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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Failed ATOS medical, next steps, please help


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Doctor charges £40 for letter to support ESA appeal, but says go to CAB and tell cab to tell doctor to support appeal, then no charge for me.

 

But i have to pay for doctor letter to council supporting my housing benefit decision?

or help to cover cost from somewhere like legal aid? community legal service? free representation unit?

so much info, so much stress

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I wrote a letter to the DWP ESA team and started the letter dear sir/madam from ESA and then throughout the letter i outklined my illnesses, the meds im on because of the illnessess, the symptoms from the illnesses and the side effects i get from the meds i take and then i went on to write a paragraph in depth of what its liek for me on a daily basis.....this letter turned out to be 4 pages long and by god it did the job!!!!!!! so i would advise that if you cant get a letter from a GP if you put a letter together as i did and then also attach a few photocopies of recent prescriptions or if you have repeat scripts on your prescription rip that bit off and attach.....also in the letter outline the reason you are putting the letter yourself because they are asking for such a ridiculous amopunt for a letter from yuourGP......CAB advisor you are dealing with is probably a welfare rights advisor and if they approach your GP for a suppprting letter they will generallly do one for you without a charge i cant believe how your GP is treating you its disgusting hopefully during the NHS reform heartless incompassionate GPS etc like yours will loosse their l;icesnce or be made to go back to study and re train because they should know as the primary care giver that all of this extra stress isnt doing your health any good so should it not be in your best interest to do you the letter to help your case......KEEP FIGHTING THEM i know uts hard and youll feel like you are going nuts sumtimes but its worth it when you win! keep with it and all the info ive offered discuss with your CAB worker then it will probably make more sense

good luck and hope u feel better soon

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thanks.

CAB are sorting out doctor letter. So doctor must get paid £40 via cab process somehow.

Yeah good for you, i wrote a detailed appeal too. And complained to atos. Messy situation.

This whole process is unhealthy and way stressful.

You could probably put a new claim in for ESA saying "stress caused by current/previous ESA process".

You won appeal based on appeal letter, before tribunal?

cheers.

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oh no it wasnt that easy ,i had my tribunal which took altogether 1 year and 2 reschedules due to problems with the judges and conflict of interest and i was to unwell so my WRA decided to ask for a paper hearing without me there and luckily i won but they put me in the worng group as with most i got put in the WRAG group which is a joke when im bed ridden most of mty time so then i began a 4 month appeal against the group i was in and it was at this point myslef my carer and my friends put toegtehr this very long letter with all my prescription copies and i had letters from my GP to as i was lucky enopugh tp have decent GP's who didnt mind doinh letter but they werr every basic and i was told by the appeals team that if i hadnt put the legthy letter wrote by me in i probably would still be in the WRAG group......so just go with it and throw as much stuff at them as is possible and it should work......but in the support group i thpught yopu had 2 years to then concentrate on trying to get well enough to go into the WRAG group if your health permits this but i then found out that my case review is due in 2 months so i amy need to start this whole horrid process again but im hoping not as i couldnt deal with this all over again irt would seriously tip me over the edge the first time orund was bad enough :( just hope maggie cameron hurries up and sorts it out and listens to the people and gets the reform sorted so its easier for us poorly people be able to get help and assistance when needed without all these ridiculous questionairs assesments and near on impossible assesments i think ATOS need shutting down and the process should be carried out by NHS and actual specialist consultants not some supposed pen pushing qualified nurses who know naf all about majoirty of illnesses!

so glad CAB are poaying for your letter now and definatley complain about ATOS my local MP is inundated with complaints about how ATOS handled their assesment and how uncompassionate and understancdding they are we just gotta keep hoping these people will get a heart and half a brain somewhere down the line in the not to distcnt future because the fact people with nothing wrong who get higher rater everything should be changed and i dont now how the hell they manage to pass these tests but they pbviously have had a lot of practice.....an old friend told me to go in my ATOS assesment and sit there shaking rocking backwords and forward sand not hardly speak and 'play the game' in her owrds and this worked for her and many otehrs she advised on what to do but i went in there and was completely honest and got 0 points.......it seems the dishinest get everything adn us who are genuine and honest have to fight so hard to get it that nearly 2 years down the line my ill health has deteriated through not only my illnesses but the stress and worry caused by these stupid assesments and unfair eligiblilty tests

good luck and let us all know how you egt on im sure youll be ok just remember there is a light of goodness at the end of the tunnell and also if you win your appeal which im certain you will with the correct suppoprting eviudence youll get a backdated payment and i got nearly 3 thousand which was very handy as i was then able to move to a nicer propertty to help make me comfortable whilst im so unwell so it isnt all that bad.....good luck again and try and keep your chin up

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thanks.

