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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Can a PPC (claimant) refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
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      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.
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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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Depression - what help should I be getting?


Nystagmite
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You had a word with these folks?

 

http://www.plymouth.gov.uk/homepage/education/schools/educationsupport/chids/cit/communicationgeneralreferrals.htm

 

Yes I know it's youth 4-18 but these youth have to go somewhere.

 

Other than that you can write (nicely) to your GPs practice manager/senior partner asking for advice assistance.

 

If that fails you can then try the local NHS PALS team to try for you.

 

PALS will so I'm told try and liase between all parties then escalate to a complaint if that fails. Other people don't rate them so....

 

I'm prepping myself for this action atm. If only I had Darth Vaders powers 'You have failed me for the last time!' sounds of falling to the floor and gasping for breath :wink:

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  • 1 month later...

I haven't seem my GP yet; but need to know what help if I go, I should be getting.

 

I last went (where I am based now) to see my GP about my depression in 2008 and had to wait 5 months just to be seen by a CPN. The CPN was useless, told me that my stomach issues (which I've had since I was a baby) are "all in my head" and she was obsessed with what I was planning to do education-wise in September. She put me on a course for help with confidence and that never came through. I never heard from her again and was left feeling worse from the appointment.

 

I am scared that this will happen again and that I'll have a repeat of 2010, in which the police were involved and I was almost sectioned. (and would have been if someone had contacted my parents, which he said he'd do and then backed out at the last minute)

 

If it makes any difference, this was all before my Autism diagnosis.

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Hello there.

 

I don't know if things have changed since I was referred to the CMHT for depression a few years ago, but my first referral was to a consultant psyhiatrist who saw me for an initial appointment and decided which treatment would help me best.

 

Mind you, I had to get my OH to come to the GP with me because they didn't seem to want to refer me and had let me languish for a while.

 

HB x

Illegitimi non carborundum

 

 

 

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I was lucky, when I was bad my own GP was the one at my surgery who specialised in mental health problems, so I think the first thing is to establish which GP at your surgery has an interest in this type of thing. Then book an appt to see them instead of your own usual GP.

 

I had a reactive depression which festered for six months whilst PTSD developed in the background. What I found so helpful was the Cognitive Behaviour Therapy I received

from a High Intensity Practitioner at the local community hospital. She is great and she got me back up off the floor, although it took some time. It's not a complete solution, because i still have the PTSD and will always have this now to a certain extent, but she taught me to beat that bloody depression.

 

I wonder if this level of CBT would help you? But if I hadn't been lucky enough to have a family GP that had an interest in mental health I'm not so sure I'd have got such good treatment. I read on here that some people think very little of CBT. It worked for me with the depression side of things.

 

I hope you find something that suits you and helps you - I admit I am terrified off getting a bout of it again, its a place I don';t ever want to visit again.

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  • 1 month later...

Where I am, there are no services for diagnosing adults with Autism. The best we can get is screening done by CMHT. I was later informed that he's not qualified to assess me and doesn't know of anyone who is.

 

The Autism Act 2009 states that I'm entitled to a diagnosis and support.

 

I saw a GP last year who claims I don't need the diagnosis. The lack of diagnosis and therefore, support, is causing me a lot of problems. The local NAS support group are unable (as mentioned in an email to me) to provide me with the help I need.

 

University won't help me get a diagnosis. Their argument is that it's medical and not a learning disability. The lack of a diagnosis is affecting my ability to learn and carry out my studies to a high level because of the refusal to diagnose me, which means I can't get the support I need.

 

I can't afford to go private either and I have heard that some organisations (such as DWP) claim that people only get a diagnosis privately to get benefits, etc. Therefore, a private report isn't accepted as valid. Yet, according to a lady who does a private diagnosis, she has to involve the GP.

 

So, it looks like I'm going to have to write to my PCT to ask them to send me to Southampton. Many places, such as Swindon, don't accept people from other areas.

 

I have started to write a letter. But am not 100% sure what I need to write. Can someone give me some advice on what to write please? I have quoted the Autism Act and have explained what happened before. But I am struggling to explain why exactly I need a diagnosis.

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  • 2 weeks later...

Hello Nystagmite,

 

We are not in the same part of the country but we do share the same frustrations.

 

I am having the same difficulty with a member of my family and once again, there are no support services available as we live in a post-code lottery where services have been cut.

With that said, have you contacted the Autism society to check out any support groups within your area? There maybe someone there who could help you and/or guide you towards people who could help you write the letter you need. This maybe the quicker route.

An alternative or indeed an additional option might be to find out your local MP's name and surgery details.You can locate these on the web. Go along to meet them and explain your situation and see what they can offer you, or look into for you.

