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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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ATOS assessment journey


estellyn
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Hi Everyone,

 

Some of you will know me as I post regularly on the benefits forum.

 

Today I received that which those of us on ESA dread - the ESA50 form. I went to open the innocent looking white envelope and noticed 'Atos healthcare' on the back and my stomach sank. Yes, even a former benefits worker dreads the prospect of the assessment process starting again. I've been on ESA for several years and have had two assessments, the first one placing me in WRAG, the second in the support group. I have yet to have to appeal for myself - but there is always a first time.

 

I thought it might be useful to some to have a thread following the process through (to appeal if necessary) - I'll put as much detail in as I can about how I approach the ESA50, Atos assessment and appeal, and any issues that arise. Like a blog, I suppose, but in a thread. I was thinking of how to make a positive out of another assessment, and thought of a blog, but felt I'd rather share with my friends here.

 

Sorry if it proves boring and unhelpful. I've never written anything like this before, so please bear with me.

 

So my initial thoughts on receiving the form were unrepeatable. But then my thoughts turned to what I'm going to need. I have no evidence at home about my conditions, so first I thought I'd contact my GP surgery for my medical records, as these would have test results and consultant letters etc. I phoned my surgery and the receptionist stated to put my request in writing, that there was no fee (though she didn't seem entirely sure, I was expecting a £10 fee) and no she couldn't tell me how long it would take - the secretary would contact me once they had my request to give me a timescale.

 

My initial aim will be to provide as much information as possible with the ESA50 (including the content of the completed ESA50) to try to not have an Atos assessment if possible. I doubt very much I'll be successful, but thought it was best to at least try. There is also the problem that the ESA50 needs to be back in a month, and I may not get the medical records before I need to send it back.

 

So today's job, is print off a letter requesting my medical records - making very sure I put in the letter what the records are for, as I don't want them to delay thinking I'm planning on complaining against a doctor.

 

Tomorrow I'll start on the ESA50 form.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi Estellyn,

 

Thanks for taking the time to do something like this.

 

I myself panicked when I received my ESA50 back in Sep. I sent it back with no medical evidence, omitted one of illnesses due to embarrassment and it didn't even occur to me to seek advice from here (or any other site) before filling it in. That was my first ever ESA50 and I've got the dreaded medical next week.

 

This thread is going to be a goldmine for people like myself.

 

I hope all goes well for you, and thanks again

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This is a GREAT idea estellyn I will certainly not find it boring and am sure others will agree. Thankyou for being prepared to take the time to do this, it will no doubt help and give support to others, helping them not to feel alone with it. I will read with interest.

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Estellyn good luck but also a word of warning.

 

It seems some descriptor changes have been sneaked in since the end of last month.

 

The rule where aids such as a wheelchair could be used to deny points now has been extended to other descriptors eg. they can pretend you have a guide dog to deny blind people points.

There is also a change to do with not allowing a mental illness to give points on physical descriptors and vice versa.

 

I will post the source link if I find it again, was posted on the rightsnet site.

 

here

 

http://www.rightsnet.org.uk/forums/viewthread/4173/

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Yes, I wish you all the luck in the world.

 

Unlike you I had over 40 pages of reports from various sources, consultants, GP, Social Services/OT, CMHT etc etc plus I was recently awarded DLA HRM & MRC + IIDB award of 40% disabled due to mental health conditions and submitted that info as well.

 

None of that made any difference though, I was still called in for an assessment after being on ESA for the past 3 years in the Support Group. The assessment resulted in 0 points and recently I was told by the DWP to claim JSA or go back to work!

 

They do seem to have tightened it up no end.

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Thanks for the support everyone! Glad the thread might be of a little use.

 

up2mears - good luck for your assessment.

 

Worried33 - yes I'm aware of the changes and will be keeping them in mind as I complete the form and attend the assessment. But thanks for the concern, I appreciate it.

 

cleaver - I do have have plenty of info about my conditions - it's just contained in my medical records, as they don't appear to send patients copies of consultant reports where I live. But I really do sympathise with you having 40 pages of medical info and still having to appeal. I suspect that the ATOS assessments are highly dependant on who you get as your assessor. I covertly recorded my last two assessments, but plan on requesting an official recording for this next one (as well as covertly recording). I hope that official recording will encourage any of the more dodgy assessors to up their game. Though saying that, the two assessors I've had so far have been very thorough, nearly an hour each assessment. But yes if things have tightened up, this time may not be easy.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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... Unlike you I had over 40 pages of reports from various sources, consultants, GP, Social Services/OT, CMHT etc etc plus I was recently awarded DLA HRM & MRC + IIDB award of 40% disabled due to mental health conditions and submitted that info as well. ...

