Jump to content


  • Tweets

  • Posts

    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

My DLA to PIP journey


Nystagmite
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1036 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

In May of last year, I was diagnosed with a condition called Hyperacusis. This means that my hearing is too sensitive and it can be quite painful at times.

 

In December, I reapplied for DLA as my needs had changed.

 

According to the letter I received in January, they can't take into account things that may happen. The chances of me having a meltdown / being very distressed (I need help when this happens) when it becomes very noisy are quite high.

 

I was told that to claim DLA, the needs have to be reasonable. But it seems as though they have ignored everything that's been written about this.

 

I am confused as to how they say they can't take things into account that may happen - but they've agreed I need help cooking a meal because I may burn myself or I may not cook the food properly.

Link to post
Share on other sites

  • Replies 232
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

This is quite a typical arugument for the DWP to make - I've seen it many times.

 

It can be appealled, but success depends very much on your individual circumstances - is the condition impacting another condition, for instance ASD. Is there the possibility of harm coming to you during a meltdown. How well can you control your home environment?

 

Just out of interest, do you receive a mobillity component?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

Yes, I receive mobility. But that's more for sight impairment than anything else.

 

I can't really control the home environment that well. Not helped by neighbours who think it's ok to let the dog bark all day and slam the door all the time.

 

It depends on what you mean by harm. Because I just tend to walk away. But there's also the risk that there will still be a lot of noise about. There's the issue of finding somewhere safe that's quiet too.

Link to post
Share on other sites

See, when you go outside, you're covered by the mobility section of DLA. For care component it will be about requiring supervision in order to prevent harm, unless you can show that you need assistance frequently during the day due to the issue. How often during the day do you need assistance with care needs, including this?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

It's usually several times a day. The problem is, I am unpredictable. So some days very little help is needed and other times, (more often than not) I need help for most of the day.

 

There are also other issues they've ignored. In the disability handbook, it states that those with IBS are expected to deal with it themselves unless they have another medical condition preventing them from doing that. I was told to wear nappies; but wasn't told how as someone with limited vision, I can change them myself. Wet wipes were suggested; but it wasn't explained how they'd help. I use them and they don't solve the issue.

Link to post
Share on other sites

  • 2 weeks later...

I got my appeal papers through today. DLA have contacted ESA, which has made no difference; as both agreed that I have difficulty with communication. (there are other descriptors I meet for SG; but I assume that as soon as one is met, they don't read the form any further)

 

Really starting to get annoyed about this now - I have demonstrated time and time again that I have significant care needs, which they seem to have ignored. it seems to be based a lot on the fact that I have multiple disabilities, which it seems they can't deal with.

Link to post
Share on other sites

Totally agree with you Nystagmite DLA/ESA do seem to have problems dealing with a person who has more than one medical condition. We were lucky in that one of my wife's hospital consultants asked us if we had any other problems and I just mentioned the dificulty filling in DLA form (this was some 10 years ago when the forms were simple to fill in) He then said he would send us a letter to enclose with the forms, the letter arrived about 3 weeks later. This letter included all 6 conditions that my wife is being treated for and signatures of all 4 doctors/surgeons dealing with my wife. I included the letter with the DLA forms and some 8 weeks later recieved the decision from DWP full rate mobility and full rate care without my wife even having any form of medical.

 

This was made easy due to the fact that one consultant cared about his patient and any problems they may be having outside of the hospital care. I know from later experence that my wife experence is a once in a blue moon but I do believe that a letter from a hospital consultant can be a great deal of help with DLA/ESA and the soon to be dreaded PIP.

 

all the best with this dpick

Link to post
Share on other sites

Thanks. :)

 

Part of my issue is that I don't see anyone about my Autism and was only told (I found this out 4 months after I saw someone about this) that I may have it and don't have a proper diagnosis. There are no services for adults in my area.

 

Because I'm incurable and there's no treatment for any of the issues I have, my only contact is either with a GP or a consultant once a year to check that my sight hasn't got worse. Everyone else has discharged me.

Link to post
Share on other sites

I agree the system is poor for dealing with multiple conditions.

 

The impression I get is they look for a condition that is severe in both ESA/DLA decision making. But they dont take account that having multiple conditions even if each is not severe can be as disabling as having one severe condition.

 

My opinion is tho DLA seems to be worse than ESA, the ESA descriptors can at least catch things, whilst DLA decision making seems more reliant on confirmed medical diagnosis.

Link to post
Share on other sites

Just to point out anyone who is receiving DLA now and has a "Change of Circumstances" from 07/10/2013 will be assessed under PIP ....

