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    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
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My note expires in September, I'd have been happy to have the claim end then so I can at least try and move forward. But the medical process puts an end to that as they won't let me have the appointment then. My doctor won't write another note, he doesn't feel (based on past experience) i will need one. Fair enough he's not happy to write notes, but the issues I have are of that nature. The big problem I have is that the system is black and white and I'm inbetween.

 

 

He won't write another one yet, because your current one hasn't expired. It depends how you feel closer to the expiry date. He should be happy to write another one for you then, if he feels your case merits it.

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How do you know you won't pass an appeal? Many appeals do pass, but it does also depend on what your medical problem actually is and the severity of it.

 

If your case does go to appeal, getting GPs or specialists to write up on your behalf won't be a problem - their word I would argue carries more weight than the Atos 'doctor', simply in that the GP or specialist knows you personally, whereas the Atos monkey has only met you once and is totally in the dark as regards your medical history or background.

 

Why don't you try listening to the below clip (there are two parts)? It might give you an idea of what to expect, and to formulate a plan of what to do about it.

 

YouTube - ATOS Healthcare (aka - atoshealthcare) 1of2

That's a cheery link. Though not at all surprising. This is my point entirely; if people with leukemia are getting kicked off benefits, then someone withe anxiety issues (and we all know how those get regarded these days) has no chance.

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He won't write another one yet, because your current one hasn't expired. It depends how you feel closer to the expiry date. He should be happy to write another one for you then, if he feels your case merits it.

No, you misunderstand. I've not asked him to write another yet. He won't want to write another one is what I'm saying.

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That's a cheery link. Though not at all surprising. This is my point entirely; if people with leukemia are getting kicked off benefits, then someone withe anxiety issues (and we all know how those get regarded these days) has no chance.

 

 

 

Atos are chancers - nothing more, nothing less. They hope people don't appeal, purely because they know most people don't have the energy to appeal - and this is particularly true of terminal cases.

 

It's evil, it's shocking, it's immoral, it's discriminatory, and it's criminal - but that lack of accountability just about sums up the administration in the UK these days.

 

I have had past anxiety and depression issues myself, so yes, I can understand where you're coming from - up to a point. I also learned that government pen-pushers can't dictate to me how I feel or how I should feel. That's because I know better than that and I'm worth more than they would have me believe - and so are you.

 

Besides, you've not yet attended their 'medical', so it's best to go along and see what happens. You may get through - it depends on the 'doctor' who you see on the day.

 

But you will very definitely lose out if you DON'T go.

 

And if you lodge an appeal, then depending on evidence supplied by doctors or specialists, the decision may get reversed.

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No, you misunderstand. I've not asked him to write another yet. He won't want to write another one is what I'm saying.

 

 

If you feel you need another one, and he won't write one, then see another doctor who will write one.

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Atos are chancers - nothing more, nothing less. They hope people don't appeal, purely because they know most people don't have the energy to appeal - and this is particularly true of terminal cases.

 

It's evil, it's shocking, it's immoral, it's discriminatory, and it's criminal - but that lack of accountability just about sums up the administration in the UK these days.

 

I have had past anxiety and depression issues myself, so yes, I can understand where you're coming from - up to a point. I also learned that government pen-pushers can't dictate to me how I feel or how I should feel. That's because I know better than that and I'm worth more than they would have me believe - and so are you.

 

Besides, you've not yet attended their 'medical', so it's best to go along and see what happens. You may get through - it depends on the 'doctor' who you see on the day.

 

But you will very definitely lose out if you DON'T go.

 

And if you lodge an appeal, then depending on evidence supplied by doctors or specialists, the decision may get reversed.

I'm aware of what ATOS are all about. As I've said, it's not the medical itself that's the problem; if the medical could be conducted at the local surgery, for instance, then there would be much less of a problem. I still don't think i'd pass and if I appeal and the appeal isn't found in my favour by September I don't think there will be another note.

If you feel you need another one, and he won't write one, then see another doctor who will write one.

Due to the nature of the organisation at my local surgery i've seen pretty much everyone. They don't really like that.