 

That's an awful lot of supporting evidence apparently ignored ... :???:

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That's an awful lot of supporting evidence apparently ignored ... :???:

 

 

Yes my sentiments entirely!! But yes that was what was in the bundle I dumped on the assessors desk when I walked in.

 

It wouldn't put it as far as ignored, I would say that both ATOS and the DWP considered it all irrelevant!!

 

Three years worth of test results, reports, etc for all of my conditions. A lot happens in three years - equivalent to over 13 letters/reports a year covering 9 medical/mental problems.

 

Maybe I should have been more selective and concentrated on one or two of my conditions instaed. He didn't read one page of it before the assessment. I might as well not have bothered as it certainly didn't affect the assessment result.

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hey don't appear to send patients copies of consultant reports where I live.

 

Have you requested this? I asked for a letter from my ENT GP. He explained that it may contain some "medical jargon" but wasn't happy to send it. CMHT on the other hand were awkward about it and I had to write a letter to beg them to send it. Only took them 5 months to give me something.

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Can I also suggest you go see your GP if you havnt seen him/her in the past couple of months and explain about the assessment, mine likes to be kept up to date with my health and hospital stuff also a general chat about the form.

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I agree with Sparks_ that is a good idea, I have farily frequent catch up appts with my GP, it keeps him in the loop and aware of my health issues and how they affect me day to day. Also he has permission to speak to my daughter at any time about me, without me being present, if either of them are concerned in any way about me. I do believe this all helps when atos/dwp come knocking on his door.

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Thanks everyone, yes I do see my GP regularly - in fact when repping for clients it was the main reason that ESA (and dla) appeals would fail - when they hadn't seen their doctor in a long time. So good point that needs to be highlighted, if you have an illness or disability that means you may one day need to claim ESA or DLA, see your GP regularly. And once put in an ESA group, it's no good to stop seeing the GP because you no longer need 'sick notes' - when assessment time rolls around again, you'll have problems if your GP has no idea how you've been.

 

What I do when I see my GP, is that I type out exactly what my problem and query is, this way I don't forget to tell him anything. The GP seems to like this as it saves time and he keeps the typed sheet to scan onto my medical records - this way I'm not reliant on what the doc writes at each appt (I've seen clients suffer from a doc just writing a bare minimum, and not relaying all the issues the client had), and have a good history of my health issues at any point in time in my medical records.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Yes my sentiments entirely!! But yes that was what was in the bundle I dumped on the assessors desk when I walked in.

 

It wouldn't put it as far as ignored, I would say that both ATOS and the DWP considered it all irrelevant!!

 

Three years worth of test results, reports, etc for all of my conditions. A lot happens in three years - equivalent to over 13 letters/reports a year covering 9 medical/mental problems.

 

Maybe I should have been more selective and concentrated on one or two of my conditions instaed. He didn't read one page of it before the assessment. I might as well not have bothered as it certainly didn't affect the assessment result.

 

So you managed to walk in holding/carrying a bundle..

Not read all of your thread but did you go alone.

Just wondering how you managed if you did.

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Thanks everyone, yes I do see my GP regularly - in fact when repping for clients it was the main reason that ESA (and dla) appeals would fail - when they hadn't seen their doctor in a long time.

 

My counselor is private (almost 8 months low cost @ £10 a week). I have today just had to ask her if she can do a report on me if asked. She wasn't sure and need to ask the counseling co-coordinator of the place she works out of.

 

This is the same place my current GP practice has it's practice counseling contract with!

 

The coordinator is also the same lady who 4 weeks after arranging me my private counselor, called me to offer me 6 weeks NHS counseling thanks to a request by IAPT.

 

Confused hell yeah!

 

Now I'd like lines of communication set up between my GP and counselor. You'd think that would be easy eh? Erm no :lol:

 

You will also find that you can spend 6 months with a GP practice contracted counselor but except for the fact you've seen them every now n again and a couple of referral letters that are very basic. There is absolutely nothing on your patient record.

 

You have to request your GP and all NHS records once a year. Also SAR the DWP and get what they hold on you!

 

Even if it is on your patient record a GP will not understand it as the G in GP stands for General so DWP medical hand book of conditions and there effects on you..... expect the same!

 

Now all my counselors have helped me with these benefit things but they are further removed from the benefits system than GPs who as we all know ain't got a clue!

