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    • Here's something I'm hoping to clarify before I get in trouble for it:   There is a street close to where I live that was transformed into a temporary Pedestrian and Cycle Zone due to a school that's there. I know I can't enter it during those times, but can I be fined for having my car parked on that street while the zone is active? So far I have only heard one interpretation, from my neighbour, who said you can have your car parked there and you can exit the zone while it is operational, oddly enough, but before I take her word for it I want to get some more opinions on the matter.   For reference, here is what the Council's own website states: "It is an offence to enter or drive in an active school Street without a valid school street permit." (emphasis mine) Would this prove my neighbour right or can they still find a different interpretation to it that would carry the risk of a fine if I park my car there?   The sign for the zone is very similar to the image attached below, only different operating times.   Edit: to clarify, there are permits you can apply for if you actually live on that street, but I'm just outside that area. Also, there are no other parking restriction on the road that would apply.  
    • good i can see where you got that from  pers i'd put back, suitable adapted the line:   3.Throughout this period XXX only ever served estimated bills which were grossly over estimated with values unrelated to actual use. There was and still remains an unresolved dispute with XXX which was never resolved prior to the assignment of the alleged debt.
    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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http://www.bbc.co.uk/news/uk-politics-24680366

 

The government's welfare changes for disabled people in England, Scotland and Wales have been delayed.

People will move from Disability Living Allowance to the Personal Independence Payment next week in only certain areas instead of the whole of Great Britain.

Work and pensions minister Mike Penning said the process of reassessing people was "taking longer than expected".

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Is it coincidence that ATOS are not involved in the initial reassessment areas?

 

Unfortunately they were not involved in the initial WCA assessments either so I would not read to much into that. However, I am yet again right in the middle of the trial area.

 

A number of people I know are due to change to PIP in the new year so I will try and get them to post experiences etc.

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I really gets me :x when the Tories blame Labour in news papers,tv radio today...

 

Both Tories and Labour are to blame for the current mess DLA is in.

 

It was the Tories that changed dla in 1992 from the old mobility allowance scheme which required everyone to have a Medical 1st to DLA self assessment and little if No medical checks, which lead to people to abusing the system.

 

When Labour came into power in 1997 they did start to check everyone on DLA,but soon stopped when it became politicly un popular...

 

One of the main reason for this delay,is they are still moving people from IB to ESA and is several years behind schedule, the appeals system in parts of the uk is taking 1 or 2 years or grinding to a halt...

 

Wonder how long UC will be put back for !

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I really get me :x when the Tories blame Labour in news papers,tv radio today...

 

Both Tories and Labour are to blame for the current mess DLA is in.

 

It was the Tories that changed dla in 1992 from the old mobility allowance scheme which required everyone to have a Medical 1st to DLA self assessment and little if No medical checks, which lead to people to abusing the system.

 

When Labour came into power in 1997 they did start to check everyone on DLA,but soon stopped when it became politicly un popular...

 

One of the main reason for this delay,is they are still moving people from IB to ESA and is several years behind schedule, the appeals system in parts of the uk is taking 1 or 2 years or grinding to a halt...

 

Wonder how long UC will be put back for !

 

Your guess is as good as mine but if the Labdems get in 2015 anything could happen!

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Your guess is as good as mine but if the Labdems get in 2015 anything could happen!

 

Yup,It's going to get worse who ever get's in 2015.

 

Politicians can never think ahead more than 5 years at a time and the damage there decisions/policies do long after they leave office :x

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I just miss out being in the trial areas, does this mean when I move in a month (which will affect DLA assessment) that I will be reassessed for DLA rather than for PIP? Hmmmm not sure what I think about that.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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I just miss out being in the trial areas, does this mean when I move in a month (which will affect DLA assessment) that I will be reassessed for DLA rather than for PIP? Hmmmm not sure what I think about that.

 

I have been trying to find out. From what can understand if your DLA ends on or after 17 march 2014 in the trial area you go to PIP, In all other areas you will get the DLA renewal form. I have been told that it will be oct 2015 before they start the process of DLA to PIP for me.

 

As anyone any details of what will happen in non-trial areas.

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I have been trying to find out. From what can understand if your DLA ends on or after 17 march 2014 in the trial area you go to PIP, In all other areas you will get the DLA renewal form. I have been told that it will be oct 2015 before they start the process of DLA to PIP for me.

 

As anyone any details of what will happen in non-trial areas.

 

Well, I'll find out soon as we've just been nominated for a ground floor HA flat and should move within the month. We're in a non trial area and the move will trigger reassessment for me (due to no more stairs). I guess it will be DLA reassessment.

 

My husband's DLA ends next year and I wanted him to be moved to PIP as it's more generous for mental health issues - guess we're out of luck for the time being.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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So currently what help people are entitled to varies by postcode for

 

council tax help

GP/healthcare

housing/discretionary funds

crisis loan replacement

in the past there was a postcode lottery on ATOS recorded medicals as we noticed on here that the refusals were limited to east midlands and east anglia.

