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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • FTMDave
      MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip

      By FTMDave · Posted

      No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • rocky_sharma
      MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip

      By rocky_sharma · Posted

      Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Consumer Lover
      Scotland: Statute barred/Prescribed date vs 5 year default date anniversary

      By Consumer Lover · Posted

      Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • dx100uk
      Lowell/Overdales Claimform - old Cap1 Debt

      By dx100uk · Posted

      urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
    • FTMDave
      MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip

      By FTMDave · Posted

      I've done a new version including LFI's suggestions.  I've also change the order to put your strongest arguments first.  Where possible the changes are in red.  The numbering is obviously knackered.  See what you think. Background  1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of November 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.  Unfair PCN  4.1  On XXXXX the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) the solicitors helpfully sent photos of 46 signs in their evidence all clearly showing a £60.00 parking charge notice (which will  be reduced if paid promptly).  There can be no room for doubt here - there are 46 signs produced in the Claimant's own evidence. 4.2  Yet the PCN affixed to the vehicle was for a £100.00 parking charge notice (reduced if paid promptly).  The reminder letters from the Claimant again all demanded £100. 4.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.   4.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim. No Locus Standi 2.1  I do not believe a contract exists with the landowner that gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-  (a) the owner or occupier of the land; or  (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44  For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.  2.2  The Defendant requested to see such a contract in the CPR request.  The contract produced was largely illegible and heavily redacted, and the fact that it contained no witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “No Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract. Illegal Conduct – No Contract Formed  3.1 At the time of writing, the Claimant has failed to provide proof of planning permission granted for signage etc under the Town and Country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.  3.4        I also do not believe the claimant possesses this document.  No Keeper Liability  5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.  5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.    5.3        The claimant did not mention the parking period instead only mentioned time 20:25 which is not sufficient to qualify as a parking period.   Protection of Freedoms Act 2012  The notice must -  (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; 22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim. 5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable. Interest 6.2  It is unreasonable for the Claimant to delay litigation for four years in order to add excessive interest. Double Recovery  7.1  The claim is littered with made-up charges. 7.2  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100. 7.3  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims. 29. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.” 30. In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...'' 31. In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 2) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case. 7.7        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.  7.8        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).  In Conclusion  8.1        I invite the court to dismiss the claim. Statement of Truth I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

ESA Medical

jacbrass

By jacbrass
in Benefits and HMRC

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jacbrass

jacbrass

Posted
Posted

i have been off work since June with back pain (REAL I SWEAR) i usually work full time in a busy optitions and am used to be running around all day this back prob has come out of nowhere :Cry: i have been on esa since end dec and have to go for the medical on the 13th march and after reading your forums i am really worried what happens if i get turned down (this seems to be the normal outcome) does that mean i will have no money coming in ? my job is still being kept open at the moment and i have physio 2 x a week and seeing ortho team next week too any advice on both the actual edical and the likely outcome would be greatly appreciated

thanks

jacquie

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antone

antone

Posted
Posted

It is true that a large number of people "fail" the medical, that is, are found not to be entitled to ESA. I have never claimed ESA, I am an ESA processor, so I can't tell you anything about what the actual medical is like. Nor can I tell you if you're likely to pass, so please don't take the rest of this post as an indication that I think you'll have problems - I have no idea. If you pass you'll get more money (from the 92nd day of your claim) and all will be well, so I'm really just providing these comments so that, should the worst happen and you don't pass the medical, you have some idea what to do next.

 

You have the right to appeal the decision if you do fail, and if it is your view that the decision is wrong, appealing the decision is what you should do. You can ask for form GL24, the appeal form, or you can simply write a letter to your Benefit Delivery Centre. If you write a letter, be sure to state in it that you wish to appeal, specify what decision you are appealing, and give your reasons. Something like:

 

"I wish to appeal against your recent decision to disallow my ESA, communicated to me in your letter dated dd/mm/yyyy. I believe this decision to be wrong because..."

 

and be sure to sign the letter.

 

When your appeal is received you will be entitled to ESA at the basic (assessment phase) rate until the independent tribunal reaches a decision. Your payments may be interrupted for a couple of weeks, but provided you continue to submit medical certificates, you will be paid ESA. The Tribunals Service should contact you with more information about how their processes work, but you do have the right, if you wish, to appear in person at the tribunal to state your case. Most of the anecdotes I hear suggest that appearing in person is a very good idea.

 

Hopefully all will go well for you on the 13th March, and you can ignore everything I've written. But it's always best to be prepared.

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RaeUK

RaeUK

Posted
Posted (edited)

The most important thing is not to worry about your medical. Just go along, be honest, be sociable and don't be surprised if you score null points. If you score any points at all look at it as an amazing success. You may of course pass, I am deliberately going through the pessimistic view.

I think what I'm trying to say, is that if you don't initially succeed, don't take it personally.

The ethos behind ESA, in my view, is laudable. Those who are able to work to be helped to do so. Unfortunately it's ended up as a horse designed by a committee and the result is a camel.

The last thing your medical will be is a, er, medical. It's an assessment as to what you are capable of doing. The Doctor / Nurse that conducts it will be restricted by a computerised questionairre from which they cannot veer. If you say something that does not fit the bill it will be ignored.

Being medically qualified they can, of course, ask you to touch your toes, put your hand above your head, stick your tongue out and say 'ah'. But that's about as scientific as it gets.

The room that mine was held in was clearly shared by many. As hygenic as the average broom cupboard and devoid of any trappings associated with your local surgery. This is health assessment 1940s style.

