things and noted this in reply to First tier. Now they have said they can't change their decision and refused perission to appeal to Upper tribunal. I know I can appeal directly to the Upper Tribunal which I intend to do. I know the Upper Tribunal can't accept any new evidence, but could someone advise me on whether the First Tier had a duty to consider the GP report which we gave them after they refused support goup for my wife. Many thanks JTucker

Hi, I have made a claim that has been rejected by DWP (regarding my eligibility for esa ('right to reside')) and I have just made an appeal without my local citizen advice bureau (their next available date was in a month...). Also I have ticked 'No' for the question 'Have you arranged for someone to represent you at your appeal' but due to my health I am not sure that I could attempt this hearing. - What are my chances that the appeal to be fair without my presence? - Should I still searching a cab adviser that could represent me at this appeal? - How many times this appeal will take before a date for the appeal? Thanks in advance for your help, MoonTop

Hello, I do not want to go into detailed specifics but could do with some advice. Please can someone help on the following: I raised a grievance basically along the lines of being treated unfairly by management. I was interviewed by the management with a HR rep present. It then took five months to get a response. The response was (in my opinion) unbelievably flawed and only selective truths were investigated and the main bulk of my grievance ignored. I am aware of the three month rule to go to Employment Tribunal, so my first question is: 1. If my employer has not kept to stipulated times within the companies grievance policy does the 3 month rule still count? I appealed (in writing within the 10 days stipulated time to appeal) for the reasons above adding that I believe the management team of my department should not have investigated my grievance and that the investigation did not look into my main points raised. I then attended another meeting with the next highest manager and the manager of HR. They seemed to listen and respected my opinions and told me a response should be with me within 2-4 weeks. It is now another 6 months down the line and after numerous attempts to gain a response I have been completely ignored. I have requested they call me to discuss why there has been no action, it was ignored. I have sent at least four e-mails to both attendees of the interview with no response. My second questions are: 2. Where do I stand with regards to next steps or have I completely missed the boat by allowing these people to drag their heels for so long? 3. Do I have to leave the company if I were to take this matter to an Employment Tribunal? Any help or advice, good or bad, would be much appreciated. I must stress I do not want to leave the company I just want this matter rectified and taken seriously. Thanks in advance

My son recently had an unfavourable decision from the Tribunal, with regards Disability Living Allowance. However, the decision had been reached without his presence, despite requesting an oral hearing. I immediately requested a Statement of Reasons, which took some 3 months to arrive and then gave much time and consideration to reading the Statement and finding grounds for lodging an appeal. One of the main grounds had been, my son requested oral hearing and spotted a few procedural error to add to my list, working on the basis if one fails perhaps the next more valid etc (may all be rubbish!?). Anyhow I sent it to the first tier tribunal, requesting leave to appeal to the upper tribunal and also requesting they accept my late appeal - giving reasons. Shortly afterwards, my son received a letter of acknowledgement and to advise him that it has been passed to the Circuit Judge? Is this normal practice - at what point do we get told if appeal is allowed? How long for the process to work through the system - to decision?? Any advice would be much appreciated. Thanks Nadia

Hi, I am assisting my sister who is a long term mental health sufferer who has (or had) been on IB for approx 5 years. In 10/12 I helped her complete an ESA50 as part of IB to ESA migration process and with help from this great site the form was duly returned. Surprisingly, on 15 Jan she received a letter from DWP stating that ESA was to be awarded without the need for a dreaded ATOS medical assessment/ interrogation. The ESA start date is 11 Feb 2013. The bad news is that despite referring specifically to the support group descriptors within the ESA 50 she was placed in the WRAG. As she is on contribution based ESA then her benefit will cease in 12 months. Further, she will not have the confidence to attend an work focussed interviews without being accompanied etc. Anyhow, I intend to lodge an appeal for her to seek to have her admitted to the Support Group. At this stage I simply want to express the core grounds of appeal with further and better particulars to follow. What is the timeframe within which I have to lodge an appeal at the Tribunal ..i understand its 30 days ; if true is that 30 days post the 15 Jan letter, 30 days post the date of receipt of DWP letter which was 19 jan, or 30 days post the ESA commencement date - 11 Feb '13 ?? I look forward to your comments.

