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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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ESA Reassessment????


Dilizjo
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It just gets worse:shock: they didn't even ring my number to cancel they rang my mother's where I used to live 12 months ago. they phoned me here at home to cancel the October appt so there is no excuse:mad2:

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:Hiya Dilizjo:

 

Just as well that :frusty: :frusty: :frusty: :frusty: are renewable!!!

 

'If tomorrow's still on ......' Chose those words very carefully before I typed them.

 

From a freedom of info response dated 25 September 12;

 

' ...... there are currently 11 recording devices, owned by DWP that are being used by Atos Healthcare for this purpose (recording messicals), of which 6 are currrently unfit for use.'

 

They then blather on about machines cadged from other sections of Work n Pensions and new machines on order. Same as they've been doing for the last six months!

 

Please don't give yourself a hard time about not coping with the stress. I've yet to meet meet anyone who copes 24/7 with the current mayhem and misery peddled by DWATO. My contributions to CAG are a legacy of my own and others' tears.

 

On the complaining front, I've had a partial success so I'll help if I can.

 

Be kind to yourself :couch2:, sincerely, Margaret.

Edited by **Margaret**
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I think a good look at the equality act 2010 might help , or might not, but Section 29 (3)

 

(3)A service-provider must not, in relation to the provision of the service, harass

 

(a)a person requiring the service, or

 

(b)a person to whom the service-provider provides the service.

 

harass being defined as:

 

(1)A person (A) harasses another (B) if

 

(a)A engages in unwanted conduct related to a relevant protected characteristic, and

 

(b)the conduct has the purpose or effect of

 

(i)violating B's dignity, or

 

(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B

 

I would suggest constant messing around for people who they know have problems satisfies the harrassment section and crappy service to us because of it.

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  • 2 weeks later...

Hi, another update....

Decided to ring ATOS today to see what the hell is happening. i explained everything and asked where my claim was. The girl who answered said she would phone my assessment centre to check they had sent the paperwork back and if they had she would push for a decision today.

 

I reiterated that my daughter would not be able to take any more leave to accompany me if I had to attend another appt before the start of the New Year, to that she replied that she thought I would not have to attend another one and if I did would I be open to having a home visit? Must say I was shocked at that suggestion knowing how difficult it is to get a home visit.

 

She said that she would hopefully phone me today with a decision, but I will not hold my breath......

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:Hiya Dilizjo:

 

Did you phone Bootle? Or the ever unhelpful desk?

 

Within the constraints of your privacy, I'm really interested in this one. So much easier to get a doc, complete with audio recorder, to your home than to get an audio recorder to your local assessment centre??

 

Specially as DWATO's freedom of info response to my enquiry as to how many audio recorders they've got access to is now more than a month overdue!!

 

There've been some instances recently, in my local area and on the internet, of DWATO giving up on recording if there's been a previous face to face messical. Not going to help me, cos I never had a face to face personal capability assessment, but might help you.

 

We wait, without bated breath, Margaret.

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Hi Starryeyes:-)

 

I phoned Bootle to speak to the 'Medical Examination Centres Service Delivery Lead' but she was unavailable when I rang so I imagine it was one of the team she leads I spoke to.

 

I am not very sure that they record home visits, if they don't and I have to have a face to face, which tbh is a stupid decision as their last report was overturned by a DM on reconsideration very quickly and my condition has deteriorated a great deal since, it is more important it is recorded.

 

As soon as I have any news I will let you know, If I do not hear today I will ring again tomorrow, if I do not get a feasible answer then I will contact their National Customer Relations Manager.

 

As you say We wait without bated breath, Dianne:grouphug:

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:Hiya Dianne:

 

Don't think DWATO have a clue whether domiciliary visits can be recorded. Their procedure is that they can't record home visits but :reallymadwoman: isn't the only person I know of who's been promised a recorded home visit!!

:???: You, me and them! Including Mark Hoban who appears to believe that claimants don't want the transcripts of recorded messicals!! www.bbc.co.uk/news/uk-19912820

No, I didn't understand the comment either.

 

Bye for now, :wave:Margaret.

Edited by **Margaret**
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:Hiya Dianne:

 

Don't think DWATO have a clue whether domicially visits can be recorded. Their procedure is that they can't record home visits but :reallymadwoman: isn't the only person I know of who's been promised a recorded home visit!!

:???: You, me and them! Including Mark Hoban who appears to believe that claimants don't want the transcripts of recorded messicals!! www.bbc.co.uk/news/uk-19912820

No, I didn't understand the comment either.

 

Bye for now, :wave:Margaret.

 

Listening to that Margaret that man hasn't got a clue........ in one breath he says the assessment needs improving and in the next he says it's ok:???:

 

I think what makes me furious with that report is that he says that claimants need to send their evidence in with their questionnaire, somebody needs to inform him we do but ATOS doesn't look at it....... They have had mine since April and only looked at it on November 9th Nov when I turned up for my cancelled yet again recorded assessment...

 

If by any chance I do get put in the support group I wonder if I will get any back pay and if I do from what date???????

 

I got a letter this weekend explaining sanctions if I do not turn up to WRAG interviews blah blah blah, even my WRAG advisor doesn't agree with me being in that group..... isn't it about time ATOS/DWP were given sanctions for their maladministration?

 

Still haven't had a phone call back so looks like I will be on the phone again tomorrow:frusty::frusty::frusty::frusty::frusty::frusty:

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by the way the recording equipment is quite big and also looks heavy. Given as well how fragile they seem to be with the breakages I suspect people waiting for a home recorded visit will be waiting a very long time.

 

Tell me about it!

