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    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
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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.
      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.
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      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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hi new here I was on incapacity benifet for 9 years over 2 years ago I made the change over to esa and was placed in support group for 18 months,over 8 months ago I was sent a new medical form to fill in,and send back to atos,iam still waiting to hear back from them can anyone tell me how long you have to wait to hear from them.thanks

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  • 2 weeks later...

:staceyrogers:

Following submission of an ESA50, the wait to hear from Atos or Jobcentreplus can be anywhere between a few weeks and several months. Most parts of Britain have unacceptable delays and a twelve month wait for a face to face interview, if one's needed, isn't unusual.

Margaret.

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I emailed their customer services, every two weeks to ask for an update, I found it good to have an electronic mail trail in case any appointments went "missing" in the post etc. I kind of think my (or rather my daughter's as she did this for me mostly) persistence with this flagged me up for a possibly quicker response. Although it still took 6 months to get their decision, which is now with the dwp for the dm to make theirs..........how long that will take I have no idea...

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:Waiting ...... n waiting ...... n:

 

Twenty one months n counting ......

 

DWATO have given up the pretense that reassessments are on schedule. :lol:

 

http://disabilitynewsservice.com/2013/07/dwp-orders-new-fitness-for-work-providers-but-Atos-clings-on/

 

Margaret.

Edited by **Margaret**
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hi new here I was on incapacity benifet for 9 years over 2 years ago I made the change over to esa and was placed in support group for 18 months,over 8 months ago I was sent a new medical form to fill in,and send back to atos,iam still waiting to hear back from them can anyone tell me how long you have to wait to hear from them.thanks

 

If you were on incapacity benefit you would probably be better with the Personal independence payment (PIP) rather than the ESA.

 

My brother in-law was swapped from IB to ESA and lost all his carers allowance and his council tax reduction. He has now been advised that he is eligible for PIP and he will be able to have the carers allowance and the Council tax help, which you are not entitled to with ESA.

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If you were on incapacity benefit you would probably be better with the Personal independence payment (PIP) rather than the ESA.

 

My brother in-law was swapped from IB to ESA and lost all his carers allowance and his council tax reduction. He has now been advised that he is eligible for PIP and he will be able to have the carers allowance and the Council tax help, which you are not entitled to with ESA.

 

It's a lot more complex than that. People can receive both ESA and PIP/DLA as they are paid for different reasons. How the various benefits interact depends on whether ESA is contribution based or income related, but neither form is affected by PIP.

 

For example, you can't receive ESA© and CA at the same time - you'll only be paid the higher of the two. However, in the case of ESA(IR) the CA is deducted from the ESA and a Carer Premium is added. Whether Council Tax help is available depends largely on the household income and the specific rules of the Council itself.

 

So it's not possible to assume everyone's situation is the same.

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

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  • 3 weeks later...

I know in my line of work, all the councils I deal with will not pay council tax benefit to those on ESA, as according to them, if you are on ESA you have no need for council tax benefit!

 

PIP is a very unknown benefit, they will not even allow you to have a claim form until you prove you are eligible for it, therefore many people who are entitled are not told about it. When I first mentioned it to a member of staff in the job centre I was told that they had never heard of PIP!

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I know in my line of work, all the councils I deal with will not pay council tax benefit to those on ESA, as according to them, if you are on ESA you have no need for council tax benefit!

 

Which councils do you deal with? As I said, each council can set its own rules, but a blanket ban on ESA claimants seems...extreme, especially if they allow CTR for JSA claimants. If it is indeed the case, it might be time for some folks in their areas to petition the Councillors for a change in the rules.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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

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My situation:

 

Live with dad (works full-time) who used to get second adult rebate when i was on IR JSA. However that was scrapped and now either he would have to be in ESA SG or i would have to have a severe learning disability (think higher rate DLA) to get council tax credit. Me being on ESA IR doesn't have a bearing and basically takes away £5 of my benefit per week as i am of 'working age'.

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My situation:

 

Live with dad (works full-time) who used to get second adult rebate when i was on IR JSA. However that was scrapped and now either he would have to be in ESA SG or i would have to have a severe learning disability (think higher rate DLA) to get council tax credit. Me being on ESA IR doesn't have a bearing and basically takes away £5 of my benefit per week as i am of 'working age'.

 

Yes, but that's a different situation to the one where a council won't pay CTR to anyone on ESA under any circumstances, which seemed to be what was described above.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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

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My area seems unusually fast on ATOS. For normal non recorded WCA's the wait time is usually under 4 weeks. I dont know if I always get prioritised or if its normal for my area.

 

After my first ESA WCA I had to wait about 3 months for a decision but after my most recent one it took them about a week.

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I know in my line of work, all the councils I deal with will not pay council tax benefit to those on ESA, as according to them, if you are on ESA you have no need for council tax benefit!

 

 

Which local authorities are you talking about? I have never heard of any LA refusing CTR for all people on income related esa, I'd be really interested to look in to that.

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It's a lot more complex than that. People can receive both ESA and PIP/DLA as they are paid for different reasons. How the various benefits interact depends on whether ESA is contribution based or income related, but neither form is affected by PIP.

 

For example, you can't receive ESA© and CA at the same time - you'll only be paid the higher of the two. However, in the case of ESA(IR) the CA is deducted from the ESA and a Carer Premium is added. Whether Council Tax help is available depends largely on the household income and the specific rules of the Council itself.

 

So it's not possible to assume everyone's situation is the same.

"but neither form is affected by PIP."

 

 

But when I was on IS and then later claimed for DLA, and got it, I got a load more stuff on my IS. Doesn't PIP work the same? If I get a lower rating on my PIP than my DLA won't this reduce what I get on my ESA?

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"but neither form is affected by PIP."

 

 

But when I was on IS and then later claimed for DLA, and got it, I got a load more stuff on my IS. Doesn't PIP work the same? If I get a lower rating on my PIP than my DLA won't this reduce what I get on my ESA?

 

Yes, some ESA premiums are available to those on some types of DLA, PIP or CA, if the ESA is income related. So I wasn't quite correct to say "not affected". My complaint was towards the idea that someone should claim PIP instead of ESA. They are not overlapping benefits and you don't have to claim one or the other. Being in receipt of PIP or DLA can only serve to increase one's ESA.

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

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