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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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IB to ESA letter has arrived - couple of questions please.


Retro_uk
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Well I'm going by past records because once nothing more could be done to fix my arm etc, it was a case of being discharged with the doctors being apologetic that nothing more could be done.

 

I mean, no one has ever said "right, lets test how far you can walk, if it hurts....can you lift anything with your left hand etc". Last form I filled in was 5 or 6 years ago...I need to check which. But everything was fine then, and that was based on past records because that is all I have?

 

I think sometimes looking online is bad. I know there is a ton of help, but everyone focuses more on the bad news and it makes you worry even more. Guy at CAB seemed to think everything was ok. I am seeing my doctor at 9am today. I'll ask him about my records and about regulation 29.

 

He is going to need to get up to speed on everything though.

 

edit: that didn't go too badly. While he didn't have half as many notes as the hospital (he still had maybe 100 pages of stuff/?) he said not too worry for now, to make sure I stress how bad the really bad days are. And that there is enough in my notes to point out the long term injuries and long term chronic pain) and that he had already done four appeals this morning to try and help people out. He was totally sympathetic. He did seem aggrieved by the whole eas process, saying how the doctors probably won't even look you in the eye when they interview you. He wasn't impressed. But as a doctor himself, I guess he doesn't like doctors being painted in a bad light.

 

I did ask him about regulation 29 (have I got that right?) but he didn't know what it was.

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Thanks Starry :)

 

Had a phone call from the hospital records office yesterday. They have indeed destroyed all my records. Hundreds of pages of reports, around 150 x-rays, mri scans etc etc. All destroyed as they claim I hadn't been to the hospital in 10 years (which isn't true, I last went about 7-8 years ago). But that is it, all gone. Thank god my doctor does have a lot of correspondence even if he doesn't have actual scans and whatnot.

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  • 2 weeks later...

Got a quick question again please folks. I've been making notes on a daily basis as things come to mind, in preparation for finally filling the form in this week. Just need to get them in a nice orderly fashion so that it makes sense and they can't skip anything vital :)

 

Anyway, I had some advice from CAB and have a quick query about the question of getting up/down two steps unaided etc.

 

My main issue with my legs is my right ankle, which has never been the same since my accident. It doesn't flex properly and gets extremely painful. My left foot also droops slightly.

 

As a consequence, whenever I go up and down stairs I never feel safe unless there is a bannister/hand rail. Now, the main problem is that my left arm/hand doesn't have much dexterity, and little to no strength. So I need to be able to always hold a hand rail that would be on my right hand side.

 

Up and down a couple of steps isn't normally a problem as usually you use one or two steps once in a blue moon. But I have on occasion almost slipped on a couple of steps when my legs have been at their most painful, but have luckily had something on the right to grab on to. If there was only something on the left I would have fallen for sure.

 

CAB advised me to put "it varies" for the steps question as if I got fatigued in my legs, or sharp pains and faltered for a second, I would need to grab something. And as I say, if I only had something to grab on the left I'd be in trouble. I know it is only two steps, but a fall is a fall.

 

I do feel a bit odd though, as obviously two steps doesn't seem like much and I haven't ever found myself having to continuously go up and down a couple of steps since my accident to be honest. I'd say 99% of the time I'd be fine. But do I take into account the one time I might not be ok (how often is repeatedly, as mentioned on the form..in real terms?) and my ankle gave way or I slipped - or my legs were in pain etc? It seems a bit flaky that question and is the one I'm most uncomfortable answering. To be honest, it should say stairs so that people can better answer. Thanks

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Answer the question on the ESA 50 as instructed but then put PLEASE SEE NOTES And add some clarification to your problem.

They probably wont even look at it but if everything goes to appeal you can point out that you provided sufficient comments and evidence but they did not look or use it in their assessment.

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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There doesn't seem to be an explanation as to how often it is when they say repeatedly. They'd probably argue it depends on the activity.

 

Thats why on my ESA50 on EVERY question I put a number then stated to see accompanying notes. I numbered the notes relative to the question and typed many paragraphs explaining my problems on each question.

Irrelevant really as they lost everything

Taking a poke at the world

 

Never argue with an idiot, he will only drag you down to his level and beat you with experience

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I've decided to just write as much information for each question that I can - even those I'm not too sure about. That way they can read it and decide for themselves whether it is relevant or not. At least then, as people have said, I have given them all the details that I can and nothing would be sprung on them should I go for a medical etc.

 

Had another bit of "great news" - the G.P (not my new one but the old one I was at that closed down) has lost the majority of my notes. The surgery closed down completely and my notes were supposedly passed on to my new G.P. But my notes only go back to 1997 which is after the majority of my operations, scans, you name it, were carried out. All my history going back to when I was first born.....all gone.

 

Hard to believe that not only did the hospital destroy all my notes, but that my personal history has been almost wiped out as well. It's like something from a movie. People will stop recognising me soon and I'll be on the run fearing for my life :)

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Retro_uk, Make sure you make each separate paper with your national insurance number etc. Put a record of each paper and what it relates to in the space at the back of the form. From experience they tend to loose separate documents. Keep a hard/soft copy of every thing you put down. It helps

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Yeah I have started t mark each extra note with my name, national insurance number, and also the title of the question it relates to. I'm going to staple them all together and then staple them to the form. The post the form recorded delivery :)

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Seeking out one last bit of help before I post this damned thing off.

