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    • We need to see the actual document from the IAS where it is written - "The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again." You can't just type it up yourself. At the hearing in July or August or whenever the judge will have two Witness Statements. One from Bank's director says you never made a second appeal. You say you did make a second appeal and the IAS concluded that payment was made. The judge will immediately twig that either you or the director is lying.  But who? Fail to show the documentation form the IAS and instead just produce something you've typed yourself will make it look like you just made up the appeal and you are lying and you will lose the case. Please let us see what the IAS adjudicator sent.
    • I used to have a retail outlet in London selling my husband's photography.  We also had a co-op with staff so they weren't directly employed by me, but I paid for the other overheads etc.  When my husband died, I carried on as usual for a while but then I became ill and moved quite far away so logistically was becoming very difficult.  I came to an arrangement (verbal) with one of the guys I trusted, that I would send him the images to print and sell as normal, and I wouldn't take any money, as a short term solution until I got back on my feet and worked out the best way to do things. He would pay all the  rent, insurance etc... Over a year later, not able to give things away for free anymore,  I drew up a contract as a wholesale agreement, so I would get everything printed and sent to him and I would invoice his for what he ordered. I noticed form the beginning that he wasn't ordering enough or frequently enough to be making any money, and was suspicious he was doing his own orders on the sly and ordering just enough from me to keep my happy.  I checked with my printer, which I've been with for 20 years, and he sad he wasn't getting orders for my images from anyone else. I emailed a few other printers to ask them to keep a look out for some images but I soon realised this would be impossible to police.  The only option really would be to buy a print from him and check the stamp on the back of it.  I finally managed to get hold of on the prints on sale, and sure enough, he did not order it through me.   In the contract he signed in 2022 it explicitly states that he must destroy all files I had previously sent him etc etc so e is in breach of that.  When I drew up the contract, I was careful to make sure it was legally binding, but before I let rip at him, I need to know where I stand.  The contract is here: PARTIES This WHOLESALE AGREEMENT (“Agreement”) is made effective as of 30th June, 2022, by and between ############################## The Supplier and the Client, collectively referred to as the "Parties," hereby agree to the following terms: TERMS AND CONDITIONS SALES OF GOODS The Supplier agrees to provide the following goods to the Client (“Goods”): Description of Goods ################################# Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b BOTH PARTIES AGREE: The Client purchases the Goods through the Supplier directly, and agrees to delete/destroy any previously held digital images (Goods) owned by the Supplier, and agrees not to use any such files for monetary gain, outside of this agreement, either directly or through a third party from immediate effect of this agreement. The Client purchases the other materials necessary for resale of the Goods independently of this agreement. The Client shall have exclusive rights for resale of Goods at ###########, and also with permission, as a retailer of the Goods elsewhere, provided that there is no conflict of interest between the Supplier and the Client. The Client is free to decide their own retail prices, for the Goods. The Supplier shall use #####  to provide the printed Goods on Fujifilm Crystal Archive paper, with Lustre finish, and will not use any other Printer unless #### cease to trade, without prior approval from the Client. The Supplier shall not impose restrictions on size or frequency of orders made by the Client. The prices provided by the Supplier shall not increase for a minimum of 3 years, unless the prices of the raw materials rise, in which case the client will be informed immediately. Any discounts/promotional prices of raw materials shall be passed on to the Client by the Supplier, and the invoice will show adjustments for this, as well as credit for return postage of any damaged goods. This agreement can be terminated by the Client without notice; the Supplier must give notice of no less than 90 days, unless the terms of the agreement are breached, in which case, the agreement can be terminated with immediate effect. PAYMENT Orders must be paid for upon receipt of invoice, via Bank transfer: ######### Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b DELIVERY AND INSPECTIONS All orders received by 12.00am (midnight) shall be processed by the Supplier the following working day and delivery of order shall arrive in accordance with the Royal Mail schedule, or DPD, should express delivery be requested. The Client shall be liable for the delivery charge which shall be added to the invoice. The Goods will be delivered to the address specified by the Client. The Client shall be provided with order tracking, and should any problems arise with the ordering system or the couriers (Royal Mail, DPD), the Client shall be informed without delay of any such issues. The Client will inspect the Goods and report any defects or damage to the Goods in transit as soon as possible upon receipt of Goods, and will retain damaged Goods for return to Supplier for refund/replacement. GENERAL PROVISIONS CONFIDENTIALITY The prices of the Goods and other information contained in this Agreement is confidential and will not be disclosed by either party unless with prior written consent of the other party. INDEMNIFICATION The Client indemnifies the Supplier from any claims, liabilities, and expenses made by any third party vendors or customers of the Client. GOVERNING LAW This Agreement will be governed by and construed in accordance with UK Law. ACCEPTANCE Both parties understand and accept the wholesale arrangement stipulated under this Agreement. Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b IN WITNESS WHEREOF, each of the Parties has executed this Wholesale Agreement as of the day and year set forth above.   Signed by us both electronically.   I haven't broached any of this yet, and I am looking for some advice about what action to take.  The main issue I've got is that he has still go those images.  If I terminate the contract, I will need to know that he no longer has those images and I can't think of a bulletproof way to do this. I'm thinking I might tell him I will continue with the contract but ask for a  sum in damages and say that if I find out he's still doing it down the line I will terminate the contract and sue him for damages. The damages side of things I'm not sure how it would work as he is self employed, and I'm positive he doesn't declare all of his earnings to HMRC, in order to find out how much I have lost, would the court demand to go through his tax self assessments?  I'm not sure how to proceed with this, I don't want to lose that place as an outlet as it is in a prime spot in London, which is why I let him have those images in the first place as I would have had to pull out altogether at that point.  I am regretting it somewhat now though.  Please help.
    • I cannot locate anything in my paper work that states 2 payments were made? Perhaps you could point this out? In reply from IAS it states "The ticketing data has been attached" nothing was sent to me. I made a response to the IAS all this was done online
    • Thanks again for your responses. The concern I have here, is that freeholder of the land (a company, who presumably would have been the ones to have initially instructed PPM to manage the parking here), will have proof of exactly how long the vehicle was on site for, as the driver was meeting operatives from that company on a separate matter. On this basis, if the matter was to get to court, I feel all the other technicalities about signage, size of signage/font, lack of start/finish times, will not be enough to have any case dropped? This PCN was brought up to the freeholder but they have advised that PPM will not waive this charge. 
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ESA changes...?


