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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Incapacity Stopped with no warning.


Kerrie78
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Hello Kerrie 78.

 

If you are not getting the help that you think you should have from your MP you should write and complain to the Speaker of the House of Commons. It is one of his functions to ensure that MPs are doing their job properly.

 

Best of luck.

Badger.

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Speaker of the House of Commons. It is one of his functions to ensure that MPs are doing their job properly.

yes absolutely right badger should have mentioned this before seems i overlooked this also the parlimentary omsbudsman if you wanna make big trouble for them

patrickq1

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and they deserve it as well they are paid to look after their constituants not ponder around in their fancy cars s****ing look at me and to not answer says it all they are parasites and should be on the dole themselves considering the expenses they claim oops fiddle i mean,well a majority not a small minority huh

patrickq1

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Hi Patrick. Thanks for the link to Coventry. I actually found this one which I was going to try on Monday first, but if they aren't suitable, then I will try the one you gave me.

I also plan to phone regarding our DLA claim and see whats happening with it, as its been months now.

 

I'll post again tomorrow.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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DMBC Error Message=

 

Forgot the link!

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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I've just found an absolute corker of a webpage purely for Blind and Partially Sighted folks. I really wish I'd seen it before my husbands CLA claim was sent off.

 

If it helps anyone else here it is::

 

Disability Living Allowance

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Just a quick update Patrick.

After hearing nothing from IB since February I asked my hubby to phone them today and see what was going on. It seems that they got his appeal letter weeks ago, and several documents have been sent off to their medical department. But he said because our appeal had been put on plain paper, instead of one of their numbered forms, it seems it isn't valid!

My husband asked 'so you're telling me that just because I sent you something on the wrong paper, you are going to send it back to me, and I am going to have to copy the exact words down onto a different piece of paper and send that back to you?'

The guy answered 'yes, that seems to be the case'.

My hubby asked 'Is it just me, or do you find that totally absurd?'.

The guy answered 'I couldn't possibly comment.'

 

So I expect we will get another form through the post within the next few days.

 

I also asked him to phone the DLA to see how that case was going, and the outcome of that call was that it had been passed to the Decision Maker, who has a deadline of April 27th to respond to us. The operator couldn't give us any inclination as to the outcome as it has nothing to do with him.

 

So fingers crossed the next few weeks bring a bit of better news.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Whoever you spoke to is wrong that it has to be on their appeal form. The following is taken from the DWP's advisor's site at DWP - NI260 - Part 3: The appeals process - Making an appeal

 

Providing all the information needed

 

Letters of appeal can be accepted, but only if they contain all the information needed to deal with your appeal. [sSCS (D&A) Regs 1999 33]

An appeal will only be accepted if the form or letter:

  • is signed by the person who has a right of appeal or by a representative who has written authority to act on their behalf
  • gives the date and details of the decision under appeal, or enough information for the decision to be identified
  • contains the grounds for the appeal. It is not enough to say that you are unhappy with the decision. You must say why you think the decision is wrong.

I guess that they have already sent it back to you so that's not a lot of help, so when you get the form fill out the short part with date of decision, name NI number etc and just write "see attached" in your reason for appeal and sign it. If possible make sure you keep a copy of the form and take it to the jobcentre and ask whoever you speak to there to give you a receipt so that if it goes missing you can still prove that you got the appeal in within the time limits.

.....of course I may be wrong!:?

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well done invasive that is what i used with the help of my MP,i forgot to mention Kerrie when you said your MP was not responding the way round this is to contact the opposition MP and complain to them that the MP for your area is not responding to your urgent pleas for help,this will cause the MP some difficulties and also make them move your complaints to the top of their list,also the written letters need to be responded to by asking for the branch manager to deal with your claim and if they fail to satisfy your query about the letter you sent with all details then ask the branch manager to further your complaint to their area manager,this works because my claim is with the secretary of state personally and the branch manager has been removed this week due to inapropiate conduct ? whatever that means but basicly it was because they tried to deny me my FREEDOM OF INFORMATION concerning all my data and they also lied to the MP so at last i have proven my case and shall put on here the full transcript of events for others to see...just try going to the top kerrie and by pass the muppet brigade also when you contacted the DWP/DLA it does not sound like bad news you will probably find that they will deal with your dla claim more favourably...

keep your spirit up and good luck

patrickq1

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Well looks like I'm about to be in the same boat as I got a letter today of Atos wanting me to ring them to make an appointment for a with one of their "doctors" (they've been calling for the last few days too but I'm not about to lose points on the PCA by answering the phone).

