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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Fit for Work without Medical or ESA50

Inmysparetime

By Inmysparetime
in Benefits and HMRC

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Inmysparetime

Inmysparetime

Posted
Posted

Hi everyone

 

I am hoping someone can help me...

 

I am helping someone with Bipolar amongst other health problems to navigate their way through this joke of a system and I fear his case is at the beginning of a complete mess up.

 

He has three scenarios going on at once.

 

1. His Contribution Based ESA expired on 29th January- they didn't send form to apply for Income Based (have it now)

2. He is being re-assessed for ESA - ESA50 completed and returned a couple of weeks ago

3. He received an appointment with ATOS

 

He received an appointment letter from ATOS the day after the appointment was actually taking place. I rang ATOS to explain why he obviously didn't turn up. They then send the questionnaire letter asking for an explanation as to why the appointment was missed. On the same day as the appointment his ESA payments were stopped. I rang DWP to ask why this was. They said because he didn't turn up to his ATOS appointment. I explained this can't be right as his appointment with ATOS was at 2:10 but his payment was stopped before then so how could DWP possibly know, beforehand, that he wasn't going to turn up for his appointment.

 

The lady then confirmed, in fact, his payment had stopped as his Contribution Based ESA has expired and he had not sent back form to apply for Income Based ESA. I explained that he had never received this form and she said she would post one. That form went back to them today.

 

Today he received a letter from DWP which states 'We asked you to go to a Work Capability Assessment on 18th February so that a Health Care Professional could advise us on your ability to work. We have looked at your reasons for not attending the assessment, or your refusal to participate fully with the assessment. A decision maker had decided you are capable of work from 19th February' It then goes on if you dispute the decision you should appeal using form GL24.

 

His ESA50 questionnaire was only submitted a couple of weeks ago, we has not had a medical because he received the appointment letter the day after the medical was to take place so how on earth can they judge him fit for work for not attending?

 

When they eventually process his ESA50 I'm sure he'll be invited in for a medical.

 

When they process his application for Income Based ESA they will see he is entitled.

 

Has anyone been in a similar situation themselves? Does anyone have any advice?

 

Thank you for reading and thank you in advance for any advice/comments

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fightingback99

fightingback99

Posted
Posted

 

His ESA50 questionnaire was only submitted a couple of weeks ago, we has not had a medical because he received the appointment letter the day after the medical was to take place so how on earth can they judge him fit for work for not attending?

 

When they eventually process his ESA50 I'm sure he'll be invited in for a medical.

 

 

Sorry to hear of the position your friend has been put in due to their mistake. Leaving the income based ESA3 form aside for the moment , sounds to me like they received your friends ESA50 form, looked at it, and decided to invite him in for a new assessment. Some areas process these forms very quickly and decide to ahve a face to face assessment.

 

Because of their mistake your friend missed his scheduled appointment. A failure to attend notice was passed to a DWP decsion maker from the ATOS assessment centre. Every reported FTA results in a decision maker automatically deciding the person is fit to work. Until such time as you send back your explanation on the GL24 outlining the reasons for the not attedning. At which point a DM will decide whether to reinstate the ESA payment or not. .

 

If the decision is in your friend's favour and the ESA 3 form has been dealt with for income based then his payemtns should restart, and he'll be sent another assessment date. .

 

So I tend to think until you get this appeal back explaining it was their fault, the appointment was missed , your friend is unlikely to get any ESA payments.

 

What date is printed on the actual appointment letter?. If it's like 2 days before the assessment date will be easy to show their mistake. Did you record the call or take the name of the person you spoke to about the date mix up.

 

Sure more experienced posters will help shortly.

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worried33

worried33

Posted
Posted (edited)

it has similiarities to my case last year.

 

Basically the DWP are working on the basis they are allowed to assume the postal system gets the letter to you on time, they ignore facts and just work on probability.

 

I used case CSIB/721/2004 as a reference point in my appeal, that case states the DWP have to at least prove they posted the letter in reasonable time to allow delivery on time, on time been 7 days prior to the appointment. Like myself your situation fell just after christmas when royal mail are well known for been in chaos.

 

So appeal with a GL24 form, state CSIB/721/2004 and that they have to provide the evidence it was posted at a reasonable time that delivery of the letter would be before a week before the appointment. If your friend has a previous history of complying with the DWP such as attending previous medicals, also make this clear in the appeal so then their probability factor goes in his favour.

 

I did get a reconsideration so never went to appeal however I had multiple peices of evidence that they kept getting my postcode wrong including my MP as a witness, so you may not be so lucky, but defenitly fight this. They never got to the bottom of my postcode issue, instead the DM just accepted that I probably didnt get the letter based on all the circumstances and my previous history.

 

I also agree with fightingback, the ESA3 wont do much if you dont get this decision overturned as now he has lost underlying entitlement to ESA.

 

Also as well as appealing put in a new claim for ESA at the same time, what this will do is get a new assessment booked with ATOS, until that assessment is done however you wont get any payments (unless you get the reconsideration), not even the assessment rate. You cant put in the new claim until after the fit for work date.

