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    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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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.
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My overall Benefits journey from 2013 to date - and on going still!!


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Thankyou Margaret........I am ever suspicious of them lol. My daughter will always be with me if I have to ring them or worse still see them, I don't answer my phone unless its family or an expected call, and make very calls. Ringing dwp/esa was more for me than them, just awaiting the esa50 now, have gotten prepared as I can be, seeing GP next week and will grill him (nicely) and make sure he understands what the state of play is here.

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I've received ESA50 for my ESA :( won my appeal last October so must be due to see me again,feeling awful that have to go through all this again especially as been going through tough time lately

 

What's the best to do?Get evidence from my doctor etc?i've been seeing psychiatrist and they have recently referred me to healthy minds for talking therapy,had my first appointment with the last week,do I need to get evidence of these people and was wondering if any of them would help me fill in form

 

I know I'll have to have medical with atossers again and they score me 0 points :( feeling awful have to go through all this again

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I've received ESA50 for my ESA :( won my appeal last October so must be due to see me again,feeling awful that have to go through all this again especially as been going through tough time lately

 

What's the best to do?Get evidence from my doctor etc?i've been seeing psychiatrist and they have recently referred me to healthy minds for talking therapy,had my first appointment with the last week,do I need to get evidence of these people and was wondering if any of them would help me fill in form

 

I know I'll have to have medical with atossers again and they score me 0 points :( feeling awful have to go through all this again

 

You're better off starting your own thread.

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: Phil76:

 

Yes, anything you can persuade your general practitioner, or the mental health professionals who are involved in your care, to write about the effects of your condition on your day to day life can be submitted with your ESA50 in support of your claim.

 

Don't think too many of them get involved with ESA50 forms. However there's a factsheet about work capability assessments, which includes the completion of an ESA50 for mental health conditions, at;

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment

 

In my experience an audio record tends to improve the accuracy of face to face assessments;

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment

 

Best wishes, Margaret.

Edited by **Margaret**
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: Phil76:

 

Yes, anything you can persuade your general practitioner, or the mental health professionals who are involved in your care, to write about the effects of your condition on your day to day life can be submitted with your ESA50 in support of your claim.

 

Don't think too many of them get involved with ESA50 forms. However there's a factsheet about work capability assessments, which includes the completion of an ESA50 for mental health conditions, at;

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment

 

In my experience an audio record tends to improve the accuracy of face to face assessments;

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment

 

Best wishes, Margaret.

 

Thank you

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So my anxiety has been gradually kicking in, and am thinking the best way forward for me. Ok I got the first letter re the benefit changes and the phone call info, after two weeks and no call I rang them to allay my anxiety, nice lady on phone said the form should be with me in the next 2-3 weeks, the 3 weeks will be up on the 26th August, so being in my anxiety bubble here, if it doesn't arrive by then do I ring again? or send my printed off online form? I know they give you a certain length of time to return the form but I cant remember how long, I think its 3 weeks?. I have a payment due on Friday so am thinking this is safe, I just dread the "we sent the form and you didn't return it" trick. It baffles me that anyone would think this situation is any kind of life choice.

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:Hiya Ruby_Tuesday:

 

Not quite time for the panic button, but even if I had a dagger it wouldn't pierce DWATO devised anxiety. :-x So I'll settle for some snippets that may help reduce it a notch or two.

 

Time allowed for completion of an ESA50 is four weeks. If Tatos haven't recorded the receipt of a questionnaire after three weeks the computer automatically sends a reminder. There's no point to sending an initial ESA50 (for a new claim or reassessment) until you know one's been requested. (Neither Tatos nor their computer will know what to do with it.) :roll: So, if you don't receive a paper ESA50 within the next few days, it's either their call carousel or write to your benefit centre to say you were expecting one that hasn't shown. Use the time to make as good a job as you can of a downloaded copy so it's ready to send once you hear from them.

