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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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Hello, new to here so hope someone can help me.

 

I received my letter this morning telling me that i failed the interrogation and am fit for work. I have suffered with depression and anxiety for a number of years, and am currently on medication and attending counselling. I was also recently diagnosed with insomnia. I scored a big fat 0 :| .

 

Does anyone know what the next steps are? I read somewhere a while go that you can 'demand' to be put back on the assessment phase rate whilst your appeal goes through. Does anyone know if that's true?

 

Thanks for your help.

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Hello there and welcome to CAG.

 

If you're on ESA, I believe they are obliged to pay you the assessment rate.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Whilst you are appealing Matt you will be put on assesment rate.you dont need to demand this it will be done,unfortunatley it will be a reduction in benefit but at least you will have something coming in.

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Hello there and welcome to CAG.

 

If you're on ESA, I believe they are obliged to pay you the assessment rate.

 

My best, HB

 

Thanks HB.

 

Do you know how to go about this? They have said i need to appeal within 1 month. I doubt i will even have my medical report by then as they say i have to write and request it. If i put that i expect it within 10 working days, do they have to stick to it? I'm sure many people are aware of the DWP's incompetence with administration. For example they have sent me the wrong 'if you think our decision is wrong' leaflet. Doesn't fill me confidence when i need to request something back from them!

 

Thanks again.

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Whilst you are appealing Matt you will be put on assesment rate.you dont need to demand this it will be done,unfortunatley it will be a reduction in benefit but at least you will have something coming in.

 

That would be fine as long as i cn pay the bills! Should i put that in this letter just in case or do they hve to do it anyway?

 

Thanks Roz.

 

Also is 'asking them to reconsider' the same as an appeal?

Edited by Mattc2012

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That would be fine as long as i cn pay the bills! Should i put that in this letter just in case or do they hve to do it anyway?

 

Thanks Roz.

 

Also is 'asking them to reconsider' the same as an appeal?

 

My understanding is that there are 2 stages to the appeal. First, you ask for the DWP's decision to be reconsidered by one of their decision makers. If that goes against you, then you are in the tribunal system for a hearing by an independent panel, the second stage.

 

HB


Illegitimi non carborundum

 

 

 

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I have suffered with depression and anxiety for a number of years, and am currently on medication and attending counselling. I was also recently diagnosed with insomnia. I scored a big fat 0 :| .

 

Does anyone know what the next steps are? I read somewhere a while go that you can 'demand' to be put back on the assessment phase rate whilst your appeal goes through. Does anyone know if that's true?

 

Thanks for your help.

 

Appeal and if you can enlist welfare rights, the CAB or charity like MIND or DIAL for advice and assistance.

 

It's not essential but if you can get the help then do it!

 

With reference to HBs' post you can ask for 2 things a RECONSIDERATION or an APPEAL; a reconsideration is where they look at the decision using the evidence provided again.

 

We generally advise that you lodge an appeal; as part of the appeals process is an automatic reconsideration which if the answer comes out the same it just then gets passed to the Tribunals Service where the appeal will eventually be heard.

 

By all means go for a reconsideration if and only if you think that you have a rock steady case plus the ability or evidence to back that up. If you go this route and the results the same you can then lodge a formal appeal.

 

Note you will only be paid the assessment rate once a valid appeal is accepted (please see the stickies for how to do that) and no payment is made during a reconsideration.

 

You also need to start asking your carers/health professionals you see for documented evidence to back you. Most will give this freely, if not you have to convince them that the DWP will not be contacting them and the likely hood of you winning an appeal is greatly diminished.

 

Something I've learnt today (which is why I have underlined & bolded part of the quote above) is that unless you are actively receiving or looking for treatment the DWP is now taking a very hard stance on this. No treatment = no problem as if you had a problem you would be actively taking steps to get treatment.

 

So the welfare rights person informed me today and today has been a very hard day.

 

Edit: - You can just call the usual ESA general number and request a copy of the ESA85 (ATOS Medical Report) mine arrived 2 days later.

 

Also you need to provide valid Fit/Sick notes for the period of the appeal - your 1st one should be back dated to/from the date of the DWP decision.

 

 

Edit 2 - If you are receiving any other benefit it is advisable to check with them (not ESA) if you need to inform them of this change. i.e. ESA stopping. Council Tax/ Housing Benefit / Local Housing allowance will/may suspend payments until you inform them & it may also have an effect on other benefits as well. You may get more or after a simple fill in a form have your rent paid on time. Either way it's a no brainer.

Edited by speedfreek

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Guys, there seems to be some confusion regarding the ESA Appeal process here.

 

I'm on my second Appeal, having won my first Appeal a while back.

 

MissPinchie and Mattc2012 -

 

Forget asking for a reconsideration. The DWP will carry out a reconsideration automatically, when you send in your GL24 form, and request your Appeal.

 

Keep it simple.

 

1 / Download the GL24 Appeal form, and print it off from here -

 

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017514

 

2 / Keep your 'reasons for appealing' on the GL24 form brief. Outline your health condition, and state that the Health Care Professional at your Assessment made the wrong decision in deeming you 'fit for work'. State that you will forward supporting evidence, once you have it;

 

3 / Send it Recorded Delivery to your DWP Benefit Delivery Centre;

 

4 / You then have a good six months within which to gather your supporting evidence (GP's letter; Your own personal submission (See Honeybear's link for help with formatting your letter));

 

5 / As 'speedfreek' above points out, you MUST continue to send in Doctor's Notes. These must run concurrently while you wait for your Appeal Hearing.