Edited by worried33
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Inmysparetime

Inmysparetime

Posted
  • Author
Posted

Hi everyone and thank you very much for your replies.

 

I am currently on hold to DWP in an attempt to ask some questions.

 

This appointment was sent out before the ESA50 was even posted. I want to now know why they were calling him for assessment in the first place. The ESA50 was returned late (they knew about this) could this be why? Or perhaps he was asked in for assessment because his Contribution Based ESA had ended?

 

Any thoughts?

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Inmysparetime

Inmysparetime

Posted
  • Author
Posted
Hi everyone and thank you very much for your replies.

 

I am currently on hold to DWP in an attempt to ask some questions.

 

This appointment was sent out before the ESA50 was even posted. I want to now know why they were calling him for assessment in the first place. The ESA50 was returned late (they knew about this) could this be why? Or perhaps he was asked in for assessment because his Contribution Based ESA had ended?

 

Any thoughts?

 

Having waited half an hour to speak to someone my call was cut-off, charming. Probably because it was after 6pm and they were all about to go home.

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worried33

worried33

Posted
Posted

yeah ring in the morning, isnt even worth trying after 4pm.

 

Also mine was odd like that as well, my appointment came all too quick after the ESA50 as if they werent even going to read the ESA50.

 

You probably not going to get much out of the DWP on the phone, and you wont get them to change their minds on the phone either, right now your priority is sending of the GL24, and a new ESA application as soon as possible after the fit for work date.

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Inmysparetime

Inmysparetime

Posted
  • Author
Posted
yeah ring in the morning, isnt even worth trying after 4pm.

 

Also mine was odd like that as well, my appointment came all too quick after the ESA50 as if they werent even going to read the ESA50.

 

You probably not going to get much out of the DWP on the phone, and you wont get them to change their minds on the phone either, right now your priority is sending of the GL24, and a new ESA application as soon as possible after the fit for work date.

 

Hi worried33

 

Thanks for your reply.

 

Well, I've just spoken to them. Useless as always but interesting.

 

When I asked why ATOS were required to invite him in for a medical before they had even received the ESA50 and he admitted this was rather strange and as far as he knows unheard of. I then asked him to confirm receipt of the ESA50 (they should have received it a few weeks ago) but he couldn't and that's when he started getting defensive! It was rather odd actually as he was very pleasant until that point!Could it be that he had literally just admitted, by confirming non-receipt of an ESA50, that the medical should not have been requested in the first place...

 

When he said there were no notes of receipt of the ESA50 I pushed telling him it should have been received by now as it was posted weeks ago but after the date given on the ATOS medical letter (don't think he picked up on what I was trying to do at this point) and expressed my concern at the thought it could have gone missing. I then reminded him of what he said at the beginning of our conversation about how ATOS send out medical assessment letters on receipt of form ESA50 but in this case he had just confirmed they STILL haven't received it. He then got all defensive saying it's not his fault the system isn't updated when these forms are/are not received, raising his voice etc - I never raised mine but stayed perfectly calm.

 

I know GL24 is the only next step to unravel this mess. Do you think it's worth mentioning the above alongside the fact he didn't receive the letter in time? I really don't think he should have been asked to attend a medical at this point in the first place.

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worried33

worried33

Posted
Posted

I cant say if there is a legal requirement for the ESA50 to be recieved before proceeding with a WCA or not, so on that I cant advise. My earlier advise was based on what I did and what I was advised to do.

 

Incidently did you manage to even get that ESA3 form? I am struggling to get one for myself, got sent a GL24 instead.

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Inmysparetime

Inmysparetime

Posted
  • Author
Posted
I cant say if there is a legal requirement for the ESA50 to be recieved before proceeding with a WCA or not, so on that I cant advise. My earlier advise was based on what I did and what I was advised to do.

 

Incidently did you manage to even get that ESA3 form? I am struggling to get one for myself, got sent a GL24 instead.

 

Hi worried33

 

Yes, the ESA3 was received promptly after I was made aware of it's existence. When his payments stopped I rang to ask why and it was because his Contribution Based ESA had ended. Lady said he should have received form ESA3 in the post, I said he had not, she sent one... it turned up around 4 days later

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fightingback99

fightingback99

Posted
Posted

Can't say 100% if an ESA50 form has to definitely be returned in all cases before calling for a face to face.ESA is awarded on an 'assessment' of which both can be satisfied by a form, , an assessment , combination of both, or on previous sufficient information in their system. Although majority get a new form to fill in prior to assessment being arranged.

 

You could mention it, but would concentrate more on reasons why appointment was missed ie - letter for assess date, received day after it was due.

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  • 2 months later...
Inmysparetime

Inmysparetime

Posted
  • Author
Posted

Hi everyone

 

Just a little update for you all.

 

I am pleased to report, after calling DWP and speaking to a Decision Maker, the decision was overturned - ESA entitlement reinstated. Now getting on with submission of ESA3

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