Jump to content


  • Tweets

  • Posts

    • Please see my witness statement below.  Please let me know what modifications I need to apply.  I haven't included anything related to "administrative charge while paying by credit or debit card" as I wasn't sure if I should include since sign says "it may apply"   Background  1.1 Defendant received the Parking Charge Notice (PCN) on the 06th of November 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.    Contract  2.1 No Locus Standi, I do not believe a contract exists with the landowner that gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” From PoFA (Protection of Freedoms Act) 2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-  (a) the owner or occupier of the land; or  (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44  For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.    Illegal Conduct – No Contract Formed  3.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.  3.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.  3.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.  3.4        I also do not believe the claimant possesses these documents.    Unfair PCN  4.1         As stipulated in Exhibit 1 (Pages 7-13) sent by DCB Legal following the defendant’s CPR request the signage displayed in their evidence clearly shows £60.00 parking charge notice and will be reduced to £30 if paid within 14 days of issue. The defendant puts it to the claimant a request for strict proof when the signage changed to show £100.00 parking charge as the evidence provided by DCB Legal stipulated £60.00 parking charge was indeed the parking charge at the time defendant parked and included in Exhibit 1   4.3        The Claimant did not respect PAPLOC   4.4        It is also unfair to delay litigation for so long and claim nearly four years' interest.    No Keeper Liability  5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.  5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.    5.3        The claimant did not mention parking period instead only mentioned time 20:25 which is not sufficient to qualify as a parking period.   Protection of Freedoms Act 2012  The notice must -  (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;      No Breach of Contract  6.1      No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY.  6.2        The wording “Electric Bay Abuse” is not listed on their signs nor there is any mention on the contract of any electric charging points at all let alone who can park there or use them.    Double Recovery  7.1        As well as the original £100 parking charge and £50 allowed court/legal costs, the Claimant seeks recovery of an additional £70.  7.2        PoFA Schedule 4, paragraph 4(5) states that “the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper”. Which in this case is £100.  7.3        The Parking (Code of Practice) Act 2019 is also quite clear that the maximum amount recoverable is £100.  Government ministers and government web pages explaining the Act refer to extra charges as "a rip off".  7.4        Unless the Claimant can clearly demonstrate how these alleged additional costs have been incurred this would appear to be an attempt at double recovery.  7.5        Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery i.e. Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since the sum £85 was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of all the letters. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court V Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practise continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (...) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6        In Claim numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain Hamilton-Douglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. District Judge Taylor echoed earlier General Judgement or Orders of District Judge Grand, stating “It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgement in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for a addi8onal sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998.  7.7        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.  7.8        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).  7.9        The Defendant is of the view that the Claimant knew, or should have known, that to claim in excess of £100 for a parking charge on private lands is disallowed under the CPRs, the Beavis case, the PoFA AND THE CRA 2015, and that relief from sanctions should be refused.    In Conclusion  8.1        I believe the Claimant has got use to intimidation tactics and has got greedy. I believe the truth of the manor is the Claimant has used bullying tactics successfully for too long and is therefore assured that innocent drivers will fall into the trap of paying rather than going through the hours it takes to defend themselves. In the process, wasting the time of the Court, the time of the Defendant and everyone else who has advised the Defendant, out of sheer decency to help have a fair hearing and see justice delivered.  8.2        I am still in disbelief that I am being heard in this court, defending myself nearly 4 years after receiving a charge through my door. I have had to spend weeks’ worth of my life studying the letter of the law in order to defend myself from this ridiculous attempt at a swindle.  8.3        I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 
    • 'I thought why don’t we give it a try?' said student Swapnil Shrivastav, after inspiration struck during water rations.View the full article
    • honestly he/she just makes these ppc look so stupid everytime   fairplay lfi
    • Women share their stories of how they feel renting has held them back in life.View the full article
    • First, the Entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract. so it only  is an offer to treat.  Second, the sign does say % hours free without mentioning that it is also the maximum time one can stay. it would be logical to presume that there would be a fee for staying longer-but not £100. Looking at the PCN-as usual it does not comply with the protection of freedoms Act 2012 Schedule 4. First it does not specify the parking period since their figure includes driving from the entrance to the parking space, then later driving from the driving space to the exit. Second it does not inform the keeper that the driver is expected to pay the charge Section 9 [2]] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; What that means is that you as keeper are no longer liable to pay the charge-only the driver is. As anyone with a valid insurance can drive your car they will have difficulty proving who was driving especially as you haven't appealed. In addition the Courts should your case get that far, do not accept that the driver and the keeper ae the same person. So just relax and ignore all their threats even from their unregulated debt collectors and sixth rate solicitors.  Just do not ignore a Letter of Claim if you get one of those-come back to us so that you can send a snotty letter.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ESA Daughter WRAG


