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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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fletch70

PIP descriptor on taking and managing therapy

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What a waste of time the DWP are. Sorry this has not be concluded yet but soon it will be, just keep chipping away at it.


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I have been mulling this over

 

As the judge was part of my last losing tribunal and I tried to take it to the next tier because i don't believe she gave me a fair hearing do I have the right to move it to another venue or ask for a different judge?


Any opinion I give is from personal experience .

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It often helps if the Judge is the same but you can ask for a new Judge to sit if there is a conflict in the decision.. (I believe)


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Thanks Mikey

 

More mulling over and I think I will just let it roll on for now. Should they listen to the recording there is little doubt it will show the assessor/system up for being wrong


Any opinion I give is from personal experience .

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Finally had the 'new' evidence from the DWP

 

They are asking that the recording is not allowed claiming it to be a clear abuse of the assessors Human rights although they do not say what human rights. I have had a look at the HRA and can not see anything, The only Article they could claim is Article 8 but that does not cover public life.

 

As for the panel, it appears that all those involved in the adjourned appeal are barred from taking part in the next hearing, that is by order of the judge


Any opinion I give is from personal experience .

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My hearing was adjorned , I had a phone call the morning of the hearing saying the panel were adjourning it for reasons unspecified.

 

I now have to wait even longer and also go and see HB to hand in my new financial details

 

Its a bit mad, currently I get a loan and grant for student finance which will all be classed as income, this will reduce my HB but if i get HB I qualify for the special support grant which is not counted as income and my HB will then increase

 

That is so long as the council actually interpret the law correctly which they didn't last January until they changed their minds and sorted it


Any opinion I give is from personal experience .

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Finally had my appeal on Friday. I have not got the decision yet, it will be posted on Monday.

 

A few bizarre things happened

 

DWP did not turn up even though they had been ordered to be the judge- my suspicion is that when the 2nd adornment happened they were not informed of the new date

 

The judge refused to allow the playing of my covert recordings

 

I was questioned as to why I had not queried the lack of notes from the first assessment and offered a 3rd adjournment

 

It was interesting about managing therapy where to get one point the definition is either or and it was conceded that I needed both but the judge claimed that this did not warrant an extra point so why had I appealed it - he also claimed that he was on lots of medication and he could manage them so why couldn't I.

 

I do think they were looking to give me a point there but I think I blew it

 

So it comes to- cooking a meal and taking nutrition - all depends if they think it is a choice that I survive on ready meals and purchasing meals at Uni when my OH is not around

 

I will update once I have the result

 

I do wonder - by not allowing the playing of a covert recording when the DWP knew I had it and in my appeal letter I had offered to transcribe it all - have they left a possible avenue to the UtT as there is case law , albeit employment tribunals , allowing the use of covert recordings


Any opinion I give is from personal experience .

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So it comes to- cooking a meal and taking nutrition - all depends if they think it is a choice that I survive on ready meals

 

I was told I could do this. (except, due to my inability to understand instrictions properly, they're not always cooked properly) But if you look at the actual criteria, it does say cooking a meal from scratch. IE, a recipe and fresh ingredients and not a ready meal.

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Keep an eye on this my friend as there are even more changes in the pipeline for which I am about to start a new thread on, but for you have a look at what's going to happen over the next 5 years or so! See below for my link

 

 

http://www.disabilityrightsuk.org/how-we-can-help/benefits-information/timetable-forthcoming-welfare-benefits-changes#early2017


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Hi Mikey

 

Some of the changes regarding tuition fees will be good, if you remember be my belief that education should be free. The definition of STEM subjects is being extended and finance loans will be available for part time students to cover living costs although I don't know the details yet apart from it starting in 2018

 

I am just hoping but doubt if I will find out u til im home again next Tuesday.


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Well I lost my appeal and have had the paperwork .

 

I am a bit confused, it says that i have a month to either ask for a set aside or for a statement of reasons , it then goes on to say that I have a further month from the application for set aside being refused or the statement of reasons being issued to apply for permission to appeal

 

The guy on the phone said that it was actually 1 month for statement of reasons and then I had another month to apply for a set aside and then once that is done another month to apply for leave to appeal

 

Anyone know which it is?

 

Another question , and I have two answers at diffferent times

 

At my appeal are they assessing my condition on the day of the decision or the day of the appeal - these were nearly 12 months apart ?


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It's based on how you were at the time of the assessment and not now.

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It's based on how you were at the time of the assessment and not now.

 

Thanks, that is what I thought but the original judge who adjourned the hearing had said it was based on how I was on the day of the hearing although the Judge on the day said it was how I was on the day of the decision


Any opinion I give is from personal experience .

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Well I lost my appeal and have had the paperwork .

 

I am a bit confused, it says that i have a month to either ask for a set aside or for a statement of reasons , it then goes on to say that I have a further month from the application for set aside being refused or the statement of reasons being issued to apply for permission to appeal

 

The guy on the phone said that it was actually 1 month for statement of reasons and then I had another month to apply for a set aside and then once that is done another month to apply for leave to appeal

 

Anyone know which it is?

