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    • I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts?  
    • I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.    From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator."   From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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MS ESA and 'Next Step'?


eskimoman
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Hi

 

I was diagnosed in January as having MS (multiple Sclerosis).

 

This has been confirmed and i am being designated an MS nurse (due to home visit me at the end of the month).

 

I have been on (and still claiming) ESA for nearly 2 years due to panic attacks and hyper tension/anxiety.

 

I basically have severe problems with dealing with the outside world. I am at home virtually all the time and only ever go out locally to shop a little or go to my doctors/clinics.

 

When I was last called in to the Job Centre for the 'How are you doing and how we can help you' meeting, I brought them up to speed on my new situation re the MS and I was told that I need a skills assessment for a venture of theirs called 'Next Step'.

 

The letter I was sent later headed as follows:-

 

Dear Mr #######

You have been referred to the following opportunity: NEXT STEP

 

You Should report to:

Next Step Admin Team

PROSPECTS SERVICES LTD

[local Job Centre Address]

---------------------------------

 

My problem is this:-

a) I know nothing about this 'Next Step' program of theirs and why they are giving it to people on ESA. Is it mandatory?

 

b) Psychological aspects aside (and they are real) my ms in itself has caused many random disfunction in my body including involuntary bowel movement and even my entire leg going completely numb also heat spots, muscle spasms and brief pain spikes (brief at the moment that is).

 

I am just curious as to how this will play out re the job centre. I don't want to put myself in any jeopardy re my claim.

 

Also I have been waiting well over a year (nearly two) for mental health care team help (Community Recovery Service), this is now coming through and I am due a home visit via these people soon.

 

In light of my situation I would like to know more of where I stand with the JC regarding this new 'Next Step' plan for ESA people.

Can they enforce such procedures as to put somebody back into the public sector while on ESA onto a program like this when they are not fit psychologically (let alone physically) to do what it seems they require?

 

Would greatly appreciate any help with this. Thank you.

 

*as nystagmite answered the dla/Ib question, i've edited that bit out.

Edited by eskimoman
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Hello and Welcome, eskimoman.

 

I've moved this thread to the Benefits forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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And is DLA applied on top of ESA or will I have to claim Incapacity Benefit first?

 

Incapacity benefit was replaced by ESA in 2008. You can claim DLA whether or not you calim ESA. You just need to prove that as someone with a disability, (your diagnosis is irrelevant) that you have care and /or mobility needs, which have lasted for at least 3 months and will last for at least another 6.

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Incapacity benefit was replaced by ESA in 2008. You can claim DLA whether or not you calim ESA. You just need to prove that as someone with a disability, (your diagnosis is irrelevant) that you have care and /or mobility needs, which have lasted for at least 3 months and will last for at least another 6.

 

Thanks for that info Nystagmite.

 

Still looking for anybody who has info on the 'Next Step' program for ESA people and whether it is mandatory or not.

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Thanks for that info Nystagmite.

 

Still looking for anybody who has info on the 'Next Step' program for ESA people and whether it is mandatory or not.

 

Hello there.Please bear with us until someone who knows is able to see your message. Weekends and long weekends are always quieter on the forums and you're asking a question that's pretty specific.My best, HB

Illegitimi non carborundum

 

 

 

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Thanks for that info Nystagmite.

 

Still looking for anybody who has info on the 'Next Step' program for ESA people and whether it is mandatory or not.

 

Prospects Services Ltd - who you refer to in your original post - provide 'Next Step' services on government contract. There's a bit of info here: http://www.prospects.co.uk/AboutUs/tabid/56/Default.aspx.

 

PSL appears to be a private company with government backing to deliver 'welfare to work' services. I'm not exactly sure what that entails, but an educated guess suggests it involves running classes and training programmes designed to assist benefit claimants back into work.

 

What it means for you personally - and other ESA claimants - I have no idea (and no idea if it's mandatory).

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Prospects Services Ltd - who you refer to in your original post - provide 'Next Step' services on government contract.

 

What it means for you personally - and other ESA claimants - I have no idea (and no idea if it's mandatory).

 

Thanks for the link re prospects services.

 

It seems strange though that they try to get people who are actually sick & claiming ESA back into work before they are ready. The MS aside (which is bad enough!) I am only JUST starting to receive the mental health counseling that I was put forward for over a year and a half ago (via my gp psychologist referring me to CMHT).

 

The pressure for people like myself who already suffer from anxiety/panic disorder is only worsened by such actions as these.

Edited by eskimoman
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Hi eskimo, You should seek welfare rights advice immediately.

MIND helpline will put you in touch with someone locally info below.

You notified the department of a Change of circumstances during a meeting with an advisor, and they should have either suggested you apply for a revision or supersession of the original award of ESA WRAG and consider the Support Group. (This is why you need WR help)

If this isn't possible because (there are many rules and regs depending on your case) the other option is to make a fresh claim.

I would highlight that you already notified the Dept of this Change giving the date and person whom you spoke to. Meanwhile you should be able to defer those work focused interviews with a letter of support from your doctor or Nurse, too sick to attend.

Contact Mind infoline 0300 123 3393

We are able to provide information on a range of topics including types of mental distress, where to get help, drug and alternative treatments and advocacy. We are able to provide details of help and support for people in their own area.

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and they should have either suggested you apply for a revision or supersession of the original award of ESA WRAG and consider the Support Group. (This is why you need WR help).

 

 

I spoke to the lady at the JC today via phone and she did say the WRAG was mandatory but that due to my circumstances she would send me out an appeal for the Support Group side of things. I will still have to attend the wrag in the meantime.

 

Your reply has helped me a lot though, thank you! :)

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I spoke to the lady at the JC today via phone and she did say the WRAG was mandatory but that due to my circumstances she would send me out an appeal for the Support Group side of things. I will still have to attend the wrag in the meantime.

 

Your reply has helped me a lot though, thank you! :)[/QUO

 

You only have 1 month from the original decision letter in which you can appeal or ask for a reconcideration, I think you will have to ask for a Supasession on the grounds your illness has deterioted.

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You only have 1 month from the original decision letter in which you can appeal or ask for a reconcideration, I think you will have to ask for a Supasession on the grounds your illness has deterioted.

 

When you say 'original decision letter' do you mean from the start of a wrag placement?

If this is the case I perhaps have about a week to get that into them.

It's shocking that they don't tell people at the initial stages when they are putting time limits on things like that.

 

Thanks for the advice re supercession. Does this mean update/amend a claim?

I don't think the ESA people are even aware of my MS yet (though the JC is).

Not really certain of the protocol for something such as this.

Should I phone them (esa) and bring them up to date or let the job centre handle it?

 

Again, many thanks for all your advices, i'm very glad that this site exists.

Edited by eskimoman
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