Do you have an 'Advocacy Service' available in your area? This is usually a free service albeit, they maybe a little stretched on resources but they can make calls on your behalf, attend meetings with you to support you, they can write letters for you etc, but I suspect this may be the slower route.

 

If you do not feel the GP you saw last year is helpful, is there another one at the practise you could go and see? This is where I think the support groups might be able to help you and suggest ways or people who can help.

 

Please do not give up because one GP is useless. These are usually people who do not understand or accept the condition so they dismiss the diagnosis. They are not all the same - Please persevere and if necessary consider changing your GP.

 

I am not qualified in this topic, just merely the parent of an adult with suspected Asperger's Syndrome and probably just as frustrated as you are for the lack of support or services available, but I am prepared to fight what is rightfully ours.

 

If I can help further I will but like I say, I have no medical background other than being a parent who is willing to support and share experiences and information on a sensitive topic.

 

Good luck and keep me posted.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

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Hi and thanks for your reply.

 

I do attend a local support group and we (apart from the one or two who either went private or got the diagnosis as a child) are all in the same situation.

 

I've seen 2 GPs about this. The first is a trainee and said he doesn't where to send me, spoke to his adviser and I got sent to CMHT. I had two appointments with them, a lot of issues with getting information from them and was then informed that he can't do a diagnosis and doesn't know who can. Why it took him 7 months to tell me this, I really don't know.

 

Another GP claims that the screening is enough. But if anyone read my letters from CMHT, they'd see it says that I might have it. That is, they can't tell for sure whether I've got it or not. The GP also claimed that you're either Autistic or you're not. That's not the point. I don't have a proper diagnosis at all.

 

My MP was useless. I wrote to him to ask about getting my records; as I was refused with no good reason. (they can be refused due to harmful information) I've not heard anything since. I've contacted PALS and haven't had an outcome from them yet. The last I heard, CMHT blamed me for all this! I've done nothing wrong. I am asking (begging, more like now) for a diagnosis that the law says I'm entitled to.

 

Unfortunately, the lack of a diagnosis and support has lead to depression and other issues.

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I understand the frustrations you must feel over this and I know it is a hard slog to get anywhere with the system because of so many cost cuts, but you have to be systematically persistent with your demands.

 

My relative was constantly telling me that she couldn't get the contact details of a certain medical professional, but in 2 phone calls I got the information and left him a message, albeit they haven't returned the call. I will be chasing him again on Tuesday.

 

In the current economic climate with all the cuts the government have imposed it is hard to make oneself heard but if you do not follow through and shout louder, you wont achieve the result you were looking for.

 

Persevere with the MP and if the first one doesn't help, go to another one. It's your right to have this and YOU are the only one to fight hard enough to get it.

 

Have you tried contacting your loacl PCT to seek guidance? Do they know of a GP who may specialise in this condition. They do exist.

 

As for obtaining your information, I am aware you may not be shown all the information if something maybe deemed 'harmful'. but you should be allowed access to other information. The way you have described it is that you have been denied all of it. Is that the case? Which records are you trying to obtain? Your GP records or hospital records or other medical material? Are you aware that you can view the records without cost to you unless you want copies?

 

What about the 'Advocacy Service'? Is there one near you?

 

Do you have a family member or a friend who could go through what it is you want to achieve and draw up a plan of who to contact, how, when and their responses? Keep a file of your correspondence and put the dates of each communication in a diary so you can keep track. My relative finds this a very useful technique.

 

As a very last resort, have you thought about seeking advice on iwhether you could sue the NHS for neglect of services? Someone might just stand up and listen to you then.

 

I can certainly relate to the depression and other issues because of this. My relative has paid the ultimate price because of her condition.

 

Stay strong

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

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Citicard - self - N1 submitted August 2012

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Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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  • 8 months later...

Very confused:

 

Registered partially sighted in 2007 and at the time, had one diagnosis and in 2010, was diagnosed with another eye condition.

 

At that point, I was under the eye infirmary and would get eye tests whenever I was seen by them and was usually given a prescription for new glasses yearly.

 

I have a feeling I've now been discharged from them. (not heard anything since appointment in October last year)

 

I usually go to Specasvers to get glasses and went there this year to get some new glasses and was told that I now only need eye tests every 2 years. I querieed this and he said it's because after 18, you only need them tested every 2 years. Um, I'm 24 and have had yearly eye tests for as long as I could remember.

 

Can anyone tell me where I can find the criteria for yearly eye tests please? This has made no sense to me. My vision changes a lot, although it's hard to know whether this is due to tiredness or whether my vision has actually changed. I usually need new glasses almost every year.

 

I know I can get them done more often if there is a change in my eyesight. But wanted to know if the optician was right.

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I was told that if i went before the recommended time and there was no change i would have to pay for the eye test. If it had changed it was free. That was specsavers as well

Any opinion I give is from personal experience .