I'm autistic and I've been unemployed for 5 years which means I'm experiencing regression so it's unlikely I'd be able to work, I find it incredibly difficult just attending the job centre once a fortnight and now they've got new rules such as Universal Jobsmatch it'd be even harder for me, also I had a terrible experience with Ingeus which has left me scared of being sent back there as it would likely make my autism significantly worse. The job centre have told me I don't meet criteria for JSA as I can't use a phone to contact employers, thus it seems like my only way of surviving is constantly switching between JSA and ESA. I applied for ESA for the second time last year - the first time I attempted to get on ESA I was denied, due to ignorance of the system I didn't appeal the firs time round but I DID last time and yet I was still found fit-for-work. I was denied ESA on 14th August so I want to re-apply this month...sooner the better as I'm on JSA as of 3 days ago and already it's causing me problems due to anxiety over new rules and the possibility of being sent to Ingeus, I'm absolutely terrified of my sign-on day on Tuesday. I hate that these people don't understand my problems and I have no way of making them understand. Is there anything I need to know about re-applying for ESA? Is there any way I could get onto ESA a little sooner? Is it true I may have to go to Ingeus even if I'm on ESA?

I was dismissed due to poor attendance and have been going through a lengthy appeal process. As the appeal process neared it's decision date I submitted an ET1 because I was running out of time. I am claiming unfair dismissal and disability discrimination due to failure to make reasonable adjustments. I was invited to without prejudice discussions a few days before the decision was due and around about the same time my claim was accepted by the ET. During these discussions, we explored options and it seems the most practical one is a CA (re-engagement was my #1 option but they seem reluctant to consider that). We agreed to meet again in a few days (now tomorrow) having both taken advice with regards to figures. In addition, I was asked to agree to suspend the appeal process (decision would have been due today) whilst without prejudice discussions continue. I agreed and we pushed back the decision date 3 days which allows us to meet again. So to the meat of my question. Should I have been asked to suspend the appeal process? Should I have agreed? It seems to me that if they make their decision on the appeal they are somewhat committing either way and both options (upheld or otherwise) have ramifications. I can see why it's in their interest to postpone it. I was given the impress that if I refused to suspend the process then I'd also be bringing an end to the without prejudice discussions and the chance of a CA. This wasn't plainly stated but I think I was deliberately given this impression because they fear to make their decision. Bear in mind that the 'without prejudice' discussion invitation came both just before the decision due date AND just as the ET3 was probably received. So either could be the trigger but I expect it's the ET3. If the discussion draws out further and they ask for another extension, should I refuse? If I refuse, is it likely it will terminate WP/CA discussions or is that just a smokescreen? I get the feeling if I force their hand on an appeal decision, they will just uphold, because that seems to carry the least ramifications. Yes, it would add the element of improper process to any claim but surely overturning the dismissal would admit liability. Am I reading too much into something that is merely pragmatism? Would like some objective viewpoints. Many thanks. Bonus question: What is the general advice around re-engagement? It's the box I ticked on my ET1 under 'what I want'. I know it's very rare for an ET to force a company to take an employee back. The organisation is huge and I am fairly capable so they can hardly claim there is no potential of posts IMO. Re-engagement is also intrinsic to my particular case, as I'd been asking for different duties for some time and highlight re-deployment as one of the #1 reasonable adjustments that should have been considered. Does that make any difference? Does their obvious reluctance to consider re-deployment (I am fairly confident they will say they considered it but it wasn't possible) weaken their position? Would a flat out refusal of re-engagement weaken it more? Bonus bonus question: Sorry My search terms have hit these forums a lot in the last few months and it seems like a knowledgeable and helpful community so I wanted to solicit some advice directly. Stream of consciousness here, forgive me. Vento bands. I'm having trouble placing my case. They seem.... crude. The final three months of my employment I was set attendance targets that were objectively unreasonable. This actually made me more ill. Failure to consider adjustments throughout the management of my illness prolonged difficulties. The last three months of this appeal has caused my considerable stress, my disorder is anxiety and depression based. Finally, when I was first diagnosed (several years back) my employer ignored the problem (they knew it was disability and it was causing my to have sickness) for a year or so until I had a total breakdown and was off work for 6 months. So I don't know what band that will qualify for. It's hard to get perspective when you're so close to all this. Sorry for the essay. I am grateful for any opinions or advice at all.

http://www.bbc.co.uk/news/uk-21245308

Brief timeline... December 2010 - re-assessment for IB, recommended further review in 2-3 years, benefit to continue. October 2011 - called for ATOS face-to-face interview as part of the IB to ESA transition. Failed. Appealed. Placed in Support Group for ESA on review so no Tribunal to attend. February 2012 - new ESA50 received, completed and submitted together with letter expressing disgust that another review was being made in only 3 months when my medical conditions could not possibly be improved in my lifetime. Had no reply but ESA Support Group benefit payments continued without a break. November 2012 - received letter from JobCentre stating my case had been reviewed and I was being placed in the WRAG forthwith. I telephoned to request a telephone interview for the first part of this assessment. I was called back and told an error had been made and I was to remain in the Support Group, but contact the department again in March 2013 to ensure I was being transferred to Pension Credits. January 2013 - new ESA50 received which I must now complete. I am aware that cases are looked at regularly and that up-to-date ESA50 forms are required, just as regular reviews of cases are required. But looking at the timeline above it now does seem rather excessive. My carer (who I pay for myself, I have never claimed any additional benefits) is now describing this as harassment, a blatant attempt to attack anyone who has succeeded following an ATOS failure. Does anyone else have a similar experience?