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4035 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Daughter been in WRAG group since end of last year she as mental health, she left work in August 2011, she had been struggling to maintain a job. Since being placed in WRAG she as been diagnosed as Bipolar and after many tests etc starts on 3 lots of medication under mental health in 3 weeks.

 

My daughter is supported by us but lives alone in a 2 bedroomed house she is 25. Most of the time she is very low but she also as highs but not that often.

 

She as seen Job Centre Plus once, they made her another appointment then changed it to end of July, since then they have changed it again back to June we thought this letter was an overlap so ignored it, Job Centre rang and were very snotty about her failing to attend and said the appointment was most urgent as it is a interview. Swapping appointments left right and centre is a great way to push someone over the edge with mental health.

 

We recently appealed low rate care disability and the notes from her ESA interview was sent back with the papers the Nurse who carried out the interview recommended a return to work within 6 months, this is ridiculous, my daughter as not even started on medication yet and lacks any form of motivation. We have appealed her being in the WRAG group 2 months ago I rang them Friday they said they cannot say when this will be dealt with.

 

My daughter is in no state to keep attending any form of interviews at Job Centre Plus, these ESA`s are not fit for purpose and being in the WRAG group and all the stresses with it are making my daughter much worse, these at DWP do not understand the different effects of mental health they effect each individual differently yet they are grouping them all the same.

 

My daughter should be exempt from being in the WRAG with how she is, she is getting so upset about having to attend an interview this Wednesday, yet I assume if we do not somehow get her there her ESA will be stopped?

 

I do not know what to do next she is at Mental Health in 2 weeks they said at her last appointment she is a danger to herself and others if she worked.

Link to post
Share on other sites

  • Replies 208
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If her GP is supportive (or even better, someone from the Community Mental Health team), get him to write a letter saying that having to attend the interviews is seriously detrimental to your daughter's health, and they should back off. If they can include the 'danger to herself' comment, that would also make excellent evidence to ask for a supercession on her DLA claim as her condition has worsened.

RMW

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

Link to post
Share on other sites

Are job centre aware of this?

 

 

 

Yes they are Nystagmite, ( read lots of posts on internet though where the DWP seem to be ignoring the rules when they got someone whose condition could be made worse by the interviews) first time I went with my daughter to see the advisor he was sympathetic (Well seemed to be as I was there) and said he could see how she was, when I rang him to say she had received a diagnosis and that I had appealed for her to be considered for the support group he said "Oh I might just see her this one last time and then leave her for 6 months" then he cancelled the June appointment and made it July then he sent another June appointment which I assumed had crossed in post from the previous cancellation. He then rang up Wednesday being really snotty with my daughter she was very upset he said "Where are you I could stop your money you have missed your appointment" daughter said she wasn`t aware she had one till July.

 

Is there any wonder mentally ill people are made worse swapping and changing appointments till they are that confused. The advisor as left a note on my phone "You need to contact me urgently with reference to your daughter`s work related activity" rang and hese not available do to interviewing we to try and ring him Monday grrrrrrrrrrrrrr

Link to post
Share on other sites

If her GP is supportive (or even better, someone from the Community Mental Health team), get him to write a letter saying that having to attend the interviews is seriously detrimental to your daughter's health, and they should back off. If they can include the 'danger to herself' comment, that would also make excellent evidence to ask for a supercession on her DLA claim as her condition has worsened.

 

Thanks reallymadwoman so fed up with DWP they seriously overstepping the mark with the mentally ill, my daughter should have been in the support group, when I went for the ESA interview with her the Nurse never even asked about dangers etc but we have noticed she answered herself as "No dangers" also she put "Not on any meds" then in another place "Takes meds regularly" beggars belief. They do not do a proper interview ask the questions they should and fill in the blanks with their own answers totally out of order

Link to post
Share on other sites

I am not sure about this but as the "danger to ..." comments seem to fit the exceptional circumstances for ESA Support group I would wonder if something could be done about that?