 

Just a quick reminder to anyone who hasn't signed my petition yet at Petition to: reform incapacity benefit so the word of a patients GP is accepted as proof of incapacity. it only has a few days left to run and needs a lot more signatures otherwise it'll just get ignored

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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welcome back dave have nt seen any of your threads for quite a while have you been on holiday anyway signed the petition and as you can see from my thread i am at last getting somewere taken me since 2003 to get this far but they have removed the manager from their post because of all this as it had become too personal to the manager and once they lied to the MP that was it the final straw ....but still aint seen any money yet whats 5 years plus interest lol

patrickq1

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Nah not been on holiday. Been a relatively painless time with benefits though with the exception of the fun last month when they paid us, took it back out of the bank (after we'd withdrawn it all sending us overdrawn) and then told us there was a giro waiting at home for us which they was and we then had to cash, and then pay into the bank to clear the overdraft they'd created. Luckily we didn't get charged!

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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well at least you got some money well done dave,my case is very complex and isnt the run of mill stuff ,as far as i know it has gone as far as purnell now as mcguire tried to ignore it over two years ago so she is to be questioned over all this as it was in her hands and she never even aknowledged the letter all my paperwork had mysteriously dissapeared but at least things are moving now thank god

patrickq1

ps.hope you had a great holiday wish i could but cant afford just yet

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Hi Folks.

Finally got the DLA decision this morning and as we expected, they have missed several points out. For a start they put You are NOT at risk of: dizzy spells, blackouts, collapsing. They have also got several other small bits of info wrong.

 

Basically he has been granted the lowest rate of care that they give at £17.10 per week backdated for the last 12 weeks.

 

My hubby also had a Dr's appointment this afternoon and the doc isn't happy with what he read so he has said he would write another appeal letter to them (lol).

Hubby will be taking the letter to the CAB as soon as he can get an appoinment so that our finaces can get sorted out a bit more.

 

We were told that DLA would be granted, but from what I read DLA hasn't been granted but a carers rate has been given instead. I am unsure as to whether we can appeal this, cos as least they have granted us something. We dont' really know if he was entitled to anything higher.

Also there is no mential of being partially sighted on their letter?? Would this change anything.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Sorry One more Q!!

 

Also as the carer's rate has been given, does anyone know if my hubby will be moved back on to Incapacity Benefit because of this new development.

 

(Oh yes) he also has his Pathways to work interview tomorrow morning (for 4 hours) so I will post again with the outcome of that.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Share on other sites

yes apeal imediately along with your doctors note and also get the specialist who has seen to your hubby he needs to produce a letter,you alose need to send now to the ATOS ORIGON A SAR NOTICE and SAR also to the DWP also write back again to your MP this time with a copy of the same letter to the PRIME MINISTER that your MP has failed to help or even contact you with this matter some months ago and you shall now write to the SHADOW PRIME MINISTER MR CAMERON ,bekeive me kerrie do all this as a matter of urgency,you will win your apeal but it is time the minister got a right good kick up the ass and they are now desperate for votes so when they come round touting for votes in the local election you need to point out all your complaints concerning this to every one of them,you will get a result of that i am sure

also bearing in mind that the EMP DOCTOR HAS FAILED IN HIS DUTY to write in certain factors despite seeing your doctors reports and you wish to make a formal complaint for the emp doctors missing data put this in writing on your claim apeal form

patrickq1

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before i forget kerrie how are things and also check with your doctor to find out if the DWP/ATOS ORIGON HAVE SENT HIM A IB113 if not and they have done any sort of all works test then they are in trouble and you need to see the doctor to find out first

then you write a full complaint to the ICE i have left a thread on one of the pages further back,aparently they must have your doctors full report before they can make an un biased decision on benefits if not then you have a right to a full appeal in front of and independant adjudicator

patrickq1

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Thanks for all your help Patrick.

