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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Do I qualify for ESA?


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Hi, my name is David.

I have spinal problems. Lumber spondylosis, Osteoarthritis and 2 bulging disks in my spine. So you could say my back is knackered through work.

I have had to go for one of these atos tests. After working all my life and paying national insurance and I become ill with a degenerative disease.

 

What is going on with this country? What happened to human rights?

 

We have to suffer with gen illness so they get away with paying us money we paid into this state. It makes me sick!

 

I was in real pain all through the horrible examination. Lying on the bed, and it was in a position where it made my back really sore, and then raise your legs. My legs started shaking with pain.

 

I thought they had gotten rid of the ----. I didn't think they did work for atos. And what does atos stand for? They dont give A-tos about anyone, only the money they are making out of this country.

Edited by freakyleaky
Just adding punctuation.(And removing offensive stuff)
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hi i would like to know if i qualify for esa im in a lot of pain and i dont think if they make me go back to work i could stand it im in pain standing up and sitting down my doctor has said im not fit to work with my condition because repetative movement causes a lot of pain for me lumber spondylosis 2 bulging disks austeoarthritus please help

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You may qualify for ESA, yes. It depends on a number of factors:

 

  • Do you meet the basic conditions - that is, does your condition affect your ability to work
  • Do you meet any of the ESA descriptors - scroll down to the Appendix of the linked document for a full list
  • Your NI contribution record - have you worked in the last few years?
  • Household income, including that of a partner, if you have one
  • Any savings you may have

 

That's not an exhaustive list, of course. There's no harm in making a claim. You'd need to get a fit note from your doctor.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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I have disc degenerative disease, osteophytes, crushed discs, facet joint disease amongst other things. I don't qualify for any financial help for this, and scored 0 points with ATOS on physical grounds because you can still do things despite pain and limited mobility. I have to say though that once well enough, my back won't stop me working.

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I have disc degenerative disease, osteophytes, crushed discs, facet joint disease amongst other things. I don't qualify for any financial help for this, and scored 0 points with ATOS on physical grounds because you can still do things despite pain and limited mobility. I have to say though that once well enough, my back won't stop me working.

 

You are lucky your back is not bad enough to stop you working, many are not so lucky. How are you managing to get by now though; having failed the WCA you are denied any sickness benefits, yet as you are not well enough to get JSA you can't get that either?

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I am blessed my back is not bad enough to stop me working it is true, I am very thankful. I can't stand more than a minute or two due to pain, can't bend or carry, but can walk and I can sit on chairs if they are not low ones.

 

I did pass/fail (whichever way you are looking at it) the ATOS test due to mental health descriptors. I hope to be well enough to work in the near future.

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I see. That was fortunate. Usually they are not that good at recognizing psychological disabilities.

 

I hope you are given enough time to get better properly, and not be forced into work before ready. Which I'd imagine would do more harm than good.

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Yes, that's what my social worker says. I am having graded exposure therapy to try and be able to answer the phone and talk on it, answer the door and go outside etc. I do think losing ESA too early would be an impossible hurdle for me as I wouldn't manage to apply for jobs so JSA isn't an option. Every day I dread the post arriving and I look for brown envelopes but I hope the therapy is successful and that I won't be like this for long. Apparently my goals are too big, I want to be well and I want to be working so I feel a total and utter failure and often feel suicidal because it feels so impossible and my social worker is saying that my goals are achievable but they are long term as I need to get better first, so we are working at having some medium and short term goals in the meantime. Trouble is, will ATOS agree with the short term and medium term goals or will they want the long term ones right here and right now.

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I know how you feel. I had the goal of getting into some kind of work for over 15 years. I even went to university at 40+ to get more qualifications. It took a New Deal course with A4e to finally get those stupid Ideas out of my head. Now accept things as they are, and spend my time caring for my wife.

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