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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Incapacity Stopped with no warning.


Kerrie78
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And come to think of it, I neither have received my copy of documents from the DWP despite their 40 days notice passing.

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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Well looks like I'm about to be in the same boat.................

 

Yep I was right. Letter today, scored a massive 2 points on the PCA with their breakdown looking like my partner and I were at a different medical assessment as their "doctor" seems to have ignored everything we said and just ticked whatever boxes they felt like to get the lowest score they could

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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you need to put in an imediate apeal dave also SAR THE DWP FOR ALL DATA AND MAKE SURE YOU EMPHASISE THAT IT HAS TO BE IN INTELIGABLE DATA oops shouting lol

then you need to SAR ATOS ORIGON then compare the DWP AND ATOS ORIGON and see if the DWP have tampered with any of the Doctors reports, oh before i forget you also want all screen prints of data from both DWP AND ATOS to see what conversation they have had between them AND LAST BUT NOT LEAST this is the important one YOU NEED TO SAR THE DECISION MAKER very important you do this cause this will tell you if their has been any undue influence from the DWP ,

my case is with PURNELL himself now with two conservative mps breathing down his neck,i have a full case load of data of lies and deceipt hidden files wrongful interferance withholding evidence 7 files i found on the screen prints also make sure no data has been destroyed to do this you must issue a warning that all data from the last five years must be made available as it is linked data and must not be destroyed ....ok mate hope that helps

patrickq1

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the DWP KERRIE are supposed to reply within 20 days you need to send a strongly worded letter that you find their actions are not very helpful with regards to your appeal for bernefits, anyway how are you kerrie not heard from you for a while

patrickq1

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Hi Patrick

 

Intend to appeal. I've already sent a letter to the jobcentre asking for a copy of the report they got off Atos (the letter they sent me said I could ask for it)

 

Probably the funniest inconsistency is that the last time I was subjected to the PCA, I was given 2 points because stress was a factor in me stopping work. I haven't returned to work since last time and for some reason I didn't get those two points this time round.

 

Good idea on SARing Atos and the Jobcentre though. May add them to my SAR list (still need to SAR my former employers for a different reason)

 

I'm due a payment tomorrow and have been told by two different people that I'll get a giro or a payment to my bank (here's hoping for both)

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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yes sar Atos Origon first then wait a week and then sar DWP also remember to SAR the decision maker as here you will see what evidence they have been supplied with and you will be able to judge who has tampered or doctored your report,this is how i caught them out and then it left the decision by the decision maker legaly obliged to re consider the evidence when he get the full facts and not before so i am waiting for the Ministers to come back to me cause i aint letting this get brushed under the carpet ive waited since 2003 so a little while longer wont hurt me

patrickq1

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  • 1 month later...

Hi all, It's been a while since I've had chance to pop in so I'll just update you.

 

Last week received a payment into the back under DWP LIS, I guess this is the backdated incapacity benefit they owe us from january to now.

We then received a backdated DLA payment aswell as we appealed the inital DLA decision to only award one component at the lowest rate, and that was successful so this is also for the mobility component at the lowest rate.

 

Also, we have just received another backdated payment again under the DWP LIS heading, I believe this is for backdated income support that was given to us at the reduced rate of 80% while the appeal was going on.

 

We still arent 100% sure of the figures we will be getting as they are in the final stages of being looked at, but I am fairly sure we will be getting the Incapacity benefit, income support, child tax credit at maximum less a figure for overpayment, plus dla every 4 weeks.

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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  • 5 months later...

We received a telephone call from ATOS yesterday evening. We were wary as we had received no contact from JobCentrePlus advising us who this company was etc. Having looked on the net, I now find they are a legitimate private company contracted by the DWP to carry out medical assessments.

 

Okay, so we point out that my husband underwent one of these hoe visit medicals only about 4 months ago for the purposes of DLA so why does he need to go through the stress of another one? Apparently, DWP and DLA are incapable of sharing records when it comes to efficiently coordinating claim proof.

 

So now we say well fine, but you'll have to come out to him as he is crippled up with pain from spinal disease. Atos give us a local fax number and tell us to instruct our GP to fax through confirmation that my husband needs a home visit. This morning I call our GP surgery who laugh down the phine and say they never give out patient information on the strength of being handed a fax number on a bit of paper (and quite rightly too).

 

So now, I have to ring this company back and tell them to put it in writing for my doctor.

 

All the while, a quick check of the net forums reveals that if the automated calls from Atos are ignored or no reply received, in a growing number of cases, genuine benefits are being stopped without any prior contact from the DWP.

 

Thank you Gordon. With unemployment reaching 3 million, my husband who can't even manage his toiletry needs without my help, now has to fight to keep disability payments that don't even keep us above the government's own poverty line.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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