Quixotic
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Went to the "work focused interview" which was pointless, had to deal with some arrogant rude patronising woman, which I expected anyway as most of their staff i've dealt with don't know the first thing about customer service and sure as hell wouldn't have lasted in the jobs i've been in, they would have been out the door rather promptly, yet these are the ones who are dealing with sick people......... bit backwards, i've known workers in supermarkets to be a million times more pleasant with more customer service skills, anyway I digress.. slight rant there but i'm reeling from it all! she said there is going to be changes to ESA, I think those in the support group are safe but apparently there's going to be big changes to those in the work focused group, the person basically said they don't think it's going to be a case of how it is now - going to the work focused interview and just having to attend but not being forced into anything, this person was talking about being sent on courses and all sorts but they don't have the exact details as of yet but it's all to do with the government shake up aka pick on the sick as much as possible along with everyone else.

 

Anyone heard anything about these changes though? the person said something about it starting next month possibly, I was thinking surely they would give people information on this beforehand rather than just sending a letter demanding you go do this and that but then I remembered who I was dealing with!

 

Really annoys me actually, i'm really convinced they make people more ill :|

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I'd be surprised because there's been absolutely no suggestion of this from anywhere else. Given her incompetence, she's probably got the wrong end of the stick!

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I think she was probably referring to the Work Programme which is a change but please don't ask me to be more specific as I don't deal with ESA and am only just getting to grips with the changes to JSA.

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She seemed pretty certain on it, to be honest I couldn't remember half of what she said as she was like some robot reading a script and I felt like my blood pressure hit sky high after about 3 minutes given her attitude, they talk to people like they are criminals, I felt like saying do you think I want to be here dealing with idiots like yourself, i'm still annoyed from it and this is many hours later. I'm sure she said something about jobseekers too but it was certainly aiming at how contracts are still to be dealt with before the full information of the organisations dealing with it could be told, i'm not even joking but i'm sure she said it would be like jobseekers in a way that if you have to go on a course then you have no choice and I could swear she said something about how it will be merging together with jobseekers who have been out of work for a while and not had any luck with finding a job, I just remember thinking wait a minute... i've recently just had a letter through stating they think i'm sick and been put into the work focused group, how can you be sick and job hunt, that's like saying we may all aswell be on jobseekers then, how the hell can they merge jobseekers and people who have been found sick?!

