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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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      • 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
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IB to ESA letter has arrived - couple of questions please.


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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

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Lifeisamess - appreciate that :)

I'm more than happy with them having access to whatever medical stuff they want. I have had numerous operations, scans, plastic surgeries, MRI scans etc. All in my medical record. As far as I know they should have had access to it all in the past anyway, as I have filled in several of the forms in the past when they wanted to reassess me. In the past I usually heard back several weeks later saying they were carrying on with my IB. This was with no real medical stuff included, other than whatever they may have asked my G.P and a list of my pain medications. :(

 

Be very careful and understand, YOU will have to provide your medical records to ATOS, they will not seek it. You will need to contact you Doctor and maybe even Hospitals to obtain full copies of your problem and prognosis.

You need to download the ESA50 and start filling it in. You will also need a PDF reader and writer, I use 'Foxit' that allows me to write to a PDF document.

Fill the ESA50 in as fast as you can then review it every day and change and modify it with respect to the ESA descriptors.

Write out an Average Day report, again with one eye on the descriptors. Get friends and family that know you to write down how they feel about your disability.

Understand fully. Both ATOS and the DWP want to take your money from you any way they can, fair means or foul.

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Retro. Dont worry about Paper copies of the ESA50, download the online version and a good PDF reader writer and you can amend the ESA50 online as many times as you want before you print it out and send it.

GET AS MUCH MEDICAL EVIDENCE AS YOU CAN to support your claims of the descriptors.

Also, DO NOT send any originals, make copies of everything and send the copies, ensure your National Insurance number is at the top of all copies and also, if you can number,sequentially all the stuff you send in then also send a single page with all the stuff listed with the numbers and use your numbered documents as a reference to your answerr on the ESA50.

If the DWP and ATOS can 'lose' material, they will.

They lost my entire ESA50 and all the accompanying medical evidence supporting my claims, then sent one sheet of the ESA113 to the HCP assessor to make their assessment !

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Oh and I'd rather write the form out. I can only type one handed (one fingered really) and so it takes me an age to do. Mainly because my left arm/hand is screwed up. It might sound like a trivial thing, but if I explain how bad my left hand is (yet again) but fill out the online form with lots of details, they might think I'm blagging? Though the state of how it looks should be evidence enough!

Your last point first.

No, the state of how it looks wont be enough. You might not even have a face to face assessment like myelf and be dumped straight into the WRAG.You need to be fully informed that in some cases, not all, the DWP and ATOS will be more devious than a devious person at devious University

If needs be apply for a SAR to your Doctor to produce all medical details he has on you.

 

As for not typing your stuff out. I helped a local chap last week by using a Tablet with Google Speak on it to write out documents. It works quite well, if you can get hold of a Tablet computer or try it on a Laptop with a Mic.

 

Whatever happens, photocoty everything and keep the originals safe.

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Retro Have you checked if there is an Advocacy service near you? My local Advocate came out to my house and checked over all my ESA 50 and documents and pointed out many things that I didnt think relevant.

If you cant find one contact your local MIND as they will know where the nearest Advocacy service is

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The reason I spoke to him, is that I spotted he got an ATOS form in the post a few months ago. He was very open when I spoke to him (he was sober so I wasn't being mean and prying info from him!) - he says he was just put on to something called ESA WRG - which I'm not entirely sure I understand. And that he goes for interviews once a year? But curiously, he gets paid the same money as I do, but gets all his prescriptions etc for free? And he has never sent any medical information? Just a side note that I was curious about.

WRAG is Work related Activity Group. Means you will have to go to Work Focussed Interviews unless you are above the Pension age or are on Pension credit.

He may get Free Prescriptions as he is on Low Income or even on Pension Credit

One last question. Let's say they fail me at the medical, I also fail an appeal and they put me on whatever benefit is applicable. But then I start trying to find a job, and end up in more pain because the work hurts my neck, back arm and legs. And end up taking sick days and losing a job because of it. Am I stuck in a loop or trying to find work, losing jobs and so on and so on. Or would the job centre see this and let me reapply.

Firstly, you may not even have a medical and may be dumped straight into the WRAG.

Dont start panicking about things that could be a very long time in the future. Work on one step at a time

 

edit: should I add on the form that I am going back to the eye hospital for further tests?

Oh and rather embarrassing - should I mention that I have irritable bowel syndrome?

Mention everything and get a letter from the Doctor or hospital backing it up

 

edit yet again. FIRST BIG BLOW - just spoke to a lovely lady at the hospital records dept and she told me that it has been such a long time since I attended that there is a fair chance my notes could have been destroyed!

Correct. My initial diagnosis was made in 1995 and all my records including scans etc were destroyed. Its normal for some hospitals to do this after 8 or 10 years. I was fortunate as I had the reports that were sent from the Hospital to the Doctors

 

another edit (sorry): just been dealt another blow. Spoke to my G.P's and they have told me that they may only have the bare minimum notes on me if my old surgery (that closed down) didn't pass every single file on. Can't believe that even happens, but boy is it looking glum at this minute.

Again par for the course. The Family Practitioners health service that used to do all the transfers of documents when changing surgeries lost all my records TWICE !! My records only go back to 1995
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Sorry to be a killjoy here but you seem to be paying a lot of attention to your condition in the past.

What you SHOULD be doing is getting verification of your capabilities NOW, as that is what any ATOS assessment is going to be looking at.

 

The ESA50 as you will see, is focussed on your capabilities at present and what work you are capable of doing now.

You should also realise that the HCP might not even look at the ESA50 though they will state on their 'Justifications' that they did.

 

So whilst past records might be a help at appeal should it go to that, they wont be relevant now

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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.

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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

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