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    • Hi,   Is anyone able to help with a refund for Pitman courses?   In 2017 I signed up for the Executive PA Diploma and completed a total of 3 modules, due to center opening times and closing at short notice which even saw me turning up at the center when it was closed, due to not being notified it would be shut.   I spent alot of money on this course and have to stress that it has left me in financial difficulty since, I did not complete the course also due to personal circumstances being a carer and having mental health issues. However on some given days I would be notified that the center was shut due to external exams.   Does anyone know about proceeding for a refund, I willing to take it down a legal route.    Please note I have contacted the franchise center and been told I will not be issued a refund by them, however I am due one.   Thanks  
    • Okay I have just started to write a draft to put together as defence:   In The County Court   Claim No: XXXXXXX Between XXXXXXXXXXX (Claimant) -and- XXXXXXXX (Defendant) ____________ DEFENCE ____________ 1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2. Based on the deficient Particulars of Claim, it is believed that the claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) to the driver of the vehicle XXXX XXX, parked at XXX. 3. It is admitted that the Defendant was the registered keeper of the vehicle in question, at the time of the alleged issuing of the Parking Charge Notice (PCN). 4. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the Particulars of Claim do not meet the requirements of Practice Direction 16 7.5 as there is no mention of anything which specifies how the terms were breached. 5. It is denied that: a) A contract was formed b) There was an agreement to pay a parking charge. c) That there were Terms and Conditions prominently displayed around the site. d) That in addition to the parking charge there was an agreement to pay additional and unspecified additional sums. e)The claimant company fully complied with their obligations within the British Parking Association Code of Practice of which they were member at the time. 6. The Defendant did not enter into any ‘agreement on the charge’, no consideration or communication took place between the parties and therefore no contract was established. 7. The Defendant denies that they would have agreed to pay the original demand of £100 to agree to the alleged contract had the terms and conditions of the contract been properly displayed and accessible. 8. Due to the sparseness of the Particulars of Claim, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct. 9. Further and in the alternative, it is denied that the claimant’s signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.       Statement of Truth: I believe that the facts stated in this Defence are true. Name Signature Date     I need to add that there is no contract with the company, I am unable to confirm terms and conditions as you need to display the permit whilst using facilities on site, the car park in question is free,  the £60 fine was unlawful, the parking company have no proof of loss, they are abuse of process, I wasn't named as being the driver, I have