 

I suppose common sense and logic go out the window completely with these people, go through all their trials and be found sick BUT they think you can work too, you can either be sick and work or sick and not work, if someones sick there's no two ways about it, baffling.

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http://www.disabilityalliance.org/ssacwork.htm

 

 

I found this page and i'm a bit confused -

 

"From April 2011 advisers may require prescribed ESA WRAG customers to undertake work related activity, (in addition to Work Focused Interviews)."

 

"Customers cannot be required to apply for a job, to undertake work, or to undergo medical or surgical treatment."

 

"All work-related activities must be recorded in an action plan, together with the timescale for completion and any evidence requirements."

 

Is that 2nd line not contradictive? and that 3rd line! that sounds like jobseekers to me.

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Does anyone know what the terms are for an appeal being sent in later than 28 days? all these bank holidays haven't helped. I also asked the most helpful worker ever (sarcasm) if she could request me a copy of my medical report as I did not get one, she told me I had to ask ATOS, ATOS were asked, guess what, they said ask DWP, I feel like i'm on the magic roundabout when dealing with these people and to top if off, the envelope they give you for sending in an appeal has a 2nd class stamp on it, given that they put time limits on when things have to be sent I just find it hilarious they give you an envelope with that on it!

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2nd class envelopes is what we are supposed to prder now to cut costs sorry. You have 1 calender month in which to appeal however if it is received late then reasons can be taken into account such as the bank holidays (this last month has been rather unusual with the number of bank holidays).

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What about doctors letters and waiting time for them being a reason? obviously they must know that doctors can't just drop everything and do things there and then.

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I'm unaware altogether with appeals to be honest, does all evidence have to be sent with the appeal form or can this be forwarded on? it's to appeal the work focused group as i'm sure I fit descriptors for the support group, I will be seeking CAB advice though.

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The question are, what constitutes 'work related activity'? It says people in wrag MAY be referred for work related activity, so under what circumstances? What are the sanctions if they feel you haven't complied?

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leemack, I got the impression today it was for everyone put into the work related group that they will be expected to do that at some point, I just find it odd that they have no firm information on it yet are talking jibberish at these silly interviews stating it's to be rolled out from next month, how are they allowed to just post this news to people with no warning, it's shocking.

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I found this - its a prospectus, and there's little about what's happening with esa claimants, although in a table part way down it suggests omly income based esa claimants who are within 3 months of return to work (how do they know this?) will be mandatory on the scheme. This is from 2010 though and may well have changed.

 

There is nothing I could find on the net about how it will work for esa, though tons on jsa. I suspect the details have yet to be ironed out.

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I'm just baffled by it all.

 

The fact is that they can't force you to work or look for work, or do anything contrary to the descriptors you've scored points on - I doubt it will be an issue. The providers are being paid by outcome and will concentrate resources on people willing to make a start towards going back to work.

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Not entirely sure I'm following you, Quixotic. However, for an ESA appeal, you don't need to include everything with the GL24 (?) and can forward info at a later date...

Rae

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I found this - its a prospectus, and there's little about what's happening with esa claimants, although in a table part way down it suggests omly income based esa claimants who are within 3 months of return to work (how do they know this?) will be mandatory on the scheme. This is from 2010 though and may well have changed.

 

There is nothing I could find on the net about how it will work for esa, though tons on jsa. I suspect the details have yet to be ironed out.

 

There was a change in rhetoric 3 months ago with infamous Graling speech in Parliament when he proclaimed people in the WRAG need only a little assistance to become happy happy workers again.

 

So the Support Groups is for those with no chance but the WRAG are one step from working. Note the change in reporting whereby only the Support Group figures figures are now included as unable to work and the WRAG group are lumped in with everything else.

 

Same speech he declared that WRAG will be included in the same Workfare schemes as JSA with exactly the same sanctions but now a Job seeker direction can be from a VERBAL Direction issued by a provider of the Workfare scheme.

 

Now that's a major and very worrying shift in Sanction proof as how can you prove what was said in a conversation?

 

Mini Digi recorders at the ready folks.

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