Jump to content


  • Tweets

  • Posts

    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Esa


a2o
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4022 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello, I am hoping someone can help me with this.

 

I heard last week that I am to receive forms for ESA to be transferred off of Long Term Incapacity Benefit.

 

I won't stand a chance of support group but wondered if anyone could suggest what might happen when I fill out the form. I know no one can say for sure but some ideas as this is my first (and if I have anything to do with it my last) encounter with them.

 

I have a few questions if someone would be kind enough to assist me.

 

Is the form really bad? It is impossible now to find assistance to help with forms so I was going to do it myself but have heard the odd thing about it being very long and complicated.

 

Since I know I am likely to be unsupported I plan on telling them in the form that I actually do want to work despite health issues, which is true and also a necessity now.

 

Next to overwhelming anxiety about returning to work I have major issues in that I have been away for so long I lack any meaningful modern skills, computer especially and feel I would benefit greatly from support, training courses and assistance.

 

Can anyone advise how best to put this please.

 

Also what chance is there that I'll be put in WRAG whilst I make the above adjustments and transition, I'm guessing not good and I do know people can't be specific but best guess is helpful.

 

I need to now roughly what I'm dealing with and can reasonably expect in order to go through with this, I really hope I don't have to have a sham 'medical', doctors are baffled enough how can these people understand.

 

Anyway any help would be much appreciated. Thank you.

Link to post
Share on other sites

Hello there.

 

I'll post a link to the sticky about filling in an ESA50 for physical problems. It has an example of the form in it. If your problem is mental, please let us know and we can post a couple of sites that have advice on how to fill the ESA50 in for mental health.

 

My best, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Thank you for your response. Whilst I experience both physical and emotional it is more the emotional for which I need assistance in filling the form.

 

Mainly though I am not too worried about the form, from what I have gathered in three years of research it really won't matter what I say anyway - that seems to be consistent but I wondered if anyone had any experience of this and what the result was.

 

Again my thanks for your response.

Link to post
Share on other sites

Hi again, don't wish to make multiple posts but just wanted to ask about the possibility of training/support. Am I being rather niaeve to hope for such? Regards.

Link to post
Share on other sites

:a2o:

 

One guide to completing the mental health part of an ESA50. In addition to help with the form, the factsheet has some guidance about supportive evidence and a description of the work capability assessment process.

 

http://www.rethink.org/living_with_mental_illness/money_debt_benefits/benefits/employment_and_support_allowance/work_capability_asse.html

 

Atos allow four weeks to return the form so you can do a bit at a time, as and when you feel able.

 

Happy :ranger:, Margaret.

Edited by **Margaret**
Link to post
Share on other sites

Hi again, don't wish to make multiple posts but just wanted to ask about the possibility of training/support. Am I being rather niaeve to hope for such? Regards.

 

Sorry; but yes. Nothing to stop you asking though. If you're put in the work group (WRAG) you may get help with training to return to work.

Link to post
Share on other sites

In my experience of helping other people claiming ESA, if you give any indication that you want to return to work you will almost certainly 'fail' the assessment. I am not, of course, advocating lying on your form or at the assessment, but there is no need to sabotage yourself from the start. Read all you can find online about filling in the form as what you write does sometimes make a difference, then fill in the form one question at a time being totally honest about how your difficulties affect your ability to do each task. If you have any supporting evidence such as letters from your GP, hospital appointment letters or even your prescription list, then send them with the form.

 

The time to ask for help returning to work is after the assessment process is finished, but you should be aware that the help available may be quite limited.

RMW

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

Link to post
Share on other sites

Your not alone!!!!!!

 

 

Iv found the 'rethink' web link a endless help in preparing for my tribunal.

 

Listen to the fantasic advice from the people on here as well, they are all lovely people. Good luck with the forms :)

 

All the best

Holly

Link to post
Share on other sites

Starryeyes, Nystagmite, reallymadwoman and helpplease, thank you all for your input and help. It has made a difference to how I will approach it, I see the points made.

 

Thing is I never have been unwilling but really need support and assistance but I did wonder if it was too much to ask. Simply doesn't make sense though, seems to me if you insist on sending the ill back to work the least you might do is offer help, but then that would make sense.

 

What I am trying to avoid is a face to face meeting, I am freaked out by the very idea of being forced to stay in a room with people I don't know, that's the problem with anxiety though. I'm not entirely sure how far I will be able to go with the process and I'm certain I don't stand a chance but nothing ventured I guess.

 

Thank you all again for your help and support, invaluable.

 

I wish all well with whatever they are dealing with.

Link to post
Share on other sites

Unfortunately despite what the government says there is no practical help for those on ESA WRAG, because to all intent and purpose you are treated the same as JSA claimants the difference being that you cannot be forced to look for or apply for work and the weekly benefit rate is higher.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

Link to post
Share on other sites

Im going through the same nightmare. Only at a further stage, im applealing. My argument was I want the support to get back into work, but I hear you dont get any where if you say you want to get better??

 

Such a floored system it really is not fit for purpose. And is seems as if non of them understand depression & anxiety, its not something thats easy to bring up and explain how you feel.

 

Wish you all the best hun. Sorry for the rant!!

 

Holly

Link to post
Share on other sites

 

What I am trying to avoid is a face to face meeting, I am freaked out by the very idea of being forced to stay in a room with people I don't know, that's the problem with anxiety though. I'm not entirely sure how far I will be able to go with the process and I'm certain I don't stand a chance but nothing ventured I guess.