 

CAB quickly attached a caseworker to me, made me sign some forms, very quick, no chance to read,

i had written my own ESA appeal, just went in to ask some general questions, they made it all rather legal and cold and robotic and formal,

 

I dont understand fully whats going on.

 

What does it mean to have a Caseworker attached to me?

What do they do? and they are employed by? they are volunteers or paid employees of cab?

 

CAB have sent me a letter with some misinformation on the meeting we had and

what was said.

 

The letter says i asked for help and assistance with appeal a few times, which i didnt really.

 

Does it matter if this letter is incorrect in some parts?

My condition(s) is not entirely accurately worded on letter.

 

I went to CAB many months ago with appeal questions, and they just answered questions and left me to get on with appeal. BUT this time, why is this all different?

 

ALSO he went through some descriptors in meeting very quickly and made notes,

WHY was this? On the letter to me, the descriptors he made notes on and my comments are mentioned with points scored over 15. BUT not ALL the descriptors or areas of physical and mental health were spoken of in meeting, as it was a bit rushed and fast paced.

 

Do you think this descriptor and points scoring by CAB will be sent off to jobcentre as part of appeal?

If so, id like it corrected and more thorough.

 

I dont wanna argue and be difficult with cab as they might be offended and not help as much.

i mean, cab are on my side are they not?

 

Letter also says if case is not strong enough cab will withdraw.

WHAT?! i didnt even ask them to be my caseworker etc.

 

What if my appeal was not written by me? CAB would have written it all up for me?

 

Now they say they will help me with DLA form. Which im pleased with, but just dont want that rushed.

 

So now my appeal is a "CASE"? so potential for costs incurred and charged to me?

 

It almost felt like a salesman, sign this, sign that, well do this, ok, goodbye.

 

thankyou

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  • 2 weeks later...

hi everyone new to this,got my lovely letter from atos thant im fit for work,couldnt beleive what i was reading have the things i said wasnt even noted and things that were put down were simply not what was said,never have went on my own,im starting to appeal but havent a clue what the process is ,its a nightmare,cant hardly walk with rumatoid arthritis. ive been sick with worry .cant anyone help

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hi everyone new to this,got my lovely letter from atos thant im fit for work,couldnt beleive what i was reading have the things i said wasnt even noted and things that were put down were simply not what was said,never have went on my own,im starting to appeal but havent a clue what the process is ,its a nightmare,cant hardly walk with rumatoid arthritis. ive been sick with worry .cant anyone help

 

Hello Eve.

 

If you can't find the answers in this thread, it would probably be better to start your own thread for help with your questions.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 4 weeks later...

my appeal is going to tribunal, ive had two medicals, and both times atos have admitted that theyve messed up and the medical report not accurate, how can decision maker agree with 0 scoring if the report itself is not done properly and atos have admitted it? also the appeal papers and facts have errors and omitted info.

 

so atos admit fault, then thats the end of the matter?

 

i should be having a proper medical and reconsideration/decision, before it goes to tribunal. I really dont want to go to appeal tribunal.

 

Can i say ill go to hearing in person, and say, if i am unable to attend or change my mind, will they just go ahead with paper hearing? or will they disqualify me and not go through with appeal? Say if im better by then, and am working, or on JSA, etc, would i simply still go and state my case for dates x and x during which i was on esa and entitled to it?

 

eg if i decide i can work or try to atleast in near future, and go on jsa, or get a p/t job, would the appeal still be ongoing? eg 'i was entitled to ESA during that period'. ?

 

thanks.

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If CAB manage to get a letter from your GP at no cost to you, make sure they at least give you a copy. If needed, the same letter can then be used for Housing Benefit etc etc ...

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