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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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      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.  

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

      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
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Am I disabled?


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I know this sounds really daft, but I'm not sure if I qualify as being disabled or not. I was diagnosed with MS a couple of years ago. On top of this I have a bad back due to an injury I sustained 20 years ago and I have a congenital condition that makes the bones in my feet dislocate, which sometimes means I have to walk with a stick and I limp a lot. I work full time and don't receive DLA - I don't qualify for it, as I don't need help getting around or in the house most of the time. In fact, up until a couple of years ago, I was quite fit and active, going to Zumba and Pilates, etc.

 

However, over the past 6 months or so, my health has deteriorated quite markedly and I'm having to use my stick more and more. I avoid taking the stairs whenever possible, as I have poor balance and get tired very quickly (occasionally I fall over). I've started perusing disabled products on websites to make life a bit easier at home, but I'm still not at the stage where I need assistance.

 

What do you think? Do I sound disabled to you?

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To be classed as disabled under the equalities act, you must have a health condition (the name doesn't matter) which affects day to day activities - such as walking, communicating, eating, etc.

 

From what you said, it sounds as though you meet the definition.

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  • 4 weeks later...
  • 2 weeks later...

It does not sound daft at all...its the system that is daft ...it seems that for the last few years Doctors and Employers are all in a type of Mexican stand off when it comes to comitting to the BIG QUESTION ...is this person disabled.....as daft as it seems ..its all down to money and the implications of the person being classed as Disabled or not....

You need to read the Equality Act which sets out the criteria for a classification of Disability..But I would say that as your problems are long term (or likely to last 12 months or more) ...you would be covered..

Sometimes a Court or Tribunal will have to decide if a person is Disabled or not..with regard to Benefits ..this is another sticky area, as they are now saying that blind people are capable of working..and indeed amputees....again it's all down to money..and in this current climate ..no one wants to make the call....

 

I hope I have not confused you (it is a very confusing topic for some people depending on how badly they are deemed to be Disabled and the circumstances..yet others just quite easily get the Disability qualification...).

 

I think you should approach you GP as the first move and discuss your issues , and gauge the response..some GP 'S are very helpful ..others not !! ).

 

Eddy.

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i would just like to say that i agree with Edwincad with regards his comments about ginng to see the doctor as your first step. I would suggest you write down all your difficulties on a piece of paper and discuss with the doctor the problems that you have

you state in one paragraph that you dont need dla then state in the next that you have trouble with your balence and difficulties with the stairs, so it would seem that you are having trouble with your mobility which is what dla is designed for.

having gone through the process of my wife getting a diagnosis of a neurological condition over the last 18 months,and subsequent claims for ESA and DLA,i can fully appreciate how difficult it is to admit you have a problem to other people

i would also like to say occupational health are also a good place to start,you can access them via your local council

may i wish you well and say if i can be of any assistance via CAG i would be more than happy to help

stoney47

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The reference to occupational health is a brilliant idea,,mine have been amazing.I have MS (long time diagnosed) and from what you have said you seem to fit the criteria for DLA.

I wish you luck and good health

xxx

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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It's occupational therapy and not occupational health.

 

(sorry!)

 

You don't need a referral for this. You need to contact social services. They may have departments for adults and those with certain disabilities; such as sensory and learning disability.

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  • 4 weeks later...
Thanks for all of your feedback. I'm looking into OT and am in regular contact with OH at work. I haven't applied for DLA, but I have applied for a Blue Badge from my local council. I feel less of a fraud for your comments. I appreciate it.

 

Thats really good news hun.... now...feeling a fraud..You know as well as I do that the symptoms of our mutual disease do not always manifest themselves on the outside of our bodies..it's an isiduous little git,it affects us internally very often. NEVER feel a fraud EVER!! expunge your energies on keeping yourself as well as you can and you will find your own coping mechanism. We often lack in vitamin B6 and potassium so maybe get your Dr to check that,and anything you want to know re MS please feel free to ask,I have had it for 27 years (diagnosed at 23) so am a bit of an old hand at it :)

Hope you keep well for a long time

 

xxxxx

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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  • 3 weeks later...

Regarding definitions of disability, take a look at this.

 

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/

 

Have you an Unemployed Workers Organisation or Welfare Rights in your area? If so, give them a ring and they will give you a complete benefit check to see what you are entitled to. There's also CAB as well.

 

It sounds to me that you are a disabled person so I would apply for DLA (under 65 years of age.) If you do apply I would get someone professional to do it as the forms are very long. People tend to underplay the issues that they have so you might not put everything down. Don't be put off by the length of the form as you can do it in stages. In the meantime, I would suggest you write down everything that you have difficulty doing for a couple of weeks and then it will give you an idea.

 

Tips on How to fill a DLA form in. www.dls.org.uk/.../filling...DLA_forms/

 

 

Might be worth joining an MS Online Support Group as well. Good Luck!

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