Jump to content


  • Tweets

  • Posts

    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

My ESA Medical


upsetnanny
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5016 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys.

Thank God I have found people who are in the same boat as me, I am really, really worried, I am actually beginning to get quite upset. Is it true these people from atos are quite rude and abnoxious? You see I have poor eyesight approximately 20/150. I have explained in my questionnaire everything like I need help outside, cooking, cleaning and that I have difficulty reading, so imagine the screen size as I type and read replies. What do people need to do to get what they are entitled to, we are all genuine cases and yet we are all put through this, why is the world such a cruel place.

 

Can anyone enlighten me about the medical, what happens, has anybody just sent back their questionnaire and not had to go for a medical, and also how long did you wait for results. Sorry but I really need help.

 

I originally was on JSA but was told to come off it because I could not do the 30 hour a week program because of my sight and was told to apply for ESA. I am currently on basic rate, so please guys help. It would be very much appreciated.:)

Link to post
Share on other sites

Hi upsetnanny. The first thing to do, of course, is to relax. Take a deep breath. And remember this is just a process. It's not negative of me to say 'expect to fail' for the simple reason anything else is a bonus.

The Doctor I saw wasn't rude per se, just not interested. Clearly he'd been told to fill in the computerised questionairre and that was all his job involved. A glorified data input clerk. Except, naturally, that the data is skewed against the claimant.

There have been one or two people posting on here who have either not had to go for an assessment - it ain't no medical! - or have scored 15 point. But these are the minority. That said, there is no reason for anyone to predict you won't be one of them. :)

All you can do is attend and be honest. Then, should the worst occur, you will have all the support and advice here to get you through.

One bridge at a time hunni and my best wishes to you.

Rae

Link to post
Share on other sites

Wow that was spooky! I'd quite forgotten I'd answered your post on another thread 24 hours ago. Glad to see my advice is about the same. [And to cap it all, I've just finished watching the last episode of Doctor Who! (Those who have seen it will know what I mean!) ]

Best wishes

Rae

Link to post
Share on other sites

all i can say is for the last 4 years every time i have filled in the form i have received a letter stating i have enough points not to have to attend one of these so called 'medicals' so dont give up hope yet...i have just filled another one in a week ago and am awaiting result of that....i am wondering also whether age is a factor in this....

Link to post
Share on other sites

Hi, I went for my assesment last sunday afternoon(nice to see the dwp are saving pennies by working the drs on a sunday!)

I had gone well prepared, my husband came with me, and recorded the whole thing on his mobile, as well as take notes, (for my benefit, im forgetful due to my medication).

the Dr (and he was ) was really nice, chatty, met me in the waiting room( i know he was looking at me for mobility etc). He asked me what i did for a job, and when i told him i was a nurse, and knew my consultant etc. He did a small examination, and did seem genuinely interested, pointing out things that i didnt mention, such as swollen feet, creaking knees etc.At the end he said it was nice to meet someone with a genuine need, and as far as he was concerned, i should have no problems getting the 15 points. we chatted briefly about atos, and all the poor publicity etc, he knew there were a lot of problems with it.

Now im under no illusion that i could get a totally different outcome, and all his niceness was a smokescreen, but, his body language etc was all positive.

I just wanted to say that the experience i had was pleasant, not at all like i was expecting, and hoped it may reassure others.

Best wishes, Michelle.:)

Link to post
Share on other sites

Oh my God, you actually mean these guys do assessments at the weekend, still it is better to get it over with. I am glad to see that some people are getting there quickly and getting what they deserve, i e the fifteen points to get the financial help and support needed. I hope I get a letter to tell me I have got enough points. Still, I am a bit calmer now I have found this forum because any anxieties I have I can come here and I promise I will keep you updated, from now until things are resolved and beyond.

Link to post
Share on other sites

Hi Guys

My ESA Medical will be on Tuesday 20 July at 1350 hrs. Please think about me. I will give you all a detailed account when I get back as to what happens so please keep posted.

Link to post
Share on other sites

They will ask you to describe a normal day, I would say you really need to describe a bad day because from expereince if you say anything positive they put that down and just ignore everything else.

 

Also ive found that they sometimes want to lead you in your answer, I suffer from anxiety related to me illness and I remember him him wanting me to say that i felt confortable in some new places but just stick by your guns, dont agree just to be polite.

 

Also dont want for them to ask you about any aspects of mental health, its nto a questionaire, if you dont specifically mention something they wont put it down.

 

Its all a big fiddle, it honestly is, I feel sorry for people as its dauting, I tend not to worry so much now, ive made myself ill with worry too many times.

Link to post
Share on other sites

Hi Guys

My ESA Medical will be on Tuesday 20 July at 1350 hrs. Please think about me. I will give you all a detailed account when I get back as to what happens so please keep posted.

 

Hi,Good luck, I will think of you.

When I had my medical I knew nothing about ATOS and never in a million years thought that they would tell actual lies but they do.

You really have to tell them how you are on your very worse day.

I have a physical illness and had doctors and consultants letters to back me up but they didn't check with my doctor.

I got 6 points but was lucky enough to win my appeal.

I was on crutches for my medical but the report said that I had no trouble walking so that gives you some idea of what you are up against.

You have the benefit of knowing what to expect so have your answers ready.

Good luck and keep us informed.