 

Another question , and I have two answers at diffferent times

 

At my appeal are they assessing my condition on the day of the decision or the day of the appeal - these were nearly 12 months apart ?

 

As Nysty says time of decision for the 2nd question as for 1st question........

 

Basically you have a month from this tribunal decision to ask for a set aside on either a procedural error or an error of law. Here you request the Upper Tribunal to look at the decision of the First tier Tribunal [FTT] you've just had.

 

Whilst you should have a decision letter from the Court you can ask for a more detailed version showing their exact reasoning called a Statement of Reasons - This delays matters whilst the Statement is produced and also sets the clock for asking for a set aside (as described above) to the date you receive it.

 

Now what should you do is the question?

 

If you think that you are still eligible for PIP re-apply. At present there is no limit on attempts from what I can tell.

 

I say this as you will need help for a set aside (this isn't like asking the DWP to look at it again), there is also the fact it could take months for a statement of reason to be produced and until received you sit there. Then you write your reasons, a judge looks at it and even if its in your favour will usually mean another FTT which all takes time! - by all means ask for one but unless there is something obvious or you get professional help - CAB or local Law centre might be a good shot? - don't expect much.

 

Forget about covert recording and the like as all they do is prove he said she said etc. They can not an will not prove that you meet the criteria for PIP which is what you need to concentrate on!

 

I meet the criteria for PIP because under activity;

a

b

c

d

e

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Hi

I think I can get the students union to help me with the set aside application

 

My reasons for a set aside are

1) The tribunal judge did not allow the playing of two covert recordings which would have cast doubt on the integrity and knowledge of the HCP

2) In coming to the decision, the HCP relied on documents that had been provided for a previous claim, as my condition had changed and worsened this was irrelevant

3) The tribunal relied on the HCP report -see above , the review by another HCP which used the first report and on the day

 

 

The thought about reapplying may be useful

 

When I last applied I was very worried about being seen to be living with someone, I spend almost every evening and night with my partner which I was not entirely open about. I currently get HB and student finance as a single person- we both maintain separate homes .

 

I think the fact I am a full time student was against me as while they accept I have compulsive gambling issues as well as anxiety and depression they seem to think my cognitive abilities are ok.

 

I did last in my appeal why I met the criteria.

The section on medication is confusing as for 1 point you need an either or but if you need both it is still 1 point.


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Seems you are starting again this year with a less than happy one. Sorry to learn of the unfavourable result of your appeal after you having taken over a year to prepare for it.

Anyway, those difficulties aside, I wish you a Happy New Year.

If nothing else this gives you the opportunity to start again from fresh, as it were. I am beginning to see signs already, after only a very few days, of you going down as similar path to the unsuccessful one you took before and rather than taking and securing things one step at a time you are going over the same old stuff that you spent the past year regurgitating with little success.

Surely the obvious next step would be to request a full and comprehensive statement of reasons for the decision that has just been reached.

Subsequent steps will surely have to depend on the contents of that statement. The statement itself may very well present you with leads as to the next move.

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Thank LW and HNY to you as well

 

I have applied for the statement of reasons and am seeing the welfare rights advisor from the Students union in two weeks. She has said that the Union may be able to help me find representation for the UtT if needed but that decision is a long way off. I am a lot more relaxed about things this year and as you say can only wait until I receive the written statement of reasons.


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So 4 1/2 months (nearly 5) after the hearing I finally get the written statement of reasons

 

If i were cynical I would think the Judge was trying to wear me down and hope I would let it drop

 

Anyway there is no mention in the SOR as to why he ignored the directions of the first judge who ordered the DWP to attend and that i provide equipment to listen to my recording.

 

I do think he has fudged the facts on the recieving help and therapy as 1) he admits that i qualify for the either and the or for 1pt but claims that doesn't qualify as 2pts. Also because we sort my medication every three weeks or so ( I have 3 weeks of boxes which we set up together) he seems to think that does not allow the extra point either.

 

Finally, and this was an untruth- he says that i said i did not cook because i did not have time due to my studying commitments. This was not true as my partner cooks for me ever night as it really stressess me.

 

I think I now have 3 weeks to either ask for leave to appeal to the UtT or to have the judgement set aside

 

is it one of the other or can i ask for the judgement to be set aside and if I fail then ask for leave to appeal ?

 

I appreciate that if the judgement is not set aside it is unlikley that an appeal will work but as my studies are now over ( almost) for the year and i have time to go through the paperwork with a fine tooth comb - now is the time

 

Any thoughts or feedback/advice would be welcome

 

I am seeing the Students Union tomorrow to see where we go


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Also because we sort my medication every three weeks or so ( I have 3 weeks of boxes which we set up together) he seems to think that does not allow the extra point either.

 

Does someone have to help you sort out your medication at least 50% of the time for you? That's what PIP is based on. If you need the help half the time, you qualify. I was told by DIAC that it's at least 4 days a week. But if you look at some of the criteria, there are some things that don't need to be done everyday. (so, you probably don't need to make a complex budgeting decision everyday; but you need to eat everyday) But in my case, when I do these tasks, I need help at least 50% of the time. Therefore, I qualify for PIP.

