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    • Anyway, I've asked my Booking.com flat-rent-out-bloke what needs to be done on the Booking.com portal to cancel a reservation. I got a late message "I'll let you know tomorrow".
    • I see that at the start of your thread you said they hadn't sent a Letter of Claim.  And in fact in all the uploaded material there is no LoC.  This is great news.  Even were you to lose - you won't - the judge would chop off a chunk of the money for their non-respect of PAPLOC. However, I'm a bit confused as you've named the file name as a SAR.  Are you sure about this?  Did you send any other letters apart from the one dx advised which was a CPR request (not a SAR) to DCBL (not Group Nexus).  I'm not being pernickety, this will be important for your Witness Statement further down the line.
    • I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”.  An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving.   The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence.   But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did.   As I explained, after his birthday he did not hold a licence that could be revoked.   In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive.   The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My DLA to PIP journey


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So, I complained to Atos and DWP about how the assessment was carried out. Not heard anything from DWP yet.

 

Atos pretty much told me to send medical evidence that I have the issues I say I have. I sent evidence in from my GP stating I'm partially sighted, a letter from ENT stating I have problems with my hearing and a letter from a previous GP which states I have issues communicating.

 

What a waste of time!

 

They just told me if there are two parts where are contradictions, (ie, she claimed she saw me read a letter which is font size 12 and I've said I can't read that - I passed it to my friend) to provide evidence. Um, she did an eye test on me. She pretty much confirms (after questionning whether I am really am registered as partially sighted) in the sight tests done that my vision is as severe as I say it is.

 

I think I'm going to get more sense from a brick wall, aren't I?

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  • 2 weeks later...

So, MR deadline is Friday. Something was sent by me (no medical evidece; just a letter outlining why their decision was wrong) when I received their decision at tht end of October. Evidence was sent last week which hasn't, according to the Royal Mail website been received yet. Does it matter if that's received late?

 

In the oriiginal phone call, they asked if I wanted them to use the evidence from my DLA claim, which they clearly haven't. It's meant paying for evidence ((I've moved since then and have no idea what I've done with it) they probably already have.

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I would give them a call and see if the letter has been received. You might even get an answer over the phone if one has been made

 

Was it sent signed for or special delivery?

 

Signed for is notorious for not recording delivery on the website

Any opinion I give is from personal experience .

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It was sent signed. But it's still showing as in the system and not signed for. It was sent Friday.

 

It really is quite common for signed for mail to never show as received, this is particularly so if a PO box. I often use signed for and on a decent proportion, they never show as being received yet I get replies from them. As its Wednesday today i would give them a call if you can to see if it has been received. If you can't call them and can afford it , send another copy tomorrow special delivery - that is more likely to get a signature ....but a phone call is much better

Any opinion I give is from personal experience .

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Every time I have rang them about a letter showing as signed for on the PO site, they tell me it has not been logged into their system - then oddly enough the next day it suddenly arrives and they tell me they are writing to me with the result, on a couple of occasions they have even told me the outcome over the phone.

I think the people on the phone maybe give out the same standard answer when nothing else shows up on their screen.

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  • 3 weeks later...

Still waiting on result. Have tried phoning ESA for almost 2 weeks now to say DLA to PIP hasn't been successful. Finally got through this afternoon and now have an overpayment of severe disability premium. (for anyone who isn't aware, some mobile networks include the 0345 number in your inclusive minutes)

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  • 4 weeks later...

I have an ESA overpayment due to DLA stopping and me forgetting to inform them / having trouble getting through, which has taken them until Tuesday to contact me about. Overpayment department know nothing about it and told me to phone ESA and ESA are telling me to phone overpayments.

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Edit thought something was a bit......

 

You got awarded Standard care which comes with SDP so not sure what the issue is?

 

Is this an SDP/other premium added to ESA that's continued?

 

If so whilst it's polite to inform them once you notice - it should have stopped automatically - therefore official error due to maladministration.

 

I'd call the DLA helpline inform them of it and ask their advice.