 

Unless you have very strong supporting evidence you will almost certainly have to attend a face to face assessment. You absolutely must be accompanied by a relative or friend to the assessment otherwise you will be given no points for getting around by yourself or dealing with social situations. It has been suggested elsewhere that if a person with mental health difficulties gets to the assessment alone they are automatically found fit for work.

RMW

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

Link to post
Share on other sites

Unfortunately despite what the government says there is no practical help for those on ESA WRAG, because to all intent and purpose you are treated the same as JSA claimants the difference being that you cannot be forced to look for or apply for work and the weekly benefit rate is higher.

 

I am quite speechless to find how utterly farcical the system is, it beggars belief that there is nothing in place to assist this transition.

 

Indeed though, I find it best to take government rhetoric with a huge pinch of salt.

 

My thanks for your response.

Link to post
Share on other sites

Im going through the same nightmare. Only at a further stage, im applealing. My argument was I want the support to get back into work, but I hear you dont get any where if you say you want to get better??

 

Such a floored system it really is not fit for purpose. And is seems as if non of them understand depression & anxiety, its not something thats easy to bring up and explain how you feel.

 

Wish you all the best hun. Sorry for the rant!!

 

Holly

 

Absolutely no apologies for ranting needed here, in fact I thought you most restrained, from a fellow ranter I salute you. It really does help expel the negative energy to just scream it out I think, not to say I thought you were screaming, was thinking more of myself when faced with frustration.

 

You have hit on the very thing I have problems with, how to articulate what it does. When you live with it day in day out I find you work around it and it becomes second nature so actually describing it is so difficult and then when I do it doesn't sound anything like I experience it.

 

I wish you success with your appeal.

Link to post
Share on other sites

Unless you have very strong supporting evidence you will almost certainly have to attend a face to face assessment. You absolutely must be accompanied by a relative or friend to the assessment otherwise you will be given no points for getting around by yourself or dealing with social situations. It has been suggested elsewhere that if a person with mental health difficulties gets to the assessment alone they are automatically found fit for work.

 

Thank you, I was desperate to avoid it, I know they won't put me in WRAG and I won't qualify for the support group so I know it's quite pointless and hoped they would just do it without me there but I am resigned and I shall take someone with me.

 

Does anyone have a rough idea how long it will be til I get the form? I got my letter last week and they tried to call 3 times (I don't answer the phone if I don't know you so I didn't pick up) and was expecting the forms this morning.

 

Any idea how long it takes in total from now on until I'm seen?

 

Thank you all for your responses, I am so disappointed there isn't support or training, it seems quite essential when dealing with this but have just made myself chuckle there, when did any of this make sense?

Link to post
Share on other sites

It seems to vary from each benefit delivery centre (BDC) / ATOS. You are meant to be assessed sometime around week 14. I waited until week 22 to hear something. (wasn't on IB and went straight into the support group)

 

I second taking someone with you. And don't make an effort - they want to see you as you are normally.

Link to post
Share on other sites

Absolutely no apologies for ranting needed here, in fact I thought you most restrained, from a fellow ranter I salute you. It really does help expel the negative energy to just scream it out I think, not to say I thought you were screaming, was thinking more of myself when faced with frustration.

 

You have hit on the very thing I have problems with, how to articulate what it does. When you live with it day in day out I find you work around it and it becomes second nature so actually describing it is so difficult and then when I do it doesn't sound anything like I experience it.

 

I wish you success with your appeal.

 

This highlights what so many people have problems with when asked "how does it effect you on a daily basis?" It's difficult to quantify, some days are OK, some days or weeks are desperate, most find a way to live with their problems because it's a case of having to. To try and distill this into a daily 'snapshot' is frankly unrealistic.

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

Link to post
Share on other sites

Hello again, Well I got my form - obviously on a Saturday, they always come Saturday's.

 

Anyway it says in the form that they want to call me for an appointment but I don't take calls, can anyone tell me if they will write instead. I will not answer the phone at all so I hope they will do this.

 

Also it says I 'may' be called for an appointment, does anyone know what they mean by 'may'?

 

As ever my appreciation for your replies.

Link to post
Share on other sites

You are under absolutely no obligation to even give ATOS/DWP a phone number never mind answer their calls. If they can't get you on the phone they will write, and even if you did make an appointment by phone they still have to confirm it in writing.

 

Some people are awarded ESA based on the information on their form and/or any supporting evidence they send, some people have to attend an assessment. It seems to be at least partly a postcode lottery as well as in some areas the backlog is so huge they simply cannot assess everyone.

 

Familiarise yourself with the descriptors and make a realistic assessment of which you meet so you can tailor your replies to match them. Be aware that some questions on the form do not match the descriptors and don't feel obliged to tick boxes if none of them apply exactly. Make your answers on the form as detailed as you can - if you fill in the online form you get extra space, otherwise continue on extra sheets but make sure you put your name and NI number on each page - and include copies of any evidence you have, even a copy of your repeat prescription list might help.

  • Haha 1

RMW

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

Link to post
Share on other sites

Reallymadwoman, you sound remarkably sane to me! Thank you so much for your response, it has helped, especially about not ticking boxes if they don't fit since it says I must fill them out so that's great.

 

I am not going to be one who passes this but I will follow your suggestions and my profound thanks for your help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...