Link to post
Share on other sites

The phone call route seems a good way to start then but if she is thought to be a danger to herself and others it begs the question that I have been floating around before about being too ill to participate in WRA and whether another sick note would work...or if not what? It does not have to be a mental illness issue but it must come up I am sure...people are on ESA for a reason and that may mean flare ups.....:?:

Link to post
Share on other sites

I am writing to my MP this morning just spent a few days in London with him he is very supportive, going to write to Mental Health as she not due there for another 3 weeks. Yes she will have to comply with Job Centre Plus but she is refusing to come out of the house. This WRAG is not fit for purpose, DWP do not understand what they are doing to people suffering with mental health, they should hang their heads in shame.

 

No wonder she as been pushed to the limit she as had 3 changed appointments in 3 weeks and only 4 days notice to come to one this week and we are at the hospital so that is going to upset Job Centre Plus when I finally get through to them been trying since Friday.

 

This is dreadful, if my daughter ever harms herself and becomes another one of the sad statistics they will hear from me loud and clear I promise them that. Thanks for all the advice etc it is very much appreciated and needed right now

Link to post
Share on other sites

Job Centre Plus got in touch with me the advisor said he had listened to my request, that to carry on with the appointments would affect my daughters health and he had talked to his manager about this and she had insisted that the appointments had to be endured to and could not be postponed. I was furious, mean while my MP had contacted them and the advisor rang stating he did not want to see my daughter for another month and that he would be letting the work related group/company know that she will be sent to, that she as got "Serious limitations" he said he felt in a terrible position as rules had to be adhered to and that it was about targets I said I knew that the targets were of prime importance and that the mentally ill were being failed and seriously let down.

 

My MP as also contacted DLA and said they should not rely only on the evidence of a ATOS nurse to determine the rights to DLA and at the correct rate, and that they should have attempted to contact my daughters GP or Mental Health Pshyciatrist. My daughter as now received a letter off DLA stating that they are writing to her GP to see if they can reverse their decision, I am confused about this as I thought we had reached the end of the line and that it was now going to Tribunal.

 

My MP then wrote to ESA and told them they not fit for purpose and that the mentally ill are being failed and that a 21 minute assesment by a Nurse could not possibly give an insight into the depth of mental health. He told them to look into my daughters case as a matter of urgency, as when I rang them they said they cannot give any indication when my daughter`s case will be reviewed.

 

Mental Health have sent a letter don`t know if this carries any weight "To Whom It May Concern" The above patient was recently diagnosed with Bipolar Affective Disorder, she has been under the local Mental Health Team since January. It is essential that Miss ********** is adequately supported in the community to prevent risks regarding her Mental Health.

Link to post
Share on other sites

I really do not understand why your daughter is in the work related group.

 

I'm sure (please do not quote me on this) that if someone is too ill now, the work focused interviews can be postponed until a later date.

Link to post
Share on other sites

I really do not understand why your daughter is in the work related group.

 

I'm sure (please do not quote me on this) that if someone is too ill now, the work focused interviews can be postponed until a later date.

 

Nystagmite I quoted that very phrase to them about carrying on with the work related interviews in her present condition would be detrimental to her well being and asked them to postpone till she was due to see Mental Health on the 16th July, this request was turned down then bang MP intervenes and now we can postpone for a month, seems like a case of not what you know which didn`t wash with Job Centre Plus, but who you know did. I also said to him I cannot wait for the outcome of the challenge being made in the High Court about the way ESA treats people with Mental Health problems, as no consideration or understanding is apparent.

Link to post
Share on other sites

Your daughter will get put in the support group IF the community mental health team, or her GP or consultant writes "this lady is not in a position to hold down employment as not only she a a danger to herself, she is a serious risk to everyone around her". Don;t think for one minute they care about the danger to herself, but they will care about the risk to everyone around her. This I know because it is what was written about me which got me into the Support Group. It is a true statement about me, and as I have several friends now with bi-polar, I can bet a pound to a dollar it is true about your daughter.