can someone help me please.. i think i won my appeal, 1. the appeal is allowed 2. the decision made on 23/8/2012 is set a side. 3. the appellant is entitled to esa with the work related activity component. 4. this is because in applying the work capability assessment 15 points were scored from the activities and descriptors in schedule 2 of the esa regulations 2008 made up as follws 16 c - 6points, 17c -9 points 5. no schedule 3 descriptor applied. the tribunal recommends that the department does not reasess the appellant within 24 months. can someone explain what will happen nexts please and thank you.

Hi guys The date of the alleged offence was 26th October 2012 I sent an informal appeal on 4th November 2012 Council received my letter on 7th November 2012 I receive the attached letter dated 20th Demver 2012 My informal appeal has been rejected and I received a NTO on 9th January 2012- Do I have any grounds to make a formal appeal based on the council not replying within a certain amount of time Thx

My friend is issued a penalty fare notice on Elstree & Borehamwood station run under the First Capital Connect when he lost his ticket and was unable to show it to the RPO to cross the barriers. The Penalty fare was of 20 pounds but he paid only 5 pounds and given all the correct information on demand like name, adress, DOB etc now the question is whether he should pay the rest of penalty fare or should contest the notice? he got the following evidence to prove himself that he bought a valid ticket that day. 1) Bank Statement showing the exact amount deducted by the First capital connect that day. 2) Machine used for purchasing the ticket was right infront of CCTV and could clearly be seen. 3) Some previously bought tickets for the same destination, time & from the same machine. 4) Character certificate with clean record. how likely will he be successful if he appeal to IPFAS on the above mentioned basis.

21stDecember The Operator issued parking charge notice number xx arising out of the presence at xx, on 17October 2012, of a vehicle with registration mark xxxx The Appellant appealed against liability for the parking charge. The Assessor considered the evidence of both parties and determined that the appeal be refused. The Assessor’s reasons are as set out. In order to avoid any further action by the operator, payment of the £100 parking charge should be made within 14 days. Details of how to pay will appear on previous correspondence from the operator. 21 December 2012 Reasons for the Assessor’s Determination At 13.33 on 17 October2012, the Operator issued a parking charge notice because Operator’s employee could not see a valid permit on display in the vehicle with registration mark xx. The employee then took a number of photographs of the vehicle. The Appellant does not appear to dispute this. The Operator’s case is that the terms and conditions for parking are displayed on the site, and state that only valid permit holders may park in allocated bays, and that permits must be fully displayed in the windscreen. Copies of the conditions have been produced. They also state that a failure to comply with the restrictions mean that a parking charge notice may be issued. The Appellant made representations but does not offer any submissions on the facts of the appeal.The Operator has, however, enclosed a copy of the Appellant’s representations,where the Appellant submitted that it was an oversight that the permit had been removed and not replaced into the vehicle. The Appellant therefore appears to admit that there was not a valid permit on display in the vehicle at the time the parking charge notice was issued. The Operator rejected the representations, as set out in the copy of the notice of rejection they sent, because no valid permit was displayed on the windscreen. The Operator submits that the photographs taken by the employee show that the permit was not visible. Although the Appellant does not make any factual submissions whatsoever, he does make various legal submissions. One such submission is that the parking charge is not a genuine pre-estimate of loss, and that the Operator has not actually suffered any losson this occasion. A further point made by the Appellant in relation to whether the parking charge is a genuine pre-estimate of loss is that the charge is actually a penalty. Another statement by the Appellant is that if the parking charge amounts to a genuine pre-estimate of loss, the amount of the loss should not change from £60 for the first 14days and rise to £100 thereafter. In addition, the Appellant states that if the parking charge is a genuine pre-estimate of loss,the amount should vary for different breaches of the terms and conditions, for example parking over a white line or overstaying. 3 21 December 2012 The legal submissions of the Appellant set out above are not accepted. The Appellant parked the vehicle in the car park, thereby agreeing to the contractual terms and conditions displayed on the signs. These included the condition that only permit holders may park in an allocated area, and that permits must be fully displayed. Another term of the contract was that if the vehicle was parked without complying with the conditions of the contract, the motorist agreed to pay a parking charge of £100 (or £60 if paid within 14 days). The Appellant appears to believe that the charge has been issued for breaching the contract, but in actual fact, the Operator is seeking to enforce the contract. This is by seeking payment of the charge which the Appellant accepted as a term of the contract by parking his vehicle at The Crescent. The contract cannot now in effect be renegotiated. The parking charge is therefore not classed as damages or a penalty for breach, either of which might be linked to actual loss resulting from a breach and would need the Operator to prove that the parking charge was a genuine pre-estimate of loss. The Appellant not having disputed the facts, I must find as a fact that, at the material time, a valid permit was required to be displayed on the vehicle but was not visible.This was a breach of the terms and conditions. Accordingly, on this particular occasion, the appeal must be refused. Shona Watson Assessor http://forums.moneysavingexpert.com/showpost.php?p=58637165&postcount=25