 

I need a better way to get an income than this ridiculous, fraught system that doesn't accomadate people with my sort of issues. The benefits system either regards you as completely fit or completely unfit. People inbetween (which I suspect may well be the majority, mistakenly regarded by the state as lead swingers) are stuffed. When I first signed off (in part because of the stress of dealing with the JC - living in a rural community becomes a real hassle with thngs like transport when dealing with the JC) I asked for help at the same time because I didn't want to 'sponge' off the state, but there just isn't the support. But the reality is there are people with way more serious problems getting thrown off the sick by ATOS, I don't stand a cat in hell's chance. Even if, by some miracle, I did pass it'd be back to Working Links again! Out of the frying pan...

 

I appreciate what's being said, and I understand it, but I have to do what's right for me.

Edited by wishface
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" I have to do what's right for me "

Letting them win is not right for you either.

I understand how you feel, but trust me, go to the medical, expect to fail, but keep a record of everything said, then, if or when you get 0 points, go over their 'report', 'the decision', and what you put in your 'Questionaire', its a lot of hastle, but, ( if, like me, I too have anxiety/depression ) it's very good therapy, and will make you feel a lot better, to show them up for the liers they are, that has got to be worth it.

Think of it as a challange, at the very least you'll feel better.

alan

Edited by furnitman2003
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Due to the nature of the organisation at my local surgery i've seen pretty much everyone. They don't really like that.

 

I appreciate what's being said, and I understand it, but I have to do what's right for me.

 

 

What THEY like at your local surgery is irrelevant - it's YOUR welfare that takes priority. If you feel that the doctors there aren't taking your welfare seriously, then complain about it, or find another doctor to see.

 

If it comes down to a fight between you and Atos, as furnitman2003 says, it can be therapeutic for you. That's the attitude I'm taking and I can't wait to take Atos on at tribunal.

 

And if you do want to go down the appeal route, then you'll find plenty of people on these boards willing to help you out.

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What THEY like at your local surgery is irrelevant - it's YOUR welfare that takes priority. If you feel that the doctors there aren't taking your welfare seriously, then complain about it, or find another doctor to see.

 

If it comes down to a fight between you and Atos, as furnitman2003 says, it can be therapeutic for you. That's the attitude I'm taking and I can't wait to take Atos on at tribunal.

 

And if you do want to go down the appeal route, then you'll find plenty of people on these boards willing to help you out.

Well, it is relevant if they refuse to write a note. Unfortunately there are no other doctors I can see. Our surgery merged with the nearest other a few yeas ago when the original doctors retired and coudln't get replacements. Sadly things aren't better for it as we get the short end of the stick with fewer doctors (who seem to either be on leave or at the wrong surgery venue - there are two). So if the local doctor's won't write a note, I'm not entirely sure who else will.

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Well, it is relevant if they refuse to write a note. Unfortunately there are no other doctors I can see. Our surgery merged with the nearest other a few yeas ago when the original doctors retired and coudln't get replacements. Sadly things aren't better for it as we get the short end of the stick with fewer doctors (who seem to either be on leave or at the wrong surgery venue - there are two). So if the local doctor's won't write a note, I'm not entirely sure who else will.

 

 

My point is that if you feel that you can't cope, aren't well enough and you feel that you do need another note but he won't give you one, then consider seeing another doctor somewhere else.

 

If you feel that your current doctor isn't giving you a fair crack of the whip, or if you feel that he's not interested in taking your problems seriously, it may be best to change doctors - a doctor that gives wrong advice or is lazy in attitude is nearly as hazardous to your health as the disease itself.

 

Moreover though - why do you think he won't issue another note? If there has been no improvement in the condition you have, and he's peviously issued a sick note for the same thing, then he's duty-bound to write out another note.

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But I don't have the luxury of seeing other doctors. That's the point I'm trying to make. That's just how it is locally.

 

However that's not an issue at the moment (won't be at least until september). The problem I have at the moment is dealing with attending this medical. I don't mind it per se, it's everything around it and given their inflexibility in dealing with patients (not customers, that is totally the wrong word) I don't seem to have much choice.

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But I don't have the luxury of seeing other doctors. That's the point I'm trying to make. That's just how it is locally.

 

However that's not an issue at the moment (won't be at least until september). The problem I have at the moment is dealing with attending this medical. I don't mind it per se, it's everything around it and given their inflexibility in dealing with patients (not customers, that is totally the wrong word) I don't seem to have much choice.

 

 

I didn't particularly want to have to attend my medical - but I had to! . I knew how it was going to go (past experience), so that was why I recorded it second time round. You can also re-arrange the time and date of the medical (but give them some notice) if the time/date allotted isn't convenient.