 

I wouldn;t be at all surprised to hear that your daughter had a complete bi-polar "s*** fit" whilst in these awful jobcentres. And neither would I be surprised she had then been put into the correct group. It would educate every member of staff working that day in the true meaning of "bi-polar" Geez, what it takes to get these people to realise that mentally ill people are just that....!

Link to post
Share on other sites

Your daughter will get put in the support group IF the community mental health team, or her GP or consultant writes "this lady is not in a position to hold down employment as not only she a a danger to herself, she is a serious risk to everyone around her". Don;t think for one minute they care about the danger to herself, but they will care about the risk to everyone around her. This I know because it is what was written about me which got me into the Support Group. It is a true statement about me, and as I have several friends now with bi-polar, I can bet a pound to a dollar it is true about your daughter.

 

I wouldn;t be at all surprised to hear that your daughter had a complete bi-polar "s*** fit" whilst in these awful jobcentres. And neither would I be surprised she had then been put into the correct group. It would educate every member of staff working that day in the true meaning of "bi-polar" Geez, what it takes to get these people to realise that mentally ill people are just that....!

 

Hi

As my daughter as only been seen twice by mental health and this was before a diagnosis was confirmed doubt they could say that or the GP she as never been violent but she gets very agitated and can be challenging, we have never got to the point of filling in papers or CV`s which I hear they have you doing at the work related interviews, this would totally freak her out, and offend me as she not handle this pressure. The cheek of the advisor he said "By all means we do not mind you accompanying her to the interviews but we are short of space" I bet they would love the Mentally ill to attend alone (As if they could)they would have them agreeing to anything beyhond their means. The sooner they have a massive shake up of ESA/ATOS the better it will be for all concerned, the fear of god that is put into the Mentally ill is an absolute disgrace and miscarriage of justice

Link to post
Share on other sites

... My daughter as now received a letter off DLA stating that they are writing to her GP to see if they can reverse their decision, I am confused about this as I thought we had reached the end of the line and that it was now going to Tribunal. ...

 

Your daughter certainly seems to be going through the mill, Laura. I wish I could help more but, unfortunately, I know virtually nothing about mental illness. I can help you a bit with this little area though. The DWP Decision Makers, be they ESA or DLA, can change and overturn their decision at any time up until the Tribunal. So them writing to your GP for further info is a good thing. If it's not too late, I would make a quick appointment with the GP to let them know and have a chat before they wrote back. It all helps.

Either things have changed drastically over the last 12 months or so, or it's really the luck of the draw of where you live, but I had none of these problems with the DWP. Never too much trouble to cancel an appointment when I got hit with chest infections, always offered a phone chat instead as long as I was well enough for it. I dread to think what I've got coming this time round! :madgrin:

Edited by RaeUK
Link to post
Share on other sites

Keep a very good eye on her at the job centre even though she has never had a violent episode.

 

I have PTSD which although well controlled now with medication and bloody mindedness (I am in charge brain, not you!) can make me go up like Vesuvius. Its because if I have an episode, its a fear related thing, I get flashbacks, and good lord all hell lets loose. The Job Centre actually caused this to happen on one occasion. 3 years ago when i was really, really bad with it, they insisted I attend some sort of disability focused interview at a local Holiday Inn of all places. I had to sit in the cafe area with all the business men and holiday makers booking in and out and getting coffee, sobbing as i was so ill, confused and frightened. How embarrasing. Of course, the fear of strangers completely took over and the two women interviewing me must have thought I was rabid! Fortunately one of them had experience with mental health and got me out of there. After that, I only ever went back to the job centre twice, both times I was seated in a quiet area (if there is such a thing), and a very pleasant and calm older lady came and got me. And then escorted me off the premises to make sure i was ok.