This afternoon we received a hand written letter which I suspected was going to be more bad news, but it was actually the opposite for once.

 

It seems that we have WON our appeal to have our Incapacity Benefit re-instated. The letter reads:

 

We have looked again at our decision.

You asked us to look again at a decision about Incapacity Benefit issued to you on 18/01/08 and 05/03/08.

We have looked again at the facts and evidence we used to make our decision. As a result we have changed the decision.

 

* You are now entitled to £138.55 a week from 18/01/08 to 09/04/08.

* You are now entitled to £143.95 a week from 10/04/08 to --------.

Arreas of benefit will be caluclated and your benefit re-instated as soon as possible.

 

We had sent the initial letter asking for a review, then an appeal letter, and I also sent another one confirming it WAS an appeal letter when they replied stating that the Appeal word hadn't been used (even though it had been several times!).

 

With the second appeal letter we also enclosed the letter written by the Dr and specialist. So it seems they eventually do agree that he isnt fit for work. Shame about all the stress that has been caused because of their incompetence in the first place.

 

I have still requested all information that the DWP hold on my husbands medical state, I am awaiting this being sent. I also still plan to file the complaint you mentioned as I am not happy with this having happened in the first place, even though the outcome at the moment seems quite promising.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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my case is going all the way to the high court as i aint accepting any offer because of the stress they put me through and the way they conducted their all works tests,i am fortunate i kept hold of an old AWT and when i got the REGENERATED COPY it was apparent that the DWP had fabricated their own sheets that looked official and it wasnt a genuine AWt from sima they had fabricated the doctors from simas notes so i want to see the DWP answer to the highest court possible i think its what you could describe as peoples justice i aint taking anymore sh*t from this lot after all the years of being afraid they would stop this stop that now who cares i have all my information in front of me and i want heads to roll after all peoples lifes are at stake and this injustice must come right from the top

anyway off my soapbox i am glad you have had good news dont forget to ask for full backdate plus the intrest lost as you are entitled to all of this as well so a curt letter to them to remind you excpect intrest as well

patridckq1

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David Southwell v DHSS H.L. ( Date not sure. A bout 1970)

thanks badger will check that out as my claim and my MP are now Fuming because the DWP were treating my claims as a joke,i have now dug out some screen prints fro 2003 were they state refusal to reveiw ?

aslo on another screen print it satates keep this material back in case of compalint ? so it looks like they had been withholding evidence and also been trying to frustrate my claim so it is now upstairs before court acvtion and all intrest is being claimed but i will look out that case cheers mate

patrickq1

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  • 3 weeks later...

Hi Patrick.

 

After speaking to the Dr he has received no forms from the DWP at all, all the information he has been given has come from us, and him reading our letters from the DWP, Jobcentres etc.

He wrote the appeal letter for us (charge of £14 per letter), and yesterday we received a letter from the DWP saying that 'we have received your appeal, please grant us 11 weeks to get back to you with an answer'.

 

Also, when we phoned the council last week to ask how much longer the Incapacity Backpayment was likely to take, the lady said that our case had had to be rebuilt from scratch, as it was quite complex, and that somebody was dealing with it at that very moment, but she didnt know how long it would take, as they don't work to any time limits. She also said, that it wasn't like we had been left without any money because we were still in receipt of our IS and CTC!!

 

Yeah, I know that, but I wouldn't mind them hurrying up with the £800 or so that has to be backdated!!

Incapacity benefit is several pounds higher than IS so I wish they'd hurry up with it. Why dont these people have any given time frame to work to, it's about time that they did. It would be a damn sight better if they had someone standing behind them giving them a good kick up the backside cos blimey, most of them need it.

 

Anyway, rant over lol

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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