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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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      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.

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ESA tribunal


Jac1669
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If you have a read around the forum we have lots of members who have been to tribunals and from what I've read it's really nothing to be terrified of. Very few people have reported anything other than the tribunal being helpful and listening to them. Though it's a bit late, you could also read the sticky in the Benefits forum about tribunals. I'll see if I can find a link for you.

RMW

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

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Hello jac, welcome to CAG.

 

You've posted in a forum about CAG itself, so I've moved you to the benefits forum. I expect the guys will be along over the course of the day with comments for you. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415376-ESA-tribunal

 

Thank you to RMW for getting this started. :)

Illegitimi non carborundum

 

 

 

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If you have a read around the forum we have lots of members who have been to tribunals and from what I've read it's really nothing to be terrified of. Very few people have reported anything other than the tribunal being helpful and listening to them. Though it's a bit late, you could also read the sticky in the Benefits forum about tribunals. I'll see if I can find a link for you.

Thank u kindly

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:Jac1669:

 

Easier for me to say than you to accept but there's nothing to be terrified of. Benefit tribunals aren't quite a chat round the kitchen table, but they're nothing like a formal courtroom either. Most tribunal panels are well used to stressed appellants and make allowances for nerves. From my experience, you'll find the personnel at the tribunal venue a lot easier to deal with than Atos/Jobcentreplus. The video at #23 of the link below reflects my personal experience of tribunals for employment n support.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?386694-resuming-esa-after-atos-assessment

 

I can't know what preparation you've already done for this tribunal hearing, but if you've not already done so, you've a few hours left to think about which criteria for employment n support with the support component you satisfy and why. They're listed in the ESA214 booklet at the sixth link of the guide linked to at #3.

 

Exceptional/special circumstances at pages 11 - 12.

 

Descriptors of activities that are relevant to the workplace at pages 26 - 28. You only need to satisfy one.

 

As examples of what you need to think about;

 

If you can't walk/wheel 50 metres, why not? Heart/lung disease or spinal problems? How does it affect your day to day life? Praps a carer drives you to the doctor, or you have groceries delivered cos you can't walk to the bus stop or round a supermarket.

 

Does anxiety cause you to 'lose it' if the slightest thing goes wrong? Should a bus not turn up, would you wait for the next one or be so anxious/depressed you'd give up and go home?

 

Work related activity a substantial risk to your health? What's likely to happen if you have to visit a Jobcentre or attend the work programme?

 

Come tomorrow, you don't need to make any special effort. Go out as you would for an appointment with your doctor or at the hospital. Be yourself and tell the tribunal how it is for you, day in and day out, cos of your disability.

 

Sincerely, Margaret. :panda:

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