 

I have several friends, all in their late 40's early 50's who have bi-polar. I'm really pleased to hear your daughter doesn;t have the anger problems. But they can be a part of bi-polar, and being at the job centre and being put under stress can be triggers. And also the bi-polar blow ups that I have had to deal with with one particular friend was because she was one of those who felt better mentally on her meds, but hated the side effects (wieght gain) so left off them thinking she was cured, then hey ho, here we go again. She's only 5ft 2" but when she goes off on one she has the strength of ten men. Its much better today, but 6 years ago she used to frighten the hell out of me. At her very worst we believe it was to do with the menopause aggravating her condition, HRT sorted that out, and then things calmed down again. Today she runs her own hairdressing business (qualified two years ago!). Yes, its safe to let Susie near the scissors again! So, that just shows you about not writing off mentally ill people! (And older ladies)

 

Its good you go to the job centre with her, but I expect, had she to go alone, she might well be adversely affected by it, frightened even, and its that sort of thing that starts the problems off with the mental health side of things. I really hope she gets it sorted. I would say, remember that even though she does not display the angry side of bi-polar, it is a characteristic of the condition, so a psychiatrist describing it to DWP in a report might well include this as a possibility.

 

Sure as eggs is eggs she's in the wrong group and i really hope this gets sorted quickly (and that DWP staff get some basic training into what mental illness is rather than having to rely on their customers to give demonstrations).

Link to post
Share on other sites

Your daughter certainly seems to be going through the mill, Laura. I wish I could help more but, unfortunately, I know virtually nothing about mental illness. I can help you a bit with this little area though. The DWP Decision Makers, be they ESA or DLA, can change and overturn their decision at any time up until the Tribunal. So them writing to your GP for further info is a good thing. If it's not too late, I would make a quick appointment with the GP to let them know and have a chat before they wrote back. It all helps.

Either things have changed drastically over the last 12 months or so, or it's really the luck of the draw of where you live, but I had none of these problems with the DWP. Never too much trouble to cancel an appointment when I got hit with chest infections, always offered a phone chat instead as long as I was well enough for it. I dread to think what I've got coming this time round! :madgrin:

 

Hi Rae

I think your right it`s the luck of the draw, yes my daughter is going through the mill, who knows what pressure DWP are putting on the local job Centres to get people moving, it springs to mind about how the Nazis went on, they felt the sick and disabled were not worthy of being in society so started to eradicate them, I have half expected people to start standing up and being counted and to start to fight back at this unfair system, how this con/dem bunch are getting away with this beggars belief. They set the rules up to catch the shirkers but the only people suffering are the genuine sick people

Link to post
Share on other sites

Keep a very good eye on her at the job centre even though she has never had a violent episode.

 

I have PTSD which although well controlled now with medication and bloody mindedness (I am in charge brain, not you!) can make me go up like Vesuvius. Its because if I have an episode, its a fear related thing, I get flashbacks, and good lord all hell lets loose. The Job Centre actually caused this to happen on one occasion. 3 years ago when i was really, really bad with it, they insisted I attend some sort of disability focused interview at a local Holiday Inn of all places. I had to sit in the cafe area with all the business men and holiday makers booking in and out and getting coffee, sobbing as i was so ill, confused and frightened. How embarrasing. Of course, the fear of strangers completely took over and the two women interviewing me must have thought I was rabid! Fortunately one of them had experience with mental health and got me out of there. After that, I only ever went back to the job centre twice, both times I was seated in a quiet area (if there is such a thing), and a very pleasant and calm older lady came and got me. And then escorted me off the premises to make sure i was ok.

 

I have several friends, all in their late 40's early 50's who have bi-polar. I'm really pleased to hear your daughter doesn;t have the anger problems. But they can be a part of bi-polar, and being at the job centre and being put under stress can be triggers. And also the bi-polar blow ups that I have had to deal with with one particular friend was because she was one of those who felt better mentally on her meds, but hated the side effects (wieght gain) so left off them thinking she was cured, then hey ho, here we go again. She's only 5ft 2" but when she goes off on one she has the strength of ten men. Its much better today, but 6 years ago she used to frighten the hell out of me. At her very worst we believe it was to do with the menopause aggravating her condition, HRT sorted that out, and then things calmed down again. Today she runs her own hairdressing business (qualified two years ago!). Yes, its safe to let Susie near the scissors again! So, that just shows you about not writing off mentally ill people! (And older ladies)

 

Its good you go to the job centre with her, but I expect, had she to go alone, she might well be adversely affected by it, frightened even, and its that sort of thing that starts the problems off with the mental health side of things. I really hope she gets it sorted. I would say, remember that even though she does not display the angry side of bi-polar, it is a characteristic of the condition, so a psychiatrist describing it to DWP in a report might well include this as a possibility.

