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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • 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.  
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My overall Benefits journey from 2013 to date - and on going still!!


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Here: http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/203872-letter-customer-compliance-team.html

 

And although she didn't respond on this forum, it appears to be the same lady posting the result here: Letter from the Customer Compliance Team - MoneySavingExpert.com Forums

 

Hope this sets your mind at rest - as you can see, this lady was very worried indeed and her medical issues probably made her anxiety 100 times worse, but it came good.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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my daughter rang the office number today, and she asked what it was all about, they said that its a fairly new thing that they are doing and is usually just a random check that she is who she says she is and for her to clarify face to face that nothing has changed. They said sometimes it may be that a report has been made so they follow it up but shes not to worry its pretty much just for her to confirm things, and should only be a 15 minute chat. They were very nice to her and apologised that letter sounded intimidating and that complaints had been made about the wording and they were considering changing the wording. I will post here on friday after the visit to let you know how it went.

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I hope your daughter's now a bit more relaxed about it now, Ruby. I know the feeling, I had compliance from Tax Credit in the past and the wording is rather scary, particularly to vulnerable people!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

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yes she does feel better about it, thanks ErikaPNP, it will be interesting as i have an on-going dispute with the dwp re my IB assessment, no doubt thats not unknown to this officer who is visiting? we have the same surname and its on her claim that she lives with her mother.

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I have heard back from the GMC re the complaint i made against the doctor who conducted my IB assessment and did not report the answers i gave, did not ask all the questions, did not do the full test and on top of this has made several obvious and careless other mistakes in her report. The dwp are accepting her report. The GMC has stated that its investigation consisted of asking her employer/contractor (atos) if they had any concerns about her, and no surprise, there are no wider concerns at all. The GMC has written to me stating this and that should they receive any further complaints re Dr. then they will investigate further, so its VERY important that anyone who has this problem with atos to report the doctor to the GMC, maybe then atos will have to clean up their act and the dwp will have to also. I have now started a campaign for the fair treatment, i believe the way i and many others have and are being treated is against the law for HUMAN RIGHTS, we are entitled to full and proper assesments, my condition is a mental health condition, and in my case i should have been seen by someone appropriately qualified, in this case it was by a disability assessor, which is not the same. Please contact me if you have had an incorrect assessment and have the doctors name and details of the report, i am happy to bring all the info together and submit it to the relevant authority. This situation cannot continue, people who are genuinely ill are being treated like scroungers and liars and its not only unfair but its detremental to their already ill health. Appeals can take many months to come round and the stress and financial strain this causes is not only unjust but unnecessary. Vulnerable people are being targetted to reduce the amount of claims. I am , or can be private messaged here if thats better for anyone who wants or can help.

Edited by ErikaPNP
email address and individual's name edited
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Your details may be on her claim as a person with whom she lives with, but they won't necesserily know anything about your circumstances, no. They can only access an account for legitimate government business and unless they are looking deeply into your benefits as part of the compliance investigation of your daughters, then they wouldn't know about it.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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i guess i am getting a bit paranoid about the dwp, i dont mean to its just how my condition affects me and the effects of the problems atos have caused by an incorrect and unfair test. Its like now i feel i cant trust any of them involved and have an automatic suspicion. i think friday will be fine and i will just be there as i live there lol and so my daughter isnt facing the situation alone, she is my carer at this time although she doesnt claim for that and i dont claim dla, i was on IB until atos decided i didnt need it hence the appeal, my care programme and meds will kick in soon and what i would do without my daughter i really dont know. i have a battle ongoing with atos and will continue to fight them with the help of a very good friend who does a lot in my name so to speak. anyway enough rambling....thanks

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well we waited for the visit today, nobody came, my daughter rang the office and was told that the officer was off sick, they only knew this morning and tried to contact everyone, they apologised and were very polite, my daughter will get another letter for another appt in due course, cant be much to worry about then, as you say it may just be routine after all.

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i lodged an appeal with the dwp in june which they accepted, they began paying me income support at the reduced rate whilst waiting for the appeal. Can anyone tell me what happens next, as the dwp have given me the runaround and i have heard that i should receive a form about the appeal and if i want an oral appeal etc, how long after i lodge for appeal should i get this form? i want an oral hearing as i want to attend.

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Hi Ruby.

 

It's not the DWP that will deal with the appeal, but the tribunals service. The DWP will perform a reconsideration of the decision in house and if they are unable to overturn the decision, they will forward it to the Tribunals Service. The TS will then send you out the forms you mention, and you will receive all papers relating to your claim and the subsequent decision.

 

The delay indicator for appeals cases for benefits is currently 9 months.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Only for last year - can't find percentage for this year. 43.44 per cent, from April 2008 to October 2008.

 

They will most likely be heard in "order of priority" - that is usually date order, but if anything "jumps" off the paper for the tribunal service as a "special case" it may be heard sooner. The tribunals service have the overall say on this.

 

As above, the indicator of delay for appeal cases is currently 9 months. This is how long it can take, although it will usually be sooner.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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The percentage of wins rises quite a bit for claimaints that go to tribunal with a representative, I think its around 70 percent for IB where the claimaint is represented at oral hearing.

Paper only hearing have a very low success rate, so avoid those.

Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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57.58 per cent are overturned where representatives are present.

 

No figure is recorded for tribunals where claimant and rep attend together.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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57.58 per cent are overturned where representatives are present.

 

No figure is recorded for tribunals where claimant and rep attend together.

 

My last post in this thread where I posted a link to benefits and work to back up the 70% figure was 'moved' by cagbot

 

 

 

But both benefitsandwork, and the disability alliance state up to 70 percent where the claimaint and representative attend are won.

 

Evidence that testing is tough is borne out by the number of people who are successful at an Appeal Tribunal – up to 70% of cases where both the disabled person and their representative attended.
source Edited by saintly_1

Note - all posts are my opinion only, and no action should be taken on any advice given without consulting independant advice from a suitably qaulified advisor.

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That will be 70% of the claims that they are aware of, not the overall figure.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Medical proof given to dwp will they still go ahead with appeal? since my appeal was lodged with the dwp re my IB i have supplied a letter from my GP and informed them of my new care plan etc with my CPN and Psychiatrist, i saw my Psychiatrist this week and he is writing me a letter for the dwp re my condition and his qualified opinion re work etc, i will get that letter into the dwp this week, will they still go ahead with appeal?? or would the word of a consultant psychiatrist over-ride in this situation?

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Hi Ruby,

 

My son had a medical for ESA as well a few months back, he had a letter from his Dermatologist who just happens to be head of the department here in NE Scotland, and he got his ESA stopped as they thought he was fit for work. Fortunatley he decided to apply for college and got in just before the decision was made.

 

Me on the other hand I had a medical yesterday, and was lucky enough to have a doctor who understood my illness, so Im just waiting to hear about that.

 

Hope all goes well with you.

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It's imposible to say. If the letter from the consultant is enough in itself for the decision to be overturned, then it will be overturned during a reconsideration performed by DWP. If DWP have already performed a reconsideration and not overturned the decision, they will have already submitted the case to the tribunal service and the appeal will go ahead, as once it is with the tribunal service, it is out of DWP hands until the tribunal deliver their decision/strike the case out. If the appeal uphold the DWP decision, you would need to re-apply.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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