 

since the midlands/norfolk seems the areas that get least attention of national news coverage these areas seem to be the new picking on people ground.

 

here is now a new postcode lottery for PIP/DLA

 

http://www.bbc.co.uk/news/uk-politics-24680366

 

So if I understand that right, wales, midlands, east anglia = PIP

Rest of country = DLA until 2015

 

There seems to be some serious fragmentation going on now across the country with laws, rights and social security. I dont think its by accident either, its deliberate in my view so certian people dont see the full extenct of whats happening.

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If you now report a change which affects how much you're entitled to, are you still moved to PIP now? Or has that changed now? I know it was from October 2013.

 

By the look of it in the non trial areas it will be DLA.

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exactly rae.

 

Those in the non trial areas, will keep quiet grateful for keeping DLA. So defenitly divide and conquer.

 

The fact I said about national coverage the way the bbc article is written proves my point.

 

They consider the vast majority unaffected and generally its considered delayed.

 

But the entire middle band of the country is still been moved over.

 

2 years is excessive for a trial which would suggest political reasons.

 

This to me is probably aimed at the next election results and to reduce protests with the headline "delays" when instead they have really just changed it to a staged rollout.

Edited by worried33
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Not that I'm complaining; but I've noticed that when they do these pilots, (universal credit, PIP, etc) the south west are always ignored...

 

I suspect it's for the same reason that northern Scotland tends to be ignored for these pilots - it's a relatively large area with a low population density.

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The idea that all politicians lie is music to the ears of the most egregious liars.

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I suspect it's for the same reason that northern Scotland tends to be ignored for these pilots - it's a relatively large area with a low population density.

 

in that case why arent they doing them in london, south east, north west?

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in that case why arent they doing them in london, south east, north west?

 

Opposite issue, I guess - too many people You want somewhere in between so you can deliver (or, more likely, fail to deliver) a proof of concept.

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Opposite issue, I guess - too many people You want somewhere in between so you can deliver (or, more likely, fail to deliver) a proof of concept.

 

to me this has legal challenge written all over it, I know trials have happened in the past but its ridicolous.

 

The situation is if I understand right.

 

All new claimants no matter where live in the uk if under 65 apply for PIP not DLA.

Existing DLA claimants if no circumstances changed stay on DLA as long as entitlement still exists.

Existing DLA claimants if circumstances change are reassessed under PIP rules if in the middle band of the country or under DLA rules elsewhere. So eomeone with same evidence, condition, needs etc. can get turned down in one part of the country and given help in another. Thats just plain wrong. Especially when the difference is for a 2 year period.

 

Whats a change of circumstance? I am guessing if a DLA claim expires thats counts as a change so it becomes a PIP assessment?

 

Its either ready or its not, treating millions of people as guinea pigs like this just because they unlucky to live in the wrong place is sick. But this political play will work, those in the areas which have the reprieve will turn their heads away and stay silent.

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The change in circumstance is related to care and /or mobility needs. So, the person whose change is their address, they stay on DLA. But the person whose change is because they need more help with day to day things, they change to PIP.

 

As I understand it, those whose DLA expires, it's PIP they claim. There is something about this applying only to people whose awards expire after February 2014. Not sure if this has changed

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My husband's DLA ends next year and I wanted him to be moved to PIP as it's more generous for mental health issues - guess we're out of luck for the time being.

 

Do you have a source for that? I would like to know what I can expect when I eventually apply for PIP (currently getting DLA).

 

It seems to be a running trend with all of these cuts that they are implemented little by little. I think in part because they think they'll get away with the most by moving slowly, but also because I don't think they're actually equipped to completely change the system.

 

I think they've made it clear their intentions are to punish the poor and needy, not help them. None of these changes to the system are going to change to overall picture for the better, and the argument that the current system needs fixing is flawed if the government can't adequately implement the changes they're making.

 

Their justification for a lack of overall impact assessment is laughable. They say they can't complete one because it's too difficult, and may complete one once all the changes are implemented. So once the damage is already done, in other words. To me this is a blatant acknowledgement that even they don't know how their changes are going to affect everyone.

 

This government is inadequate to say the least.

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Do you have a source for that? I would like to know what I can expect when I eventually apply for PIP (currently getting DLA).

 

It seems to be a running trend with all of these cuts that they are implemented little by little. I think in part because they think they'll get away with the most by moving slowly, but also because I don't think they're actually equipped to completely change the system.

 

I think they've made it clear their intentions are to punish the poor and needy, not help them. None of these changes to the system are going to change to overall picture for the better, and the argument that the current system needs fixing is flawed if the government can't adequately implement the changes they're making.

 

Their justification for a lack of overall impact assessment is laughable. They say they can't complete one because it's too difficult, and may complete one once all the changes are implemented. So once the damage is already done, in other words. To me this is a blatant acknowledgement that even they don't know how their changes are going to affect everyone.

 

This government is inadequate to say the least.

 

Try this document.

 

https://www.gov.uk/government/publications/pip-assessment-criteria

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