 

You may actually have a fair medical - it has been known to happen. At this stage, you don't know if you're going to get knocked back or not.

 

But, if you don't go, then you WILL lose what benefits you're on. You can take a witness with you if you have no means of recording what goes on.

 

If you find that the medical has been twisted or lies have been told about you, then appeal the decision and take it from there.

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I've looked at the point system; even a fair medical using that system I don't think will give me enough points. That's what I'm trying to say. I'm sure if I rang them back and asked to rearrange it till september they'd say no.

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I've looked at the point system; even a fair medical using that system I don't think will give me enough points. That's what I'm trying to say. I'm sure if I rang them back and asked to rearrange it till september they'd say no.

 

 

Mine was originally booked for September last year, but I managed to put it back until November. last year.

 

Just think of some brief excuse why you can't make the appointment slotted - you don't have to go into fine detail why you can't attend (it's not really their business why you can't).

 

If nothng else, it gives you a little more time to formulate a plan of what to do.

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Mine was originally booked for September last year, but I managed to put it back until November. last year.

 

Just think of some brief excuse why you can't make the appointment slotted - you don't have to go into fine detail why you can't attend (it's not really their business why you can't).

 

If nothng else, it gives you a little more time to formulate a plan of what to do.

I'd be very VERY surprised if they go for this considering they told me I coudln't book the appointment that far in advance in the first place. They said (I can't know whether this is true or not, they are the ones holding the keys and controlling the appointment system) they can't book beyond a fortnight in advance. I'm not even sure what I could say to ask them to put it back two months!

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I merely stuck to my guns and said it was not possible to do it before November (and it actually wasn't). I didn't give them an explicit reason why - I said it didn't matter to them why this was.

 

I remember they said 'we'll keep the appointment as is, and you can change it nearer the time if you need to' - so that's what I did. And I did it again later on.

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Oh FFS just bloody go will you and stop all this faffing about!

 

Once you've gone it's over done finished kaput.

 

I've just come out of mine and all I can say was........ it was fine.

 

There was no nasty man, the seats were comfy and I didn't even have to worry about getting there and back because they ordered and paid for my taxis :cool:

 

You have accept the anxiety and explain to yourself once you go the stress will go away. Jesus I've been faffing kittens who've lost their mittens everywhere for the past week :???: Last night though was surprisingly calm considering.

 

I was completely flipped out on a major panic attack during mine :p And can safely say I don't remember a thing about what happened or what was said (luckily my phone does :cool: ) It only lasted 20 mins and I'll check but I was hardly asked anything most of it was long pauses as they bashed away at their keyboard. I even managed to walk into a wall on my way out of the examination room # doh!

 

As soon as I got out the relief! Oh the relief! Now it's over I feel like a new man :D

 

2 weeks until the appeal ;-) Happy days :D

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What right do i have to ask for an appointment of my own choosing (as opposed to ATOS's supposed and arbitrary rules about only 2 weeks in advance). The medical is 'supposed' to be after 3 months on ESA. But what are the rules in respect of me, a client, ringing up and saying 'no, i want to be seen in september'?

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What right do i have to ask for an appointment of my own choosing (as opposed to ATOS's supposed and arbitrary rules about only 2 weeks in advance). The medical is 'supposed' to be after 3 months on ESA. But what are the rules in respect of me, a client, ringing up and saying 'no, i want to be seen in september'?

 

 

That may be Atos' policy -but you don't work for Atos. If it's not convenient for you, it's not convenient - end of.

 

But there's no use worrying about it - you have to go at some stage. If you choose not to go, you WILL lose your benefits for sure.

 

At least you're in with a small chance of keeping them if you do go.

 

Like I said, try to record it (if you can find a way of doing it) or take a witness with you.

 

I know you've said it isn't possible (as far as I know you've not said why it's not possible), but if you put the appointment a little further back, it may be give you a bit of time to think of something.

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Please don't talk to me like that, it's uncalled for.

 

Once it's over it's far from finished.

 

Sometimes it takes a bit of honesty to get a real perspective on things :eek:

 

I told my welfare right advisor who filled in my forms "I can't leave the house or go anywhere strange due to my panic attacks!" He said "that's bollox" I went "no it's not how dare you!" He said "You're here in front of me now aren't you?" Me "Erm erm erm..."