The single biggest flaw in the system is, as usual, glaringly obvious. In order to assess what you are capable of doing we should first assess what you are not capable of doing. Never before have I seen a one-sided coin. Your professionally assessed medical history will be deemed irrelevant.

I truly hope you pass, just don't be surprised if you don't.

We can't really blame ATOS. They won the contract fair and square. Clearly they were the lowest bidder. By far. They can, however, only report back the data they have been instructed to collect. The decision itself will be made by the DWP Decision Makers. These are the fools who bought the camel in the first place thinking it was a horse.

The only 'good' news is that - if you have to appeal - ESA continues at the assessment rate for the duration. Average wait 9 months.

Best wishes.

Rae.

 

[Pssst! wanna buy a horse???? ;) ]

Edited by RaeUK
type o
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jacbrass

jacbrass

Posted
  • Author
Posted

ooh lol i could'nt get on a horse let alone a camel ha well i can stick my tongue out and lift my hand the toe touching will not happen tho :( cos my leg is affected i need a stick and usually land up nearly bent in half by the end of the day so i expect i will fail !! thanks so much for your advice i have always worked so first experience of the benefit system and it is unbelievable i am having to go to interviews at a county training place and have had a pathway interview (within 3 weeks of claiming) and have to explain that i do actually have a job but i am physically unable to do it at the moment but hopefully they will sort it eventually and i will be back to normal. It amazes me that i know of umpteen people who have never worked through choice not illness physical or mental and they just carry on without all these various interviews ect !! Dont figure !!

thanks again for your advice

xx

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honeybee13

honeybee13

Posted
Posted

Hi there jacbrass. I agree with everything Antone and Kelcou have told you. I would take the pessimistic view, having failed my Atos assessment. The tribunal service is much more fair and will take your word about your problems, also independent medical opinion, if you have it in writing. Do you have a blue badge, for example, as other proof?

 

As Antone says, it's much better if you can attend to tribunal if you go that far, so they can see how you look and of course, you have your say. We won, so I know the system works.

 

If you're sent to see Atos, as others have said recently, don't put a brave face on it because they will enter positive answers on the computer system.

 

Please keep in touch with us. HB x

Illegitimi non carborundum

 

 

 

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jacbrass

jacbrass

Posted
  • Author
Posted

i havent applied for a blue badge how do you do that and i thought you had to be very very bad to even consider that i cant walk too far and need a stick for most things. Sorry to be such a numpty as i said i am a bit dumb as far as the benefit side of things are concerned x

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honeybee13

honeybee13

Posted
Posted

Hi. I don't know a lot about blue badges myself, but my father in law can't walk very far at all without having to stop and have a rest, and he has one. I would start at your GP's surgery.

 

Kelcou has recently done this and I hope she might shed some light on it.

 

HB x

Illegitimi non carborundum

 

 

 

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RaeUK

RaeUK

Posted
Posted

Hi jacbrass, from reading your post you are clearly 100% fit :)

The Blue Badge scheme is a national scheme run through your local council. In my area the County Council handle initial applications and the District Council handles renewels. There shouldn't really be any regional deviations...

There are two routes to acquiring one. Either being in receipt of Higher Rate Mobility DLA [automatic entitlement, and quite right too] or the Discretionary Award. Obviously, I went for the latter.

My first stop was a chat to my GP about it. She confirmed the main criteria would be 'does walking 50 - 100 yards cause severe distress or discomfort?'. We both knew the answer to that one! She added that the fact was also in my medical notes so anyone who has access to them would know.

I then completed the online application. Less than 48hrs later I had an email confirming it had been approved.

The Badge costs £2, a car window sticker £1 and - the most expensive part - 2 passport sized photos £4.

The only possible niggle I can imagine would be how long are you likely to have mobility problems? I think the Badges run for three years at a time.They don't issue short-term or temporary ones. I mention this only because I don't know your prognosis. I'm sure it should be fine though. Just check with your GP.

Best wishes.

Rae.

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  • 3 months later...
upsetnanny

upsetnanny

Posted
Posted

I am really worried. I have a severe visual impairment and I have been asked to attend an esa medical. I am scared what they will do, what questions they will ask me. My vision is approxomatly 20/150 and there are so many things I am unable to do by myself, for example, I can't cook a meal for myself, go out by myself I can't even make a cup of coffee by myself and I have been asked to attend a medical, what other evidance do they need. Cor, I am asking for help to get employment, I am hoping to be put into the work group, what a blooming farce to go through all this to get the help and support you really need. I am a born again christian as well, so no way would I lie about my own disability. Don't They know when someone is genuuine.

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RaeUK

RaeUK

Posted
Posted

Hi upsetnanny and welcome. The ESA / ATOSH assessment is a worrying time indeed!

Click on the link I've provided and you can start your own thread which will get you more response.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=160

 

Hunni, you should do as you will naturally want to do - be honest and answer questions fully. Unfortunately, that doesn't seem to cut much ice with ATOSH and the modern day DWP.

But, here at CAG, you are amongst people in the same boat. It is early days but we are all slowly learning how to row together and we'll do our best to support and advise you.

Best wishes

Rae

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  • 4 months later...
jacbrass

jacbrass

Posted
  • Author
Posted

Hi all well i have my appeal today landed up with 12 points and i am really no different have the speciallist on the 11/11/2010 and not sure what they will come up with. My job has now gone only last month though so they were really patient but very nervous about today any advise would be very welcome xx

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