 

I managed to find a handful of notes at my G.P's that help prove long term chronic pain - especially in my neck. I did get one note from the hospital which actually outlines some other injuries and long term pains and nerve problems I have had. However, this note refers to the C4/5 bone protrusion in my neck but says that an operation wouldn't help.

 

I was actually told by the doctor that saw me after the scan revealing that, that he wouldn't operate because the risks of an operation on your neck, outweighed any possible relief that I may or may not have felt.

 

One doctor decided to follow me up with some pain blocking injections. But does state in a note I have that "the injections won't help in the long term as long as Steve has the chronic protrusion at the C4/5 area.

 

So, do I include the initial note and make my own personal note of why I was told they wouldn't operate. Or could they choose to look on it negatively despite the second note about the pain blocking? I'm torn as the first note does contain mentions of a few other nerve and pain issues.

 

Bear in mind these are pretty much the only useful notes I can actually get my hands on since my notes were lost and destroyed. I keep second guessing myself as to what I should do :/ Thanks

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I don't think it would make a huge difference as to why an operation wouldn't help. In either case it should be clear to ATOS that no amount of treatment is going to improve matters so I would include copies of everything.

RMW

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

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Retro_UK, Include all documents, It is not a negative. The doctor is simply stating that due to your Protrusion in C4/5 area that long term treatment is not possible. The first note confirms that an operation would not help. Due to its location anyone with any medical training would know that any operation would be high risk. Being that you are sending it to ATOS send a statement saying the the risks were too great in relation to any benefit that you may

gain. Basically all the notes are saying is that it cannot be cured/treated safely, due to that the condition is for life (ie chronic) and symptomatic treatment (ie injections) will not have any effect in the long term due due to the chronic nature of the condition.

 

I hope this helps, if you have any questions please get back to me.

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Thanks guys. Just been reading the notes again and the wording of it is a little off from what I thought. It says "Mr Cowie feels an operation isn't required".

 

Now, that throws a different light on it I think...not much of one if I were speaking to a regular doctor of course. I promise you that isn't what was discussed with me at the time, and I know another doctor I spoke to (Mr Cowie mentioned above isn't the actual doctor I spoke to at the hospital back then - he was just one of the specialists. But of course all my main notes are gone!). Another doctor did say he didn't agree with that assessment, but that the risk was too much because of where it is. That would of course be what would be discussed with anyone when it came to an operation on your neck.

 

And of course I do have that other note from the pain specialist who clearly thinks it is an issue.In fact I have two notes....one where he mentions the protrusion, and another for exactly what procedures he did with pain blocking injections.

 

But that wording....not required. It bothers me. I mean, I know they tried all sorts of medication and of course the pain blockers. Damn I wish it was a good common sense doctor who would be reading these notes, and not someone that you feel is out to get you. Of course, it isn't my only condition which affects me. But it IS the most painful and debilitating of them when it is at its worst. Any other pains I can handle so to speak, but neck pain is the worst...for me at least.

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Retro_uk. Doctors often do not put the full facts down. The doctor should have added that due to the condition being non life threatening and the high risk of further damage Mr Cowie believes than an operation at this time is not required.As the risks far out weigh any benefits. Put an explanatory note on why you did not feel it was necessary on the lines I have written above to explain the Doctors comments. With anybody else but ATOS it would require no explanation.

 

This is only a very small part of a very complex medical picture and I very much doubt that any clinical significance would be placed on it.

 

I will be popping up during the day on the forum so if you have any other question I will be around.

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Thanks for that. Now one thing which has worried me sick seeing as I need to post this on Tues I have added lots of information (you don't get nearly enough space on the form itself, especially if you have multiple issues.

 

Most people say add sheets of A4 with all the extra stuff and I m sure I haven't waffled, but instead think I have been clear (I've typed it and typed it again and again making sure I included the relevant info).

 

But have been doing my usual thing of googling (worse thing you can do really) and found people claiming to not add many extra sheets and keep it to maybe 1 sheet of A4. I'm on 11 sheets and if I need to rewrite that now I don't know what I'll do.

 

Surely giving them as little as possible is wrong and you should give as much information as possible. Thats what most people seem to be saying? I can't even think how I would reduce what I have written to even half that without trivialising some things. I'm really worried now.

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I gave as much information as I could. They're not mind readers, they're not to know that your diagnosis of x means you can't do y. I write it as though I'm talking to someone who knows nothing about the conditions I have.

 

I make sure that all the information given is relevant to the descriptors.

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Sounds like I have done the same thing, talking about things as though I'm explaining it to a friend who wouldn't understand medical jargon :)

 

Keep it as it is. Normally I average about 8 with the people I have helped so do not worry. Best of luck.

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  • 2 months later...
If youre already on IB and are simply on the Migration from IB to ESA then they cant lower your money while you are being assessed or even while you appeal

 

Have been on IB since retiring from work on health grounds in 2005

Assesed in May Zero points Appealing

 

Appeal rate £71

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  • 2 weeks later...

Hi everyone. Many thanks for all the help in this thread. I received a letter this morning saying that I have been put into the support group. It didn't expand on how long for etc so phoned up the DWP and I am definitely in the support group with a review due in two years time. Thanks again everyone. I'm so relieved right now :)

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