 

They tend to be quite nice about things so will do something to stop it and or tell you who to contact which will be the benefit paying it so ESA again.

 

I had 3 months of SDP continuance when I was bumped to LRC for 6 months until I won my DLA appeal.

 

Got a bit paranoid about it but after a couple of calls to both DLA and ESA and when it still failed to stop another couple the last lady just said not to worry official error.

 

But those were the carefree days of 2012! I know the DWP will try and recover everything now; but you are at no fault here so might get lucky? Plus have a good case for discretion on terms of pay back/write off which still exists amazingly.

 

Overpayments will not know about it until informed by ESA. Until they contact you officially by letter there is no overpayment.

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I don't get the issue either.

 

PIP was stopped November 4th and for various reasons, couldn't inform them until a few weeks later. I didn't find out until Tuesday that I had been awarded PIP backdated until when it was stopped. But it has taken ESA until Tuesday to write to me. PIP have informed me the decision was made just before Christmas.

 

I am still entitled to SDP.

 

When I phoned up the debt management earlier, they did say they couldn't find me on the system and to phone up next week. ESA told me to speak to debt management.

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Sounds like somebody has their wires crossed.

 

Originally it sounds like you were ported from DLA to PIP - but at a lower or zero award for care. You appealed won and this was backdated to the DLA to PIP conversion?

 

I'm confused!

 

Keep all paper work just in case and don't do anything more until a letter officially stating you owe anything arrives.

 

I doubt it will once somebody rubs 2 brain cells together but this is the DWP were talking about so it might take a little time for everything to up date correctly.

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Originally, I was on MRC and LRM DLA. I was then transferred and scored 4 points on care and 0 on mobility. I then asked for a reconsideration where I'm now on standard care and enhanced mobility. I've received the backpay to when this was stopped.

 

I've already had the letter stating I owe them money. But they can't find me on the system to say that I owe them money.

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  • 2 weeks later...

I had a really strange conversation with PIP yesterday:

 

I phoned on the 3rd to find out what was going on with my claim and was told a letter would be in the post and the money would be in the next day. I've received the money with no problems.

 

Still no sign of the letter and I've had no problems receiving any post.

 

My address has for some reason been changed to a government building. I was asked if I have an appointee which I don't.

 

I've now got to phone back next week to see if this has been sorted.

 

Rather concerned that someone other than me has managed to access my claim.

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I've found out who it was and I am not impressed. I had someone fill in my forms for me. (I refuse to say the word help because they messed my form up) I only know because I finally received my award notice this morning and in it, was a cover to them stating "we understand that you represent Miss **** *** ******* " (me) which they don't.

 

I've read the award notice and the whole thing is really bizarre:

I've always received lower mobility because whilst I can walk, I need supervision outside. Now, if you read my report, form and evidence, you can see that I can walk; but need supervision and an aid whilst outside. This would still get me lower mobility. (I'm borderline for higher mobility) Somehow, DWP have come to the conclusion I can't walk any further than 1 metre; but have no problems planning and following a route of a journey.

 

Call me paranoid here; but I'm slightly concerned that someone may see me walking (currently limping due to a fall) and decide that I'm clearly lying. Except, I'm not lying. Someone has just come to a really strange conclusion and if you look at the evidence supplied and my DLA claims, (and if you're bored enough, google the conditions I have) you'd know the decision was wrong in the sense that I can walk.

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Call me paranoid here; but I'm slightly concerned that someone may see me walking (currently limping due to a fall) and decide that I'm clearly lying. Except, I'm not lying. Someone has just come to a really strange conclusion and if you look at the evidence supplied and my DLA claims, (and if you're bored enough, google the conditions I have) you'd know the decision was wrong in the sense that I can walk.

 

Trust me, im the king of paranoia, but i wouldnt worry about this. Had something similar to this in that the assesor decided i could walk less than i stipulated on the form (admittedly i was having a terrible day at the assesment, having to cling to walls). Being a former member of the infamous "Atos Zero points club", just embrace everything that goes your way..... :-)

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