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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (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; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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    • 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.

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IB to ESA migration


reallymadwoman
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Hi reallymadwoman:

 

For me personally, no news is good news. I'm in no hurry to darken their doors.

Nevertheless I fully understand that we all have different ways of trying to cope with this persecution.

 

On a practical note:

Several years ago, we had a ten months gap between an IB50 and seeing the Atossers. Jobcentreplus refused to issue a new questionnaire but accepted an up to date statement about changes in the claimant's condition. Sounds like you've got some very recent medical evidence to sling at them as well.

 

Wishing you luck with your complaint, Margaret. :drum:

Edited by **Margaret**
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What bugs me most is that it's a complete waste of time. If they're doing their job properly the doctor (it has to be a doctor for a home visit apparently) will put me in the support group in about 5 minutes flat, but they could just as easily do that from the medical evidence I submitted originally. It is obvious that no one has even looked at the ESA50 or the original medical evidence, not even the bit about any special arrangements needed for the assessment, so why bother asking?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I also think it's wrong that they are prioritising reassessment claims when there are plenty of people out there on the assessment rate way beyond the 13 weeks. They should put reassessments on hold whilst they get that backlog sorted.

 

It will probably be seen as a possible way to lower amounts payed out (even if only in short term)

 

Someone on ESA, get them on reassessment, possibility to get them of ESA onto JSA .

Someone on assessment is already on (equivalent) JSA payment rate.

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'special arrangements needed for the assessment, so why bother asking?'

 

A very good question to which I've yet to find an answer. Invariably, the appointment clerk's explanation is, 'I don't get to see the IB/ESA50'. :bored:

 

Margaret.

 

So I'll repeat, if the person booking the appointment isn't told of any special arrangements necessary, why bother asking?

It is a rhetorical question, but one I have asked ATOS though I'm not holding my breath for a reply.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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reallymadwoman:

 

Out of interest did you contact Atos electronically or via snail mail? Unless it was 2nd class snail mail they've missed another target! 'We will acknowledge your complaint within 2 working days', so says their customer service booklet. Yes, they claim to care about customer service.

 

Came across another 'we don't get to see ...... yesterday'. Nothing important, just a list of special arrangements for an assessment, sent directly from a decision maker. :ohwell:

 

Margaret.

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  • 2 weeks later...

Sorry I missed this before.

I sent my complaint via email and snail mail, and I thought ATOS had just acknowledged via email but as you point out, outside their 2 day target. However, I have this morning received a snail mail acknowledgement in a 1st class envelope, but dated nearly 3 weeks ago, and very interestingly, the day before I complained.

As well as being purveyors of miracle cures it seems ATOS are now claiming to be psychic.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:reallymadwoman:

 

Well ...... :debt4get: did notice a crystal ball on the Atosser's desk.

 

And they're making it up as they go along, again!!

 

Having jumped off the callcentre roundabout, I was wondering about the pros/cons of electronic mail.

 

Ten (ish?) working days left for them to explain their non-existest system? They're gonna need that crystal ball.

 

Thanks for the info. :panda: Margaret.

Edited by **Margaret**
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OK, ATOS are now clearly winding me up.

 

Every time I've contacted them I've given them an updated list of dates when I am not available for assessments due to other appointments etc. Every time they send an appointment its for one of the dates I'm not available.

 

And this time they've sent the appointment with only 3 days notice since their letter has taken nearly 2 weeks to get to me. It is once again a home assessment and it says it will be recorded. I'm almost tempted to say nothing and see if they cancel at the last minute again but that's probably just inviting problems. I know they're obliged to give 7 days notice but how do I prove the short notice?

 

This is clearly a well-planned campaign to either drive me completely insane or into an early grave.

 

I've decided to cancel via email. If it doesn't get forwarded to the right person it's not my fault is it?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Well that worked. I have a response already, and not just an automated acknowledgement. Of course I still have to wait for confirmation that the appointment has been changed (again) but at least someone appears to be awake in ATOS land.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:Hi reallymadwoman:

 

Well done you for getting a response from the Atossers. :nod: Spect it'll be a stressful wait for yet another appointment. Here's hoping that this time they finally manage to get a doctor, with an audio recorder, to your home on a date and at a time that you've agreed to.

 

Still considering the electronic mail malarky for when they catch up with me again.

 

Best wishes, Margaret.

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OK, ATOS are now clearly winding me up.

 

Every time I've contacted them I've given them an updated list of dates when I am not available for assessments due to other appointments etc. Every time they send an appointment its for one of the dates I'm not available.

 

Send them dates when you're available and see what happens...

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  • 3 weeks later...

Still no

 

1. confirmation of cancellation of the appointment, but no clue as to whether the doctor turned up or not either

2. response to my complaint, now well outside their 20 day target

 

I was going to add that when this is all over I'll post up edited versions of what I've actually said to ATOS, but of course it won't ever be all over since no doubt as soon as this one is sorted I'll be sent another form for another 'assessment' with all the same problems all over again. It's really tempting to just throw in the towel and close my claim.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:Hiya reallymadwoman:

 

Just to let you know that I've noted your non events. Nowt useful to say so;

 

:frusty: :frusty: :frusty:. Frusties shall speak louder than words.

 

Hope you hear something soon.

Best wishes, Margaret.

Edited by **Margaret**
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A response to my complaint has been received, hence the sleepless night.

 

I am absolutely furious. It is full of lies, completely inaccurate and written in an extremely patronising pat on the head don't worry dear tone. I have responded with what amounts to an invitation to dig their hole a bit deeper.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:Hiya reallymadwoman:

 

Sounds par for the course. Would you like another :frusty: or should we just :peep:.

 

First time we complained to the Astressors was 2008 when an astressor with an attitude problem made the right recommendation to the decision maker for all the wrong reasons! Reply was a patronising; there there dear, don't worry about it. Mistakes and mis-interpretation of mental health descriptors? They couldn't have cared less.

 

This time last year we had to make them care cos of an outstanding appeal. Ten months, dozens of letters, and a formal statement from the pinocchio later, we received their final response. The upheld part of the complaint can be summarised as;

 

The pinocchio made mistakes with basic anatomy and mis-interpreted mental health descriptors because she may have misunderstood what the claimant said.

 

Unbelievably, from the final para of their response;

 

'I ...... hope that any future dealings that you may have with our service will not give cause for concern.'

 

Back to one of the themes of this thread:

 

Audio recorded messicals may, or may not, improve the integrity of the Astressors and their pinocchios. Tis my sincere belief that recorded evidence will help claimants and appellants to dispute the findings of a pinocchio's report. And if we're really lucky, avert a few angst ridden tribunals.

 

As you've found out, complaints to the Astressors, like requests for audio recorded messicals, are dammed hard work, frustrating and incredibly stressful. As I've said many times, each of us has to do what's right for us at the time. For the mo I'm out of energy for complaints. Should the Astressors fall into your hole, I'll gladly help you to fill it in.

 

Sincerely, Margaret.

Edited by **Margaret**
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Having had a long conversation with hubby and daughter today we've decided that we'll continue (and it is we cos they get to listen to me moan) with the ESA claim until the ATOS complaint has run it's probably useless course and then re-evaluate whether the money we can manage without is really worth all this hassle.

 

Of course once this one is 'over' it'll be on to the transfer to PIP.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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