 

Don't let it get you down.

 

It's the system, and it's out of our control.

 

Around 60 - 70% of claimants are winning their ESA Appeals, with representation.

 

It's a waiting game, and the more prepared you are (ie - armed with supporting evidence of your health condition), the more likely it is that you'll win your Appeal.

 

For representation, seek help from your CAB / Mind as 'speedfreek' has suggested.

 

Good Luck both.

 

:)

Edited by lee100
  • Haha 1

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I did tell them,and showed them,I was on anti d`s. I just can`t understand how someone can decide after a short amount of time that you are fit for work.

 

2 things here;

 

1, pills and potions are okay but you have to be now actively receiving/seeking help. If you are currently not receiving and extra help I suggest you visit your Doctor and insist on a referral to a specialist.

 

2, If your ESA85 states (who interviewed you at ATOS) anything but Councillor/Psychiatrist/specifically mental health trained (not the ATOS version of it) then they are very easy to discredit.

 

These are the thing I've learnt today off 1st my doctor; who gave me the ability to self refer myself today to the mental health team (been asking for months for this) and from the excellent welfare rights person who successfully did my 1st appeal and is currently writing up my second. He couldn't stress enough how important it is for me to get this in place. Without it and the evidence which will come from it they basically told me I would have little no chance in a tribunal.

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Thank you all very much for your advice and support. It's reassuring to know that it's not just me they're picking on, as that's how they make you feel.

 

@LEE100 Is it ok to send a letter instead of the form, as long as it states it's an appeal? (My printer is broken)

 

@MISSPINCHIE Keep strong and don't let this [edit] bring you down. I know how frustrating it is dealing wuth them, they offer you no help whatsoever. I can also sympathize with not leaving the house on bad days. Social anxiety didn't seem to register with the nice-as-pie ATOS 'professional'! I would call this system a massive joke, if it wasn't leaving genuinely ill people on the floor to fend for themselves. I hope you mnage to get sorted soon, and try to keep smiling! :)

Edited by honeybee13
Removing problem words.

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@LEE100 Is it ok to send a letter instead of the form, as long as it states it's an appeal? (My printer is broken)

 

I don't think you have to use the GL24, I'm sure people here have sent letters instead.

 

HB


Illegitimi non carborundum

 

 

 

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Hi Mattc2012

 

Yes, a letter stating that you wish to appeal against the decision is fine.

 

As Honeybee13 has correctly stated, other people on here have sent letters to the DWP BDC, and they were accepted without issue.

 

Good Luck.

Edited by lee100

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Thanks Lee and HB. Just spoke to a very nice woman at the DWP (for the first time ever!) who said that if i get it in by early next week, my payments will not be affected. I'm a little more at ease than i was yesterday. I've also requested my ATOS medical report, which should be with me next week. I'll keep checking back with updates if anyone else is in a similar situation. Thanks again for ll your help guys. :)

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Great to hear Matt!

 

I'd ask your local JCP, if they can post your letter through their internal mail system (and scan it on their system, so you have proof of receipt) at the JCP.

 

You have to call your BDC and make an appointment at your JCP first.

 

Your BDC may try and fob you off, saying that they don't do this anymore / only in emergencies.

 

If you stand your ground, and emphasise that it is an emergency that you get your letter scanned at your JCP / posted by them, they may well grant you an appointment for tomorrow.

 

Good Luck.

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Oh ok that's handy to know Lee thanks. They have actully offered to put something in their internal mail for me before, but they didn't scan it in. Will get on to that this afternoon :)

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Hello,

 

First off thanks to everyone who helped me on CAG through the ATOS assessment and appeal process. Unfortunately, despite your tips and advise, i still had my appeal swiftly refused.

 

Ok please bear with me here as i want to include as much info as possible!

 

My ATOS medical was carried out on the 9th January 2012. I scored nil points. The decision to stop my ESA was confirmed by the DWP on 30th January 2012. I then appealed this and continued to receive regular payments until my hearing on 9th August. Before the hearing, i went to my local CAB, who advised me to re-apply for ESA immediately after the hearing, if it was refused. It was of course refused, so i reapplied a few days later via post. Now, i have recieved 2 unexpected ESA payments since i reapplied, so i assumed everything was ok with my new claim, and payments would just carry on as normal. However i have now received a letter stating that my ESA has been stopped from the 22nd August 2012 (But the last payment i received was on the 4th September?) I am now concerned that i will not receive any further payments.

 

Does this mean my new claim will be dismissed as my old one was still active? Or will my new claim still be processed? If this is the case, does anybody know what happens to payments, i.e will they continue as normal? HB has also wrote to me saying that this has also been suspended. I'm just sick of them all to be honest.

 

Any help would be greatly appreciated. Thanks muchly. :???:

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However i have now received a letter stating that my ESA has been stopped from the 22nd August 2012 (But the last payment i received was on the 4th September?)

 

Your ESA is paid in arrears. The payment received on the 4th was for the 22nd August.

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Thanks Nystagmite. Do you know whether my new claim will go through or whether i need to apply again?

 

Also, does this letter mean that the tribunal has only just let them know the outcome of the hearing, So i won't owe them these last 2 payments?

Edited by Mattc2012

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Your new claim should go through as a matter of course. However, if you are concerned in any way, simply give your BDC a quick call tomorow to see how everything is ...

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