 

Any New claims for DLA will be under PIP from 08/04/2013.

Edited by 45002

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

 

 

Link to post
Share on other sites

As mad as it sounds, I am actually quite tempted to claim PIP instead of waiting until / when I am assessed anyway. The descriptors for PIP seem to fit me better than DLA.

 

To make it worse, a lot of what I've written on my form, appears in the decision makers handbook - ie, it's normal stuff that you'd expect to see in someone with my disabilities. The only exception being my visual impairments; as these are quite rare and more complicated than "I can't see".

Link to post
Share on other sites

Nystagmite

 

Have you ever tried looking for a support worker/local charity around where you live to help you with your claims and appeals !

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

 

 

Link to post
Share on other sites

There is a local support group; but the branch officer is on the spectrum too and has her own issues. She has helped me a lot with housing stuff.

 

I do have a social worker; but after meeting me for 2 minutes, she decided that low rate care is the rate I should be on.

Link to post
Share on other sites

As mad as it sounds, I am actually quite tempted to claim PIP instead of waiting until / when I am assessed anyway. The descriptors for PIP seem to fit me better than DLA.

 

 

Yes, I'm considering doing this for my husband who has mental health issues - especially as getting a higher PIP award early will trigger premiums which will be protected under transitional protection under UC, whereas get a higher PIP award after UC and no premiums.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

Link to post
Share on other sites

  • 1 month later...
  • 3 months later...

I missed my DLA appeal which was last week. (I am not well at all right now) I received a letter about this yesterday.

 

They said if I don't attend the next one, it'll be decided there and then. They then wanted to know the following:

- has my vision become worse and

- has my colour vision got worse

 

Both of these are actually impossible to comment on. They work out how much vision you have by using the eye chart. Due to the conditions I have, it has been argued that the eye chart isn't that accurate. My vision can be affected by things like tiredness. Last year (or the year before, can't remember) I had 2 appointments in 2 weeks at the eye infirmary and both times, had an eye test. Both times, the results differed.

 

The way they determine whether you're colourblind is by using those circles with numbers and you have to try and work out the numbers. Except, I don't have a huge amount of vision in both eyes, therefore, the result would be affected in that way. I've done this test 3 times in the last 3 years and all 3 times, have only been able to read one or two of the numbers.

 

I've also noticed they've mentioned nothing about the other conditions I listed on my claim form. Does this mean they're completely ignoring the other conditions? I made my original claim for DLA 5 years ago and claimed originally on sight impairment. I am now claiming on the basis of the original sight impairment plus another sight impairment, Autism and arachnoid cysts. I don't have the typical symptoms of Autism (I'm a female and we're different to males) and have a condition for which there are less than 200 people in the UK with it.

 

My Autism and the ACs have been ignored completely - despite me constantly writing on my form that these both require care needs.:mad2: Not seen anyone about either condition since diagnosis, apart from ongoing issues with headaches and other associated issues. (not seeing a specialist about any of this)

 

DIAC won't help me because they've decided I won't qualify, which they decided within 5 minutes.:mad2: I'm not well at all either - the pressure in my head appears to be raised slightly, which is causing a lot of head pain.

Link to post
Share on other sites

I don't have a written, submission, no. DIAC won't help me and I'm really not well again.

 

Many are in your position with no outside help or support. This was the intention of the government.

 

I've come to realise that trying to fight the DWP is now almost impossible - many like you just don't have the strength.

 

Many now just accept it as part of the normal life of being ill and disabled.

 

Good luck, you are not on your own.

Link to post
Share on other sites

I'm happy to help, but I'd need more info re how your conditions affect you, mobility problems, and what care you need in order to put something together.

 

Thanks. :)

 

Current issues are:

- communication (reading is difficult due to sight loss and many people don't understand me when I speak)

- can't follow directions - ie, if you tell me to "turn right and then turn left" - that confuses me because you've not actually said how far to walk after turning right

- can't see well enough to judge speed / distance of traffic

- problems getting dressed - I may put on dirty or unsuitable clothing

- - I have problems interacting with people I don't know. I can't stand noisy crowded places and usually warn friends that I may be outside because it's got too noisy and I start to become agitated and fidgety. If I don't remove myself, I will then have a shutdown and go non-verbal

- can't cook a meal due to not be able to read instructions due to sight impairment, can't read numbers on cooker, etc

- if I am doing something, (ie, playing a game on my computer) I can sometimes completely forget the time

 

Will think of more later. But I am still not well.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...