 

Sure as eggs is eggs she's in the wrong group and i really hope this gets sorted quickly (and that DWP staff get some basic training into what mental illness is rather than having to rely on their customers to give demonstrations).

 

Jackiewayne

Know what you are saying have to go everywhere with my daughter as she reluctant to leave home she is quite happy to sit in pyjamas all day, this makes me depressed seeing her like this and she won`t open blinds her home is like a morgue, I say things to her and she jumps off at the deep end feel like I am treading on egg shells, I cannot read her like I can my Scizophrenic son, I know how to calm him down before he causes damage to property.

Keep thinking at this rate I`ll need help it does affect my quality of life too.

I hope DWP see`s sense real soon and places her in the correct support group, and it would be beneficial for all who work within DWP or on behalf of them get some specialist training in the affects of mental health, the police are the same they often mistake mental health for other things. Job Centre Plus staff want to remind themselves that their jobs are to go too soon!!!!!

Link to post
Share on other sites

Nystagmite

 

Is the letter from mental health that is on the thread no good? I have seen GP about supporting her DLA claim but did not mention anything about ESA to them, but I will take this next step to see the GP if necessary

Link to post
Share on other sites

It was not clear that you had a letter from the Mental Health people....you mentioned what they said at the last meeting and I had hoped this would have been provided to JCP. I assumed that you were also going to use that information for the appeal as it sounds to me as if it directy refers to one of the exceptional circumstances required for not attending WRAG activities and being in the Support group.

 

I can also state from personal experience that my husband is appealing WRAG decision and is not coping with thought of attending WFI (Work Focussed Interviews) and when I spoke with the Jobcentre they agreed to do a telephone call rather than insist he attend...I am not sure if being his appointee helped with that though, but they seemed to be sympathetic, especially whilst the appeal is being looked into. I was also allowed to assist on the phone call due to his communication issues.

 

It is a shame that the guidelines for appeals do not seem to take into consideration that it may be about ESA WRAG or Support and not just ESA or not so there do not seem to be set rules...I would have hoped it was implied that whilst appealing you were to be given the benefit of the doubt (not to mention the lower amount of benefit) but maybe that is too much to ask.:sad:

Edited by Slatted
Link to post
Share on other sites

I'm not sure what letter you're on about? But yeah, she needs a letter stating how ill she is and that taking part is just going to make her illness worse.

 

Hi Nystagmite

 

I mentioned yesterday at 19.23pm that my daughter had received a letter from Mental Health and stated the contents do you think this letter carries any weight? my MP as forwarded a copy to ESA & DLA on my behalf

Link to post
Share on other sites

It was not clear that you had a letter from the Mental Health people....you mentioned what they said at the last meeting and I had hoped this would have been provided to JCP. I assumed that you were also going to use that information for the appeal as it sounds to me as if it directy refers to one of the exceptional circumstances required for not attending WRAG activities and being in the Support group.

 

I can also state from personal experience that my husband is appealing WRAG decision and is not coping with thought of attending WFI (Work Focussed Interviews) and when I spoke with the Jobcentre they agreed to do a telephone call rather than insist he attend...I am not sure if being his appointee helped with that though, but they seemed to be sympathetic, especially whilst the appeal is being looked into. I was also allowed to assist on the phone call due to his communication issues.

 

It is a shame that the guidelines for appeals do not seem to take into consideration that it may be about ESA WRAG or Support and not just ESA or not so there do not seem to be set rules...I would have hoped it was implied that whilst appealing you were to be given the benefit of the doubt (not to mention the lower amount of benefit) but maybe that is too much to ask.:sad:

 

 

May make myself appointee I am allowed at moment to deal with the bank and council as got authority to do so, never knew what my daughters actual problem was and if her condition was going to deterioate. At least my daughter is getting the ESA whilst she appeals against not bening placed in the support group. Same with DLA whilst we are appealing the LCR she was awarded, she still receives this LCR benefit. Regret not having appealed against my daughter being placed in the WRAG group but was advised by Unemployed Workers Centre not to and rsik the whole benefit being taken away, they stated it was onkly the difference of losing out on £5 in difference per week, I disagree the UWC have been helpful but it`s not a case of just losing £5 difference, being placed in the WRAG means you go through daunting work interviews and are expected to return to employment, when your not in a position to do so

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...