 

You have ti train them :madgrin:

 

Mine after 8 months understands the withdrawal of legal aid, the fact it takes me 12 months from the ESA50 landing on my door step to be awarded ESA. I'm now introducing the fact in 2014 DLA which pays my rent and the sessions with her will be gone as I don't qualify for PIP.

 

I leave the known universe when that ESA50 lands on my doorstep (as for most) and I've had the amazing Brixton Advice Center handling things for me. Nathan this time and Simon Howells previously I wouldn't be typing here if it wasn't for them!

 

To all those who said Welfare Right getting people benefits by lying... Simon scared the living **** out of me !

 

I had written I can not visit new places or new people! He said to me where are you? Who am I? I went....

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So you managed to walk in holding/carrying a bundle..

Not read all of your thread but did you go alone.

Just wondering how you managed if you did.

 

Yes I carried the bundle under my left arm and struggled in with my stick in my left hand.

 

The assessor invited me to go infront of him and when I came to the door I stopped for him to open it for obvious reasons.

 

I let the bundle fall on his desk and I sat down and told him - 'there have a read at that lot!!' which he ignored and started the assessment. His first question was what was my medication and how much and when do i take it. I told him to look at the ESA50 and repeat script that was on his desk!

 

My wife drove me there and sat in the waiting room whilst I had the assessment.

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  • 4 weeks later...

OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in and manically search at 3am for the form you put in a safe place. Then once you find the form, go post on a benefits forum about how you haven't completed the form yet - rather than ACTUALLY completing it.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in and manically search at 3am for the form you put in a safe place. Then once you find the form, go post on a benefits forum about how you haven't completed the form yet - rather than ACTUALLY completing it.

 

And then forget to keep a copy ....

RMW

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

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OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in

 

I've done that every time! Panic overcomes me and it takes an imminent deadline to create action, mind you, the action last time was for a MIND advocate to get together with a CAB volunteer to complete it while I sat there. If there is a next time, I plan to gather help more quickly.

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OK, short lesson on how not to complete an ESA50:

 

Procrastinate for 3 weeks, then realise you have 6 days to get the form in and manically search at 3am for the form you put in a safe place. Then once you find the form, go post on a benefits forum about how you haven't completed the form yet - rather than ACTUALLY completing it.

 

Full marks for honesty, Estellyn. :) I hope you get it sorted.

 

HB x

Illegitimi non carborundum

 

 

 

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:That Unfit For Purpose Form:

 

Although I wasn't exempt from the personal capability assessment, twas the first time I'd had to complete a questionnaire for myself.

 

Spend three and a half weeks trying to complete their boxes, on extra copies of ESA50 downloaded from the internet that turn into paper

:plane: :plane:.

 

Give up on their silly boxes. Four nights left to write about four areas of activity that have applicable descriptors. Manage between a half and two sides of A4 per activity. One activity per night.

 

Completely forget about evidence, extra sheet for meds,

and request for audio recorded messical :doh:,

as husband rushes off to hand deliver form to regional Shatos office

(for us, about 20 minutes away).

 

Trust to guardian :angel:, Margaret.

Edited by **Margaret**
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Glad I'm not alone in form fiascos :-).

 

I have started now, and plan to send husband out to the post office tomorrow for a guaranteed next day delivery.

 

One thing I have noticed so far that bears mentioning on this new 2013 form (not sure if it was on the last one), is that the choices of 'tick box' for the mobilising descriptor are tricksy, and either badly designed, or deliberately designed (if you get my meaning). There is no box to tick saying you can mobilise less than 50 metres - the first option is 50 metres - meaning anyone ticking that box is saying they can mobilise 50 metres or more. I dealt with this by creating my own tick box and putting beside it 'between 0 and 20 metres' and ticked that box, along with the 'it varies' box, and then explained my mobility issues further in the space below.

 

Just a heads up to anyone completing the ESA50 now to be aware of.

 

More later, one of my cats is now sitting on my ESA50 demanding my attention.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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One thing I have noticed so far that bears mentioning on this new 2013 form (not sure if it was on the last one), is that the choices of 'tick box' for the mobilising descriptor are tricksy, and either badly designed, or deliberately designed (if you get my meaning). There is no box to tick saying you can mobilise less than 50 metres - the first option is 50 metres - meaning anyone ticking that box is saying they can mobilise 50 metres or more. I dealt with this by creating my own tick box and putting beside it 'between 0 and 20 metres' and ticked that box, along with the 'it varies' box, and then explained my mobility issues further in the space below.

 

There are other examples of this on the form or there used to be. One that springs to mind is the 'going out' one in mental health - no option for someone who never goes out.

RMW

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

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