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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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Informing DWP of changes - when?


Nystagmite
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Highly unlikely that they will be interested in what the DLA report said. However, should you fail the ESA assessment, the DWP will and do use the ESA report to review your DLA entitlement

 

Simply put, no you can't use evidence for one benefit with another, but the DWP can if it means a possibility of being able to reduce the amount they pay you.

 

Doomed I tell you we're all DOOOOOOOOOOOOOOOOOOOOOOOMED!

 

The other view is that it is very unfortunate if that happens and that it hardly happens!

 

The quoted statement is very iffy as it suggests/implies that you claims will immediately be reviewed. Oh no they will not! It MAY be used at re-application/review in line with when they are normally triggered. Remember it's all just evidence. You win the game by having stronger more compelling evidence than the other guy. Simple really.

 

Applied for ESA and DLA at same time. Failed WCA with 0 points 4 weeks later was awarded LRM & MRC DLA based on claim form alone. Round 2 ESA failed ESA WCA 0 points, DLA review 5 months later award lowered to LRM & LRC reconsideration sent and it's back to LRM & MRC in under 8 weeks.

 

So which version of reality do you wish to believe?

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The simple answer, to my mind, is yes. Of course. It is evidence of your disability or illnesses. I certainly intend to include details of my DLA award in the bumpf of evidence I'll be submitting to the DWP for ESA. It is true that the criteria of the benefits are different but all evidence that supports or highlights your illness and disability in any way helps form an overall picture for the DWP Decision Maker.

Any other evidence you can think of also has some merit. I have copies of a letter written by a consultant at Charing Cross Hospital. What I was seeing him for has absolutely nothing to do with my illness or ESA. However, he did note and comment on my physical state when writing to my GP. These side comments help to support my assertation of physical debilitation so it goes in the mix!

 

Being in receipt of DLA, HRM due to arterial disease/spinal/hips and MRC due to intense psychiatric illness, made absolutely no difference to my last ESA decision - 0 points - ATOS confirmed that there was a history of mental illness but it wasn't a relevant mental illness, plus, I had the ability to walk 200 metres with no problem.

 

I acted quickly and supplied evidence that disproved the statements made by the ATOS assessor as regards the descriptors only.

 

Once I proved what the assessor had said were not true I was uplifted into the Support Group for 3 years.

When I applied for an uplift last year of my DLA award, they considered the ESA report as well as the evidence I submitted.

If I had not bothered to appeal against the ESA decision or had lost the appeal, it would have had serious ramifications to my DLA review application!

Edited by hensteeth
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Doomed I tell you we're all DOOOOOOOOOOOOOOOOOOOOOOOMED!

 

The other view is that it is very unfortunate if that happens and that it hardly happens!

 

The quoted statement is very iffy as it suggests/implies that you claims will immediately be reviewed. Oh no they will not! It MAY be used at re-application/review in line with when they are normally triggered. Remember it's all just evidence. You win the game by having stronger more compelling evidence than the other guy. Simple really.

 

Applied for ESA and DLA at same time. Failed WCA with 0 points 4 weeks later was awarded LRM & MRC DLA based on claim form alone. Round 2 ESA failed ESA WCA 0 points, DLA review 5 months later award lowered to LRM & LRC reconsideration sent and it's back to LRM & MRC in under 8 weeks.

 

So which version of reality do you wish to believe?

 

Of course it is hit and miss if it does happen. But I have been around enough to hear of cases where the DLA award has been triggered for an early review because of the result of an ESA assessment.

 

I can fully understand and accept that it is done. If you are in receipt of DLA HRM because you have said, and it was proven, that 12 months earlier you had great difficulty in walking 10 metres never mind 25 metres, then the ESA assessment throws up that you have no difficulty in walking, of course it will start to ring alarm bells!!

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  • 3 months later...

:whoo:Well done, I am really really pleased for you:whoo:, how long have they given you?

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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:Nystagmite:

 

Pinocchio's recommendation for your next reassessment will be on the ESA85A which is available on request from your local benefit delivery centre. It's a recommendation, it's not set in stone.

 

:estellyn: thinks there should be an ESA85S personalised summary statement as well. (Although I haven't seen one with an ESA85A it's worth asking cos she could well be right.)

 

Sincerely, Margaret.

 

Crossed with :estellyn:!

Edited by **Margaret**
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I have just been put into the support group with no medical.:!:

 

Thanks to everyone who gave me advice on all of this. Very much appreciated.

 

Good news,how long have they placed you in the support group for !

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

 

 

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A bloody long time! Sent off ESA50 at the start of August and my letter is dated November 27th.

That;s really really good news,,shame they took so flipping long to tell you.

 

What do you mean a long time? I consider that to have been very much fast-tracked! :D

 

I am so happy for you m'dear. Seriously good news that has made my weekend. :cheer2:

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Just finished completing the latest ESA50, Nystagmite. I think one benefit (if that's the right word!) of having wallowed on the assessment rate for so long is that I now have sufficient historical data to show my condition as it is now and the deterioration over the last four years. I've seen anecdotal reports that people at the same level as me are in the Support group so there is a little hope. That said, I'm still half expecting null points. From an NHS point of view, this has got to be one of the cheapest diseases available (it is the Tesco Value of illnesses) as there is very little treatment and no cure. So no consultants necessary, oxygen therapy doesn't work and surgery is not practical until you're knocking on death's door. But that does leave you floundering for evidence! So, fingers crossed ... :madgrin:

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