 

That one point is also for people who have a health condition which needs help with monitoring. IIRC, you're diabetic? Can you tell if you're having problems? Or does your partner have to look out for signs that you're becoming ill?

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Hi

My diabetes is generally well controlled with metformin however my partner frequently does remind me that some foods are loaded with sugar so it does vary. I am now looking for errors in law

 

I must admit that without the alarm clock on my phone I would forget to take my mid day medication on a daily basis

 

My problem is that they saw me as an articulate person who is doing a degree ergo my claims were false I.e if I can study my memory must be good

 

It's kinda frustrating - this is why I study full time with no job-unlike many students and no social life because I spend all day every day working. I.e it takes me, I think at least twice as long as someone else to write an essay. I know people who can write an essay in 24 hours, I struggle in 24 days. I also have a lot of support from DSA and a dyslexia tutor to achieve the results I do . O they do not write my essays for me but they spot the grammatical errors I miss or when it just does not make sense.

 

My biggest trouble is making any argument flow - hell I even sent two MR requests , god knows how or why .

 

Lots to trawl through before the end of the month. Luckily I have a week when I can concentrate just on that


Any opinion I give is from personal experience .

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Does someone have to help you sort out your medication at least 50% of the time for you? That's what PIP is based on. If you need the help half the time, you qualify. I was told by DIAC that it's at least 4 days a week. But if you look at some of the criteria, there are some things that don't need to be done everyday. (so, you probably don't need to make a complex budgeting decision everyday; but you need to eat everyday) But in my case, when I do these tasks, I need help at least 50% of the time. Therefore, I qualify for PIP.

 

That one point is also for people who have a health condition which needs help with monitoring. IIRC, you're diabetic? Can you tell if you're having problems? Or does your partner have to look out for signs that you're becoming ill?

 

 

There is an added bonus here for the claimant, let me explain.

 

 

1. If the claimant has medication a self medicates FULLY then this is no issue they can do it.

2. If the claimant self medicates AND is reminded to take the meds this is called assistance.

3. As above PLUS if the claimant HAS their medication blister packed the you are assisted more than once a day (or more in some cases)

Aids can include alarms or reminders of any sort!

4. Assistance does not mean 'present' either, blister packs ARE assistance by their nature.

5. Being diabetic also means the GP can and often does stop allowing the patient to stop monitoring their blood sugar levels daily and do it at the surgery/Hospital. Again this is assistance....

 

 

I have recently pulled apart an appeal by a professional advisor that would have seen the claim disallowed, but in this case the appeal was successful using my method and backdated over a significant amount of time....


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Mikey

 

I am sorry but i am a bit confused

 

I am currently writing a letter of appeal against the FtT decision

 

Situation is

I have receive my medication in normal packs and then transfer them into the weekly pill box- you know the type, 7 days each with 4 compartments. This is what I get the help with

 

I then use my phone to set an alarm

 

I take my pills in effect 3 times a day - morning, lunch time and about an hour before bed however I should take various pills at different times

e.g Some with food, some before food some after food etc

 

I do not do this because it is too complicated , as it is I forget , even with the alarm when I should take my pills

 

The tribunal accepted that I qualify for 3 (b) i and 3 (b) ii but said this did not mean that I qualified for 3 ©

 

They have also got several facts wrong in the statement of reasons

They claim I have completed 4 years in Higher education however at the time of assessment I had completed 1, at the time of appeal 2 and now I am coming to the end of 3

It seems that they are holding my academic 'ability' against me and saying I have levels of concentration etc which means I can do

 

I am more than happy to post up the statement of reasons if that would help me or anyone else

 

I also understand that in March 2017 there was a change in law on what medication and assistance was but my assessment was 2015 and appeal Dec 2016 although the decision did not come through until may 2017


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The quick and simple answer to your situation is to complete and submit a change of circumstances, give details of your new issues and then see what they say.

 

 

The DWP then have to reassess your criteria for your benefit, again if you disagree with the decision you can start the process again and appeal, you can also include the errors of fact given in previous appeals and the like.

 

 

An example of what I mean is already contained in what you have said above, given you transfer your issued meds to your own packs means you struggle to make sure you take the correct medication at the correct time and with the correct foods or not.

 

 

It would help to see the decision but you will need to depersonalize it before posting.

 

 

Secondly did you scan your PiP application to your hard drive as a backup? The reason for this is obvious as you can revisit it at anytime, if not you must do this from now on.

 

 

The education statement is really a non starter and can be sorted with a simple correction letter with proof this will assist you more.. I have a few more questions to ask but will wait to read your response.

 

 

Mike


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Hi Mike

 

Are you suggesting I make a new claim?

 

This seems to be what others have suggested and i am more than happy to do that

 

I am currently trying to upload the MR and the Tribunal statement of reasonsStatement_of_Reasons (EDIT).pdf

M.R. Decision Edit.pdf


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