 

With your diagnosis it's unlikely (but not impossible) that you'd receive a 'failure to return'. Your entry on the medical services referral system will almost certainly be flagged for mental health. And if so, and you don't return a completed ESA50 for whatever reason, your case will be progressed automatically to the next stage of the Tatos assessment. Good cos claimants don't get done for 'failure to return'. Bad cos a whole heap of claimant evidence is lost to the decision maker.

 

Take care, Margaret.

Edited by **Margaret**
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Thankyou Margaret. I am looking at my esa print off copy each day, adding bits here and there, particularly with the fact that I can lift an empty box, but once is ok, repetition definitely not ok, twisting turning to maybe move it from here to there would have me in pain if done repeatedly. so I have lots of extra notes and paper to add with it.

Thankyou again .....

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My daughter was with me this morning and I rang the same office as before and they have said that they have been told by "medical services" that in this area is approx. a 6-7 week wait for the esa50 to be sent out, that's 6-7 weeks from the first phone call, so its likely another 4 weeks-ish before I will get it, she said not to worry yet, as she was aware of my anxiety. I will leave it be now for a few weeks. I have both calls made on phone records, and if I write it will be sent recorded. Just breathing now and keeping my pre-done forms handy to check and add to if necessary.

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  • 3 weeks later...

Well hey ho the questionnaire arrived this morning....can see what people mean about it now, as in writing as much info and adding to the form, as not much on it really. So I have until the 11th October to get it back to them, and having already worked on a downloaded copy I have time to fill it in and do my necessary multi checks before sending it off by recorded delivery so can check and prove it got there. Am going to photocopy it before I send it also.

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  • 3 weeks later...
  • 3 weeks later...

Thankyou Margaret....ive been offline due to not having any internet. Well the form had to be back by 11th October and it was, I sent it recorded and they signed for it on the 7th.......usual payment went in on the 18th, just wondering how long before I hear back from them.

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just wondering how long before I hear back from them.

 

It could be anything from a week or two to months. It depends on where you live, how busy your assessment centre is and whether they contact eg your GP.

RMW

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

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the last time I was at this stage with them, was in 2009 and it took about 6 weeks to get the letter saying I was no longer entitled to incapacity and to sign on for jsa, this was 3 days before my benefit was due and nothing went in the bank, I was in turmoil and highly bi polar.....hoping they wont pull the "we sent an appointment but you didn't attend" trick this time, I will be on their case if I don't hear soon my anxiety wont let it rest. Am sure there is email addy somewhere on here for them.

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:Ruby_Tuesday:

 

'the last time ......' Yes, that's what happened to Starryeyes. Introduction of employment n support and Tatos nurses reinterpreted the criteria for incapacity benefit.

 

Given the current Tatos tatters, there's simply no way of knowing whether they'll keep you waiting six weeks or six months. But as you're after a conversion award there's a slightly higher than 17% chance of avoiding the face to face trial. Especially as you appear to have supportive medical evidence.

 

Two suggestions for slightly less chance of missing an appointment letter;

 

The address for electronic mail; [email protected]

 

And the ever unhelpful desk on 08002 888777.

 

With your daughter's help contact each on alternative weeks to make sure they've not sent an appointment. And leave neither of them in any doubt that you need to do this cos your diagnosis is spiralling out of control. And for your own peace of mind, keep copies of the electronic mails and log/record the phone calls.

 

Best wishes, Margaret.

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I cant face the unhelpful help desk on the phone.....but they will get emails and plenty of them each time my anxiety reaches a certain level and I haven't had a reply......they had the form on the 7th so have emailed them making it clear its my anxiety with it all which is why am emailing with help of daughter. I will update.

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they replied this by email today..........

 

Thank you for your email. We have received your ESA50 questionnaire, thank you.

This is currently waiting to be reviewed by a health care professional to see whether you will be required to attend for a face to face assessment, or whether advice can be provided to the Department for Work and pensions without the need for you to attend. We hope to complete this stage of your referral as soon as possible, and you will be notified of the outcome of this in due course.

