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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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    • We have finally managed to obtain the transcript of this case.

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Child transferring from DLA to PIP


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Hi,

 

My grandchild will turn 16 next January and we assume he'll be transferred from DLA to PIP. I've read on various forums that the PIP forms are sent out a year in advance, but his mother hasn't received them yet. He's on indefinite DLA. Should his mother request the forms just now or just leave things as they are and wait and see whether the forms will get sent out. We live in Scotland.

Thanks in advance for any info.

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Probably best to let sleeping dogs lie - DLA will continue to be paid until the assessment process for PIP is complete, so there's no advantage to filling in the forms early. Use the time to start collecting evidence and read up on how best to complete the forms.

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RMW

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

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Thank you both for your replies.

 

I actually made a mistake in my initial post. My grandson isn't on indefinite DLA, he's been on it since he was very young, he was awarded it until his 16th birthday. Will that make any difference or will I just tell his mum to do as you suggested? Again, thanks for any more info.

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It won't make any difference. I've heard of cases (I'm not sure of the situation now) where some children have been kept on DLA for now because of the backlogs.

 

But yes, as RMW said, DLA will be paid until PIP process is complete.

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Thank you for your reply. Just to clarify, should my daughter just wait until the PIP forms arrive? Won't my grandsons DLA stop on his 16th birthday though as that's when he was awarded it until? Sorry for all the questions, it's just that we don't want his money to stop on his birthday and his mum suddenly finding things extremely difficult moneywise. If that happens they could be without that money for goodness knows how long as we've read that PIP can take months, even a year before it's awarded, with assessments etc.

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Your daughter should just wait for the forms.

 

DLA would only stop if the forms weren't returned on time (you have 4 weeks to return them) or in their opinion, he doesn't meet the criteria.

 

Whilst PIP does take months, his DLA won't be affected during that time as long as the forms have been returned and if he has, attended the assessment.

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Just done a bit more research on this and apparently a claim for PIP CANNOT be made by someone under 16, so in this case it can't be made before the existing DLA award has expired and so the forms cannot be sent out much in advance. However, I would be suggesting that Mum contact DLA if she's not heard anything by about a month before the 16th birthday.

RMW

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

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