 

Whilst I agree it's far from finished! You will have 6-9 months (probably more), which will take you up to Sept when you can make a decision on what you want to do! The only stress will be writing the letter (or GL24 form) to say you want to appeal. Other than that you will be left alone :eek:

 

So what do you want to do?

 

1, argue the toss over a medical which is causing you a great deal of stress and will continue to do so until you go.

 

or

 

2, embrace it as a one off time of high anxiety (which having gone through it today isn't as bad as everybody says) using this board as a sling shot to take control and sort out your life if you fail during the appeal.

 

The decision is yours!

 

What right do i have to ask for an appointment of my own choosing (as opposed to ATOS's supposed and arbitrary rules about only 2 weeks in advance). The medical is 'supposed' to be after 3 months on ESA. But what are the rules in respect of me, a client, ringing up and saying 'no, i want to be seen in september'?

 

Non there's a DWP document I saw linked to in a post MSE the other day which explained that whilst the assessment phase is 13 weeks. If a medical is requested the higher rate for passing will only be back dated to the date of the medical.

 

If you apply for a benefit you have to abide by the rules of it end of or forfeit it.

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That may be Atos' policy -but you don't work for Atos. If it's not convenient for you, it's not convenient - end of.

 

But there's no use worrying about it - you have to go at some stage. If you choose not to go, you WILL lose your benefits for sure.

 

At least you're in with a small chance of keeping them if you do go.

 

Like I said, try to record it (if you can find a way of doing it) or take a witness with you.

 

I know you've said it isn't possible (as far as I know you've not said why it's not possible), but if you put the appointment a little further back, it may be give you a bit of time to think of something.

It's not possible because i lack the equipment.

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Sometimes it takes a bit of honesty to get a real perspective on things :eek:

 

I told my welfare right advisor who filled in my forms "I can't leave the house or go anywhere strange due to my panic attacks!" He said "that's bollox" I went "no it's not how dare you!" He said "You're here in front of me now aren't you?" Me "Erm erm erm..."

 

Whilst I agree it's far from finished! You will have 6-9 months (probably more), which will take you up to Sept when you can make a decision on what you want to do! The only stress will be writing the letter (or GL24 form) to say you want to appeal. Other than that you will be left alone :eek:

 

So what do you want to do?

 

1, argue the toss over a medical which is causing you a great deal of stress and will continue to do so until you go.

 

or

 

2, embrace it as a one off time of high anxiety (which having gone through it today isn't as bad as everybody says) using this board as a sling shot to take control and sort out your life if you fail during the appeal.

 

The decision is yours!

 

 

 

Non there's a DWP document I saw linked to in a post MSE the other day which explained that whilst the assessment phase is 13 weeks. If a medical is requested the higher rate for passing will only be back dated to the date of the medical.

 

If you apply for a benefit you have to abide by the rules of it end of or forfeit it.

 

I'm not sure why you are trying to traduce the issues I mention. If they don't apply to you then fine, but don't judge me based on your own experience.

 

I don't understand how your last paragraph answers the question.

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I'm not sure why you are trying to traduce the issues I mention. If they don't apply to you then fine, but don't judge me based on your own experience.

 

I'm not! I'm trying to give you an unbiased view of somebody with anxiety/panic/depression who is going through this whole abomination!

 

So far I've manage to get a DLA award, a taxi provided and paid for by ATOS to the medical and back and have today experience the dreaded ATOS medical :eek:

 

The taxi alone only took 13 telephone calls to sort out but hey ;-)

 

Today has been absolutely horrendous as after the ATOS I decided to go to Tescos because I know I will not leave the house until? Spent 3 hours in a Tesco metro off my friggin nut wandering shaking sweating (well I knew there was cheese but where I was I didn't know) as I couldn't face the check out ho hum!

 

You >>> Me (we are all different)

 

ESA is a new benefit and I only hope my experiences if I share them can help others to get though it successfully.

 

Compared with what I've read on internet forums my experience (although at times it's taken will power) considering how ****ed I am hasn't been anything like s bad as described.

 

I don't understand how your last paragraph answers the question.

 

You apply for a benefit then you have to play by it's rules. Them's the apples you either capitulate or give up.

 

N.B. I take no responsibility for this post as although extremely fetching I'm squiifed, haven't eaten today & am listening to Velvet Underground looking forward to death (to quote the Dead Kennedys)

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