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From NHS Choices website

 

 

You qualify for a free NHS-funded sight test if:

 

  • you’re aged under 16
  • you’re aged 16, 17 or 18 and are in full-time education
  • you’re aged 60 or over
  • you’re registered as partially sighted (sight impaired) or blind (severely sight impaired)
  • you’ve been diagnosed with diabetes or glaucoma
  • you’re 40 or over, and your mother, father, brother, sister, son or daughter has been diagnosed with glaucoma
  • you’ve been advised by an ophthalmologist (eye doctor) that you’re at risk of glaucoma
  • you’re a prisoner on leave from prison
  • you're eligible for an NHS complex lens voucher – your optometrist (optician) can advise you about your entitlement

You’re also entitled to a free NHS sight test if you:

 

  • receive Income Support
  • receive Income-based Jobseeker's Allowance (not Contribution-based)
  • receive Pension Credit Guarantee Credit
  • receive Income-based Employment and Support Allowance (not Contribution-based)
  • are entitled to, or named on, a valid NHS tax credit exemption certificate
  • on a low income and named on a valid HC2 (full help) or HC3 (partial help) certificate

 

 

When you go for your sight test, tell your ophthalmic practitioner that you’re entitled to a free NHS sight test. They will give you a form called GOS1 to fill in and sign.

 

 

You’ll be asked to show proof that you’re entitled to a free NHS sight test. For more information, see the NHS leaflet Help with health costs (PDF, 287kb). This leaflet explains which documents you will need to prove that you’re entitled to a free NHS eye test

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That I'm aware of, thanks. But I want to know what the criteria is for yearly eye tests. I was originally tested yearly and have been told I can only be tested every 2 years due to my age, which has nothing to do with why my sight is the way it is.

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Very confused:

 

At that point, I was under the eye infirmary and would get eye tests whenever I was seen by them and was usually given a prescription for new glasses yearly.

 

I have a feeling I've now been discharged from them. (not heard anything since appointment in October last year)

.

 

Assuming by Eye Infirmary you mean the same as an outpatient Eye Clinic at hospital? If so give them a call to se if they can fit in an appointment for you as you're ahving bother and used to attend there for nnual check ups. Our eye clinic alway fits you in if you call in with a problem.

 

If they've actually discharged you, ask your GP to re refer you to the clinic. I'm a type 1 diabetic with glaucoma and I think it's every two years for free eye tests at opticians.

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http://www.nhs.uk/chq/Pages/1093.aspx?CategoryID=68&SubCategoryID=157

 

The link above has a FAQ section. I clicked on the one that asked "How often can I have a free eye test" and this was the response.

 

 

Adults and children are normally advised to have a sight test every two years. However, in some circumstances, your ophthalmic practitioner may recommend more frequent NHS sight tests. For example, if you:

 

•are a child wearing glasses

•have diabetes

•are aged 40 or over and have a family history of glaucoma

•are aged 70 or over

NHS sight tests

If you’re eligible for a free NHS sight test, the NHS pays for it and you will not be charged. For more information, see Am I entitled to a free NHS eye test?

 

Can I ask for a sight test more frequently?

If you are concerned about your sight before your next NHS sight test is due, you can ask your ophthalmic practitioner for an earlier sight test. If your ophthalmic practitioner agrees that you need an earlier sight test for clinical reasons, you will not have to pay for your NHS sight test.

 

If you want a sight test more often than your ophthalmic practitioner considers clinically necessary, you will have to pay for a private sight test.

 

Private sight tests

If you’re not eligible for a free NHS sight test, you will have to pay for a private sight test.

 

Charges for private sight tests vary, so it’s advisable to shop around.

 

What if I pay for a sight test?

After you pay for a sight test, you are not eligible for a free NHS sight test until your next sight test is due. This will usually be two years later but could be sooner in some cases; the person testing your eyes will advise you.

 

Read the answers to more questions about NHS services and treatments.

 

Further information:

•Am I entitled to a free NHS sight test?

•Am I entitled to an NHS optical voucher?

•Why are sight tests important?

•Visual impairment

•Eye health

•Eyecare services

•Eyecare costs

•Help with health costs (PDF, 287kb)

•Find a local optician

•The Eyecare Trust

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

I think you are referring to 'N.I.C.E' guidelines.

 

What you have been told is correct, if you have Nystagmus and it is stable, IE: You've been on a yearly recall for a while and everything is stable, then you will be recalled every two years. Same for diabetics nowadays. If your eyes are healthy, you'll be recalled every two years.

 

Mainly to save money, this comes from the NHS. When you go to the Optician for a 'free' eyetest, its not actually free, the NHS pays (unwillingly and much less than it actually costs) for your eye test. Hence the cost saving exercises, then optometrist gets little say in the matter.

 

However if you have a genuine problem, you can go back at anytime.

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