Link to post
Share on other sites

Hi Guys

 

Thank You So Much Everybody for your kind words and thoughts, they really are a great comfort to me. My gran is coming with me, so I won't be going alone. I bet they don't even check with my Eye Surgeon at the hospital, he would be able to fill them in on everything, but as you all say they look at you on the day and I am rehearsing my answers as much as I can. Do you guys know that the atos health care handbook is on the web, I will try and get a link to you as soon as I can for you to check it out, it is all there but they don't really stick to it do they? Where for example has anyone found these people to be friendly and put you at ease. Take Care and hopefully be back soon with that link.

Bye for now

Upsetnanny.

 

ps please keep advice and thoughts coming, and don't worry I will be keeping you all well informed.

Link to post
Share on other sites

The doctor I had was lovely, he did put me at ease and gave me tissues when I got tearful and gave me advice on how to cope with depression.

I came out feeling as if everything was fine as he was so nice and so when I got my results which contained LIES a month later I actually thought they had sent me someone elses results by mistake.

dont get taken in.

Link to post
Share on other sites

Hi Guys

 

I Got my confirmation letter in today regarding my medical appointment. Wait till you read this. I told them I am unable to travel on public transport and what do they send me a table detailing how to get to Ayr by Bus and Train. I know from you wonderful people that this is purely to catch me out and try to tell me my mobility is fine if I stick to this plan, I also have to take all of my medication to the medical my eye drops and my insulin, identification, my birth certificate, oh God I am beginning to feel quite giddy but it is only two weeks away I wish it was over.

Upsetnanny.:(

Link to post
Share on other sites

Hi Guys

 

I Got my confirmation letter in today regarding my medical appointment. Wait till you read this. I told them I am unable to travel on public transport and what do they send me a table detailing how to get to Ayr by Bus and Train. I know from you wonderful people that this is purely to catch me out and try to tell me my mobility is fine if I stick to this plan, I also have to take all of my medication to the medical my eye drops and my insulin, identification, my birth certificate, oh God I am beginning to feel quite giddy but it is only two weeks away I wish it was over.

Upsetnanny.:(

 

Hello upsetnanny

 

 

please-PLEASE TAKE MY ADVICE get in touch A.S.A.P (TOMORROW) WITH vision support and or RNIB FOR advice and help BEFORE YOU GO FOR THE ASSESMENT!!...THEY ARE HAPPY TO HELP and go along with ANYONE who has VISUAL/EYE PROBLEMS , ... PLEASE REQUEST AND ASK THEM TO GO WITH YOU TO THE ASSESMENT, I CANT STRESS THS ENOUGH TO YOU...

I HAVE MANY PROBLEMS AND ON-GOING CONDITIONS WITH MY EYES, RESULTING IN VERY POOR VISION ...BUT I STILL FAILED THE ATOS ASSESMENT AND WAS DEEMED 'FIT FOR WORK'????...

 

THE RBIB ARE NOW HELPING ME WITH MY APPEAL, ... BUT THE FIRST THING THEY SAID WHEN I CONTACTED THEM FOR ADVICE WITH MY APPPEAL WAS...

 

IT IS A PITY YOU DIDN'T CONTACT US BEFORE YOU WENT FOR THE MEDICAL AS WE WOULD HAVE COME WITH YOU...

GOOD LUCK HUN I WISH YOU WELL I DONT WANT TO CAUSE YOU ANY EXTRA ANXIETY, BUT IF I HAD MY OPPURTUNITY AGAIN, I WOULD NOT HESITATE TO CONTACT THEM FOR ADVICE...BEFOREHAND

 

COUNTMEIN X

  • Haha 1
Link to post
Share on other sites

  • 3 weeks later...

hi guys

sorry it has taken me so long to get back to you, my eyes has been really sore during the past few days. Hey, guess what, I PASSED MY MEDICAL!!!!!!!!!!! I have been allocated to the work group and I have my first work focused interview on Wednesday, what are these like, are the okay? I got a phone call from a very nice lady to tell me that they are very informal, but I must go or I lose money, no fear, I am going. The doctor I had at my medical was very, very nice, she understood immediately that I had very poor sight, I did not go alone though, which made it easier. If any of you are feeling down about the medical, please take from me, there are nice doctors out there who know what they are doing, just be honest and go in there, my best advice is this, don't give any mor information than you need to, I gave simple yes no ansers and someone else in the forum told me that when they are typing or writing, typing in my case don't speak, I took that advice and it worked. and one or thing, don't go by yourself, taking someone with you really helps. Look guys, maybe I am sorted now and I have got my claim through, but I am mindful of the fact that others are struggling and may need help so this thread will remain open and if anyone wants to ask me anything or get advice I am always going to be here. I ama christian and I want everyone else to get their medicals passed as well. I have been there like many others, so you all know where I am if you need help or advice, no matter what the question I will try to answer it. Take care and hope this gives some encouragement.:):):):):):):):):)

Link to post
Share on other sites

Yay! That's great news upsetnanny :)

The WFI - like so much in the benefits system these days - seems to vary from area to area. Mine are great and I look forward to them. Other people find them a chore and of little benefit. So just go and see how it pans out.

As for the ATOS 'professionals', I can only say my experience. I've now had two WCA's, both held by a genuine Doctor. The first was a neolithic prat and the second, well he seemed v.nice but I'll wait to see what the result is...

Best wishes

Rae

Link to post
Share on other sites

Fabulous news - I am so glad that you got a good result.

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.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

had my letter this morning i have the magical 15 points so do not have to attend 'medical' next review august next year.....a result!! so dont give up everyone miracles can and do happen

 

Fabulous!!!

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.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...