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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Esa


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Hi everyone, I am new to the forum and I am looking for advice as to my next step should be. I have various mental health issues that meant I was told by an advisor at the jobcentre that I needed to go onto ESA, this was back in either Nov or Dec last year, in feb I had a letter from ATOS telling me to go for a medical assesment and after reading the various horror stories of the assesments I wrote to both ATOS and the DWP asking for information such as the name and medical qualifications of the person who decided that a face to face medical assesment needed to be carried out and also the name and medical qualifications of the HCP carrying out the assesment so that I could check they are suitably qualified to asses my medical conditions with the BMA, I stated that once I had recieved the required information I would consider making an appointment. I had a phone call from ATOS on the day of my assesment and explained that I had written to themselves and the DWP and would not be attending, I was informed I would recieve a did not attend letter I would have to fill in and send back, which I did and once again went over the same issues raised in the first letter.

I heard nothing more until I got another letter from ATOS yesterday asking me to contact them to make an appointment, it seems to me they are totally ignoring my request for some basic information, it seems to me that they are or could be in breach of the freedom of information act and a possible violation of my human rights.

So should I just write to them again demanding the information or seek possible legal advice ??????

Many thanks for taking time out to read this and any advice gladly recieved.

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Hello there and welcome to CAG.

 

I haven't come across anyone doing this before. I hope you manage to unravel this, but I fear Atos and the DWP are a law unto themselves and they have the whip hand financially of course.

 

Most people on the forum have resigned themselves to attending the assessment, getting no points or well under the 15 they need, having their appeal to the DWP declined and then going to a tribunal, where one would expect them to win. This is what happened to me.

 

I defer to our experts, but would recommend you go carefully. We'll help as much as we can.

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It seems like a perfectly reasonable request to me, if someone is going to assess whether you are medically fit to work, then then it seems fair game to me that you should expect them to have the necessary qualifications to do so.

 

I haven't read of anyone approaching it from this angle before but I agree with HB that they will just more than likely reduce or even stop your money until you go to the assessment. Having said that I really admire you for taking the stand, as it is only by people doing this that there is any chance of getting a ridiculous process changed.

 

If you are going to be medically assessed then the person making the assessment has to be medicaally qualified, otherwise how can it be a correct assessment.

 

I wish you every success with this and hope that despite the sanctions thay are liable to bring against you, you are able to see it through, it won't be easy.

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As honeybee and Simon have said, failure to attend a medical can result in sanction or termination of your ESA. They can lawfully do this in accordance with the ESA legislation.

 

There should not be an issue in ATOS providing you with the name of the HCP your appointment is to be with, to enable you to check the GMC or NMC registers to ensure they are registered to practice.

 

All HCP's performing assessments for DWP purposes have to be either registered with the GMC or NMC, and be approved by the Secretary of State to DWP.

 

Although ATOS can have assessors working for them whom are not registered with the GMC/NMC (such as an occupational therapist for example) these assessors cannot perform for the purposes of DWP assessments.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

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Hi all and thanks for the welcome to the forum.

Erika I understand what you are saying that they can sanction or terminate my ESA and if that is the case then so be it, my main concern with the appointed HCP is their qualifications and their area of expertise, I for example don't want to be assessed by a midwife or anyone other than someone who is qualified in mental health issues which would result or at least should result in a fair assesment being taken. Once they give me that information I would gladly have the assesment provided the HCP was qualified in the field, this is now a matter of principal for me and I intend to see it out to the end no matter what the outcome.

I am going to call the ESA in the morning to ask why they have not supplied the information requested and will inform you all of the outcome all calls recorded lol.

Thanks for taking the time to read and answer my post

Mike

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Former ESA processor here. The ESA section at your BDC won't be able to tell you the name and/or professional qualifications of the HCP who would do your medical assessment. They're not being obstructive, they simply don't know and have no easy way to find out.

 

ATOS are the people to speak to about this.

 

Advice if you do call ESA, though: if you've made an FOI request or Subject Access Request, you shouldn't bother hassling the telephony staff. Simply state what it is you need and ask for a callback from the Customer Services team - they're the ones that deal with such things.

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