RMW

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

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I have just phoned the Bootle office following up Monday's conversation with them. They confirmed that my file has gone to scrutiny and there appears to be a backlog but my file has been flagged as urgent, she said that she would ring me as soon as a decision is made.......

 

she also asked again if I still needed to have an assessment would I be happy to have a home visit. I replied that I would welcome that but only on the proviso that it would be recorded. According to her it would be as they have portable equipment.....

 

So yet again I am not holding my breath....

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: Hi Dianne:

 

Six (?) months and counting since their last attempt at re-referral scrutiny? Fingers crossed that this time an Astressor actually reads, and understands, your paperwork so your case can be 'passed' on scrutiny.

 

Home messical or recorded messical. :mmph: Whilst I acknowledge that some claimants will have to compromise, for me it's no contest! After twenty months of what Starryeyes is alledged to have said to a pinocchio, it's a case of once bitten, twice shy. And the silver lining in the black cloud? I'm getting technology literate. :cell:

 

Remember, patience is a virtue, Margaret.

Edited by **Margaret**
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OMG these people are totally unbelievable:frusty:

 

I rang them today to be told I had to have a face to face assessment,:sad: even after the assessor thought after looking at my file and evidence I wouldn't and it would be on 10th December 2012, I could not have a home visit as requested because I attended hospital appointments. I told them that I do attend hospital appts and so do the Dr, Nurses they are made with, I do not have an appt cancelled 6 times due to maladministration. I also reminded them that I did not request the home visit they suggested it themselves.:sad:

 

After reminding them that my daughter cannot attend an assessment with me till into the New Year due to work commitments they have agreed to to defer it till January.

I have now contacted my MP again and given him a full update so will wait and see what he comes up with. I am now putting in a complaint to both ATOS and DWP. Am also on the verge of contacting the press.

 

Really not sure how much more of this I can take now tbh, I have had a lot of stressful times in my life but this one takes the biscuit:-(

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:Hello Dianne:

 

Not entirely unexpected. I'm really :sorry: that Shatos are putting you through this stress, and the sheer frustration of trying to reason with them. We had a few days when Starryeyes genuinely didn't know whether it was her or pinocchio who'd got it wrong.

 

Good luck with the complaints, and try not to use all the :frusty::frusty:. Save a few for the rest of us. Don't let them nick all the biccies either!

 

Take care, Margaret.

Edited by **Margaret**
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Just thought I would let you all know that I have lodged a formal complaint to ATOS re their competence throughout my reassessment saga,:mad2: I sent a copy to my MP as well.

 

does anyone have the email address so I can send it to DWP as well please?

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:Hi Dilizjo:

 

Fraid Work n Pensions don't do electronic mails from claimants. Something to do with confidentiality n security issues.

 

Work n Pensions don't do complaints about Shatos either; at least not until the complainant's got to the end of the Shatos complaints procedure. Not for the faint-hearted! However, at the end of the day, they're supposed to be responsible for the actions of their obedient poodle and it doesn't do any harm to keep them informed. May even prove useful further down the line. Got me out of an alledged failure to attend.

 

So, where to send that letter?

 

Either, your local benefit delivery centre.

 

Or, there's an address in Jobcentreplus Service Standards at;

 

www.dwp.gov.uk/docs/dwp1018.pdf

 

Sincerely, Margaret.

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My complaint against ATOS is going nowhere fast - they don't keep to their own response times.

 

I have involved my MP (who did appear to be doing something but nothing has come of it) and copied that letter to DWP so they at least know there's a problem. I wanted them to be aware that the delay in arranging my assessment is ATOS' fault, not mine, and to have on record that ATOS' letters are taking weeks to reach me.

 

I'm having an enforced break from all this at the moment as I'm simply not up to dealing with it right now, but when I'm a bit better I will be pursuing ATOS, DWP and MP.

RMW

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

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OK guys, I received the appt letter for 10/12/2012 on Tuesday, as of today's date I have not received the promised letter from Bootle cancelling that appointment as promised by the team lead. I rang the Bootle office continually yesterday to receive the engaged tone, tried again this morning and it's the same. I honestly think they have taken the phone off the hook.

 

I rang the appointments line and they verified it was to be recorded, I explained the conversations I have had with Bootle and the promises of cancellation and written confirmation that have not happened.

 

They have emailed all the information over to Bootle and requested an urgent call back on Monday..... once again shafted by their incompetence. They are wearing me down now.... not too sure how much more of this abuse I can take.

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  • 1 month later...

Another update guys.....

 

I got a reply to my complaint today and to say the very least it is the usual drivel..... not worth putting up on here but here are a few points

Their records clearly state my assessment will be recorded, the delay is caused by the level of demand for available equipment, but I can take someone with me to take notes as an alternative if I wish......:shock:

 

There are only 2 recording machines held at Bootle, one of which is broken. these are to cover the North West........:shock:

 

Apparently ATOS only have the report made by their HCP from your last assessment to ascertain if you need another assessment, even if your previous assessment has been overturned by a decision maker at the DWP.....:roll:

 

That is just a couple of of statements made in the 3 page letter.

 

I rang the Customer Relations Manager that had sent the letter and went through it word for word, during that conversation I asked why Professional evidence had been ignored completely that was pertaining to my daily functionality when my file was sent for scrutiny in November..... He told me that my file had not been scrutinized since June, so I read the relevant document to him that had been written by my GP 6 months after my last assessment he agreed that it should definitely be taken into consideration and gave me a fax number to forward it to with a covering note. He said that if I have not heard anything by the end of the month to ring him and he will chase it up...... So the ATOS/DILIZJO saga is still very much ongoing:-x

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