Just before Xmas I received a parking charge notice from a private car parking company accusing me of overstaying at a car park in Leeds. They waited around 6 weeks before sending me the penalty notice letter obviously in the hope that I had thrown the ticket away in the meantime. Fortunately I still had the ticket ( useful tip 1-- don't clean out the car too often) and I sent them a photocopy of it. Appeal granted no further action. It would appear that they carried out quite a bit of letter writing at this particular car park during Nov/Dec. It occurred to me that the best way to deal with these companies is to send them a letter of appeal but stating that if the appeal fails could they send you a verification code as you will be appealing their decision to POPLA. This appeal will cost them around £30 and is binding on the car park company but not on you. That is then the time to ignore them, when you've cost them a bit more money.

Posted on MSE and Pepipoo: PARKING ON PRIVATE LAND APPEALS PO Box 70748 London EC1P 1SN 0845 207 7700 [email protected] www.popla.org.uk Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils Calls to Parking on Private Land Appeals may be recorded 21 December 2012 Reference: 8763052662 BASFORDLAD (Appellant) -v- UKCPS Ltd (Operator) The Operator issued parking charge notice number 845662 arising out of the presence at Alma Leisure Park on 26 October 2012, of a vehicle with registration mark WV10 SYF. The Appellant appealed against liability for the parking charge. The Assessor considered the evidence of both parties and determined that the appeal be refused. The Assessor’s reasons are as set out. In order to avoid any further action by the operator, payment of the £100 parking charge should be made within 14 days. Details of how to pay will appear on previous correspondence from the operator. 8763052662 2 21 December 2012 Reasons for the Assessor’s Determination At 12.07 on 26 October 2012, the Operator issued a parking charge notice because the vehicle with registration mark WV10 SYF was parked in a disabled bay but the Operator's employee could not see a valid disabled badge on display. The employee then took a number of photographs of the vehicle. The Appellant does not appear to dispute this. The Operator's case is that the terms and conditions for parking are displayed on the site, and state that vehicles displaying a valid disabled badge may park in a disabled bay. Copies of the conditions have been produced. They also state that a failure to comply with the restrictions mean that the car park user agrees to a parking charge notice being issued. Photographs have also been enclosed showing that the terms and conditions are visible in various areas of the car park. These are dated 26 November 2012, a month after the parking charge notice was issued, however the Appellant does not appear to dispute that there were signs on 26 October 2012 or that he did not know the requirement to show a disabled badge when parking in a disabled bay. The Operator submits that the Appellant parked in a disabled bay without displaying a valid disabled badge. In the case summary the Operator refers to the copy of the parking charge notice, however it was not submitted with their evidence. Nevertheless, it does appear to be agreed (or at least not disputed) that the parking charge notice was issued to the vehicle in the car park of the Alma Leisure Park in Chesterfield. The Appellant made representations but does not offer any submissions on the facts of the appeal, and neither party has enclosed the representations sent to the Operator. The Operator states that photographs taken by the employee show that a disabled badge was not visible. This is accepted, as it appears that the vehicle is clearly parked in a disabled bay without a disabled badge on display. Although the Appellant does not make any factual submissions whatsoever, he does make various legal submissions. One such submission is that the parking charge is not a genuine pre-estimate of loss, and that the Operator has not actually suffered any loss on this occasion. The Operator's response to this was that there was enclosed a costs sheet to show the calculation of the genuine pre-estimate of loss, however there was none attached to their submission. For the reasons set out below this is not relevant. A further point made by the Appellant in relation to whether the parking charge is a genuine pre-estimate of loss is that the charge is actually a penalty. The Operator submits that, a penalty has been defined in the courts as a sum that is in excess of the damage caused by non-performance of an obligation under the terms of a contract. The Operator submits that in any case, the charge is not a genuine preestimate of loss because it is an invoice that the Appellant agreed to pay, for the use of a disabled space in which the vehicle was parked without a disabled badge. Another statement by the Appellant is that if the parking charge amounts to a genuine pre-estimate of loss, the amount of the loss should not change from £60 for the first 14 days and rise to £100 thereafter. The Operator responded that the genuine pre-estimate of loss is £100, however