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    • So you had until 18th October to pay it.  You didn't.  So you're stuck with a CCJ and a knackered credit file for six years. There is no way out of this.  As far as the court is concerned you were given a chance to defend the case with the court papers and a clear deadline for doing so, but chose not to - lost case.  You were then given a clear deadline to pay the money by, but chose to defy the court - CCJ.  Even if you pay it's too late to get rid of the CCJ Silver lining!  I've been on this forum for eight years and I've never seen a parking company enforce judgement for a single ticket.  It's just not worth their while.  So simply don't pay.  Not paying = CCJ, paying = CCJ, so you might as well not pay.  
    • 1 Date of the infringement 17/11/23   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 24/11/23   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received 26/11/23   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No   5 Is there any photographic evidence of the event? Yes - in and out of the barrier   6 Have you appealed? [Y/N?] post up your appeal] No   Have you had a response? [Y/N?] post it up No   7 Who is the parking company? Britannia   8. Where exactly [carpark name and town] Waitrose, Berkhamsted, Herts   For either option, does it say which appeals body they operate under. no, dont think so   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   front_compressed.pdf
    • Please damp eyed for a reply later on. We will draft a letter to the hire purchase company and threatened legal action
    • Let's try again –   when did you first have sight of this policy containing this exclusion? **Enter date here** what is the value of the damage your caravan has sustained  **enter figure in pounds sterling here or approximate figure here**
    • ive had my report done...... So the summary say's that the car has not been adequately maintained according to manufacturer standards. It has no evidence of a cambelt which he said should be every 60 months. The car is a 2017. It only has 2 recorded services in its life. He said both front shocks are leaking, MOT failure. Rear shock has bump stop perished.  The front tyres are worn on the inner edges. He said there is a considerable gearbox oil leak which is noticeable.  He has said there is a cylinder 4 misfire which is evident and has resulted in engine management light on. Cannot be road tested due to the way it is running.  He said it has been caused by incorrect or lack of proper maintenance. So now what do i do?   
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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.
      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
    • Post in Some advice on buying a used car
    • People are still buying used cars unseen, paying by cash or by bank transfer, relying on brand-new MOT's by the dealer's favourite MOT station….
      It always leads to tears!
      used car.mp4

       

       
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      Parcel delivery insurance 1.mp4
        • Haha
      • 2 replies

atoz second interview


hettygrew
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Hi I wonder if anyone can help in advising me? I had a WCA with atoz nearly 2 years ago. They failed me, benefits stopped, I appealed and won my tribunal on mental factors, then put on ESA (WRAG).

Just had a letter from ATOZ calling me in for a second interview only this time face-to-face only (no physical exam). Does anyone know why this is? and as its face-to-face only is it still assessed on points gained? I still suffer with mental health problems and heavily medicated and Im worried how this will come over at the interview. Thanks

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:hettygrew:

 

Routine reassessment of entitlement to employment n support allowance is normal. Most awards are reassessed at intervals of between six months and three years.

 

However an invite for a face to face interview isn't usually the first thing a claimant hears about it. Before the interview, most claimants are asked to complete an ESA50 questionnaire like the one below. Increasingly Atos aren't bothering with them for mental health claimants (unless Royal Mail have lost yours) but it means a huge chunk of claimant evidence is lost. If you don't have the technology to download and print a copy from the internet, phone your benefit delivery centre for a paper form.

 

https://www.gov.uk/government/publications/esa-50-limited-capability-for-work-questionnaire

 

CAG has a guide to completion of an ESA50 at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

And there's a guide to the mental health part, with some tips about supportive evidence, on Rethink's site;

 

http://www.rethink.org

(Search for Work Capability Assessment Factsheet)

 

If you take a completed copy to your interview the assessor has to read it before s/he starts the assessment. Other important papers to hand to the assessor are, copies of any medical reports you've already got and a copy of the tribunal decision.

 

Assessment criteria are in the booklet at;

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

'I'm worried how this will come over at the interview', ask for your assessment to be audio recorded;

 

http://blog.atoshealthcare.com/2012/12/how-to-request-an-audio-recorded-assessment

 

Best wishes, Margaret. :panda:

 

 

You may have seen media reports that routine reassessments for ESA have been suspended cos of contractual difficulties between Atos and Work n Pensions. Doesn't apply to reassessments that were referred to Atos before 20 January 14, as this one probably was.

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