Generally, we hope to complete a referral within 13 weeks, however we are experiencing some temporary delays due to the high volume of referrals we are currently dealing with. We will deal with your referral as quickly as possible however. If you are asked to attend for an assessment, then this would be the time to contact us to request audio recording and a taxi, by calling 0800 2888 777. The agent you speak to will advise you further regarding this matter.

with regards

Maggie

Customer Relations

Atos Healthcare

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  • 3 weeks later...

:Hello Ruby_Tuesday:

 

How you doing?

 

'...... some temporary delays ......' :mmph: Well that's one way of putting it. And somewhat economical with the truth.

 

Most of us find the ever unhelpful desk difficult to deal with, even on a good day. Even the super efficient administrator who helped me a few weeks ago gave Cardiff a miss. Which is why, if needs must, I suggested your daughter's help to cope with them.

 

Wish there was something I could write to lessen your anxiety, but there isn't. Fraid we're down to empathy and :panda::panda:, Margaret.

Edited by **Margaret**
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Hi Margaret........I actually emailed them last night, as I hadn't made contact since receiving the email reply I posted on here, and they replied this morning, saying the 13 week period starts from when the esa50 is sent out, but they are experiencing delays to the amount they are dealing with. Mine is still in the queue. I had asked them to confirm if they had sent or not anything out to me and they confirmed nothing has been sent yet....so its still the waiting game.

 

With the benefits changes and this new reconsideration period, which still doesn't have a time limit? I am just expecting them to throw me off onto jsa, it would seem easy for the to do it in the knowledge that claimants will have no money to live on if they don't claim jsa. However we shall see...........

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PS: I took a completely different attitude.

 

I went with the attitude "cure me and give us a job". I got nil points , of course. So I am now on JSA. If your tests at ATOS come up with some serious off the chart readings they are obliged to fill in a form and advise the NHS.

 

I had to negotiate the JSA agreement with the Job Centre to take note of physical inability to do certain things.

 

I am now going for nerve conduction studies at the hospital because ATOS did not miraclely cure me and suddenly jobs are not available for everyone.

 

It is a DWP that make the decision so I could not give two hoots what ATOS say or do. It does mean I don't have to put Disability on job applications any more. ATOS say I am fit and it was a medical Doctor (from Romania). At least he was called Doctor.

 

And I learnt how to do charades. The ATOS Doctor was not an expert in musculoskeletal disorders but by the time the NHS had booked me up with a physiotherapist it was nearly a year later.

 

If I avoid going to see my GP, I am fit for work. My career as a left handed slip fielder for Sussex has gone awry. I can do right handed operation of a trackball (not a mouse).

 

PS: Is it always Doctors that do the ATOS tests? On reflection, I think I would insist on this. It might be bad for your health otherwise.

Edited by Perseus1
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  • 3 weeks later...

And still nothing from atossers.......seems the delays are in every area. Am still emailing every two weeks to check they haven't "sent" anything out to me, to avoid the trick they pull about non attendance etc.

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:Hello Ruby_Tuesday:

 

Yep, and the further south the longer the delays. Know you're worried about an alleged 'failure to attend' but what you're doing, the electronic mail trail, is your best possible defence, even if it feels like an unnecessary chore. Several years ago I won an alleged 'failure to attend' at reconsideration cos I'd got a recorded delivery paper trail. (We'll gloss over that referral to the Atossers was a mistake by Jobcentreplus. A mistake that they didn't realise, until nine months later!)

 

:hug: Margaret.

 

 

So far, Work n Pensions are refusing to be time limited for reconsiderations. Yesterday Ms McVey was rather optimistically predicting fourteen days for a straight forward case without additional evidence. More realistic, in my opinion, is Work n Pensions internal target of fifty working days.

Edited by **Margaret**
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