that there is a discount if the charge is paid within the first 14 days. In addition, the Appellant states that if the parking charge is a genuine preestimate of loss, the amount should vary for different breaches of the terms and conditions, for example parking over a white line or overstaying. The Operator does not respond to this point. The legal submissions of the Appellant set out above are not accepted. The Appellant parked the vehicle in the car park, thereby agreeing to the contractual terms and conditions displayed on the signs. These included the condition that vehicles may only park in a disabled bay if a valid disabled badge was displayed. Another term of the contract was that if the vehicle was parked without complying with the conditions of the contract, the motorist agreed to pay a parking charge of £100 (or £60 if paid within 14 days). The submissions I believe the Operator is trying to make is not that the Appellant has breached the contract giving rise to damages, as the Appellant appears to believe, but that the Operator is seeking to enforce the contract. This is because the Operator is seeking payment of the charge which the Appellant accepted as a term of the contract by parking his vehicle at Alma Leisure Park. The contract cannot now in effect be renegotiated. The parking charge is therefore not classed as damages or a penalty for breach, either of which might be linked to actual loss resulting from a breach and would need the Operator to prove that the parking charge was a genuine pre-estimate of loss. The Appellant mentions the equitable principle that "one must come to equity with clean hands", and that the Operator is acting dishonestly as they cannot legally recover the parking charge so therefore does not have "clean hands". However the law of equity is not relevant to the appeal and therefore this has been disregarded. Finally, the Appellant quotes Vehicle Control Services (VCS) v HMRC [2012] UKUT 129 (TCC), stating that Operators cannot create contracts with motorists if they do not own or have any proprietary interest in the land. The Operator submits that the authority produced shows that the occupier of the car park has given them the power to manage the car park. In addition, the Operator submits that the signs stating that motorists who park are entering into a contract with the Operator show that a valid contract was created between the Operator and the Appellant. I am inclined to disagree, and instead following the reasoning applied in VCS v HMRC, that the Operator cannot offer the right to park as it has already been offered by the occupier, in this case as use of the car park is free. However the Operator acts as an agent for the occupier of the land, and a valid contract was created although it is between the Appellant and the occupier. Therefore in attempting to recover the parking charge in this case, the Operator is acting on behalf of the occupier as permitted by the authority, and does not need to show a proprietary interest. The Appellant further submits that under the Unfair Terms in Consumer Contracts Regulations 1999, parking charges are unfair terms as the contracts are not individually negotiated and causes significant imbalance in the relations of the parties, to the motorist’s detriment. However as the terms and conditions of the contract are clearly displayed and the Appellant is therefore deemed to have been aware of the terms, if the Appellant did not agree he would have had the option to park elsewhere. Therefore the Unfair Terms in Consumer Contracts Regulations 1999 are not relevant on this occasion. The Appellant not having disputed or referred to the facts in any way, I must find as a fact that, at the material time, a valid disabled badge was required to be displayed on the vehicle but was not visible. This was a breach of the terms and conditions of parking. Accordingly, on this particular occasion, the appeal must be refused. Shona Watson Assessor

Hi guys, I have an appeal coming up against an Amex ccj regarding charge card debts, the interest of which has snowballed into many thousands of pounds. I have suddenly heard that Amex will reduce the interest rate from the date of the writ from 42% to 8% if i discharge the appeal and accept their ccj and monthly payment demands. However there is no suggestion of amending the interest rate from the time of the default to the time of the writ. Apparently this is Amex' generosity and they don't wish the appeal to go ahead for economic reasons, which is strange as if i lose as their solicitors say, then they wouldn't have to pay costs....i would. Basically the court ...or someone .... put the wrong interest rate on the writ and the interlocutor, and they say , hey don't worry it was only 42%!

im appealing and i need my dr to write a good letter to support me. but he's never been very understanding about my mental health and i know he wont give me a good letter. i dont know what to do, as ive had anxiety and depression all my life and dont know what he's wrote in my notes. im worried sick about it all, as i have appointment very soon . so i thought i would go to a different doctor and hope i get a good letter.