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    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello to all...HELP..ESA tribunal !!!!!!!!!


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Hello All,This is my first ever post so please bare with me! I am hoping there may be someone, somewhere who knows- more to the point-understands about ESA tribunals. I am due to attend a tribunal next month & thought i should start to prepare but quite frankly have no idea where to start on top of being petrified of actually going to the hearing! What i was wondering is, is it worth pointing out at the tribunal that the supposed HCP who came to my home to do the examination was completely unaware of my condition? He was working from the ESA50 form that i had completed a whole year before the actual examination took place. during this year i became seriously ill and it was later found that after having the accident they had actually missed that i had a broken bone in my neck that was on its way to severing my spinal cord. I had surgery then the ATOS examination 8 weeks later but the hcp had no idea when he arrived (after going to the address i had moved from a mere 5 months before?) of any further problems only what had been submitted in the original esa50 as obviously at the time i didnt know either, although i had informed my local office dealing with my ESA claim the same day i found out. I was just thinking, surely for him to compile a medically correct report he would have had to do a little "knowledge brush up" seeing as he is not a specialist in complex spinal issues? Myself and my sister- who was with me at the examination were truly shocked (completely gob smacked) by the whole palava but shocked/ amused that i had actually been awarded a total of 0 points! i can not believe that they have put me in this position of a tribunal and rejected my appeal. I seriously nearly gave up because of the stress but knowing i have been dealt with so unfairly makes me want to fight on. I would be so grateful of ANY advice. Thanks in advance.

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Hello there and welcome to CAG.

 

Here's a link to the forum sticky about appeals and tribunals. It's based on the letter I used for my own tribunal and I won! There are links to things like the DWP descriptors so you can argue the DWP's rules against them. You need a copy of your Atos assessment to do this. There's also a description of how my tribunal and Bookworm's went.

 

Please have a read and come back with any questions you have afterwards.

 

My best, HB

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

Illegitimi non carborundum

 

 

 

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Fisrstly- thankyou so much for replying & i am about to print your suggested letter, it looks perfect. I already have a copy of the report so can start to go through that the way you suggested. I just had a look at the handbook link but i dont think i can use it as it states those rules apply from 28th march 2011 and my examination was on the 17th!!! oh no does this mean im in trouble!

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Hello there. I don't think you're in trouble about the date change, but I'm not one of the forum experts. You could ask the DWP to send you the descriptors for when you had your 'medical', I guess.

 

I didn't realise they'd changed, tbh. With luck someone will turn up and explain to you about that one.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

Hi honey bee, Firstly thankyou so much for the link to the template letter it has proved an absolute god send. I have gone through all the sections of the doctors report and as you suggested and actually found a few more things than before. What i was wondering is - i have just noticed in the pile of tribunal papers in section 4 The facts of the case (from the dwp) that they have made a huge mistake regarding my condition & dates, i was just thinking is it worth writing this in as well or should i just leave it?

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Hello there. I'm not an expert, having done just my own appeal, but my feeling is you should definitely mention it if they've made a mistake. What have you got to lose?

 

My best, HB

 

PS If you win, and I really hope and pray you will [i shall do what I can to help], can I put you in my 'hall of fame' please?

Illegitimi non carborundum

 

 

 

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yes thats true i guess. I would love to join `the wall of fame` but am not holding out much hope at this stage, although i do firmly believe they have made a mistake. If i had to do this all again in 20 years it would be a minute too soon!! so so stressful!

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Nothing shocks me with the ESA, I scored 0 points too with a shoulder which kept dislocating(when I received the letter informing me and telling me to go back to work, I had just had surgery and had my arm in a sling) I eventually ended up having to leave my job and claim jsa. I appealed but didn't really have a chance of winning it as i was stuck on the wrong side of it affecting my everyday life as they put it.

 

Go to citizens advice or similar and see if they will help you with your case, not sure if you could also get legal help with it via legal aid.

 

Don't be afraid to mention anything what is the truth it's not your fault they don't take into account that your condition may worsen.

 

I was told after I lost my appeal that I could reclaim provided "there was/is a worsening in your condition" which from what you have posted is the case, so worst case scenario claim again stating the above. Hope I never have to encounter Employment and (no) Support Allowance again.

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  • 2 weeks later...

Hi to all, just wanted to thank everyone for all help, info & reassurance especially honey Bee whos advise deemed invaluable. So i had my tribunal on friday, I won!! I went in with 0 points and came out with 45!! I was so so pleased and utterly relieved its over and in my favour!

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Hi to all, just wanted to thank everyone for all help, info & reassurance especially honey Bee whos advise deemed invaluable. So i had my tribunal on friday, I won!! I went in with 0 points and came out with 45!! I was so so pleased and utterly relieved its over and in my favour!

Holy oh my god. This is one of the biggest screwups I've ever heard of. I am so pleased for you, please, revel in this. All the crap they put you through, now you have proof that not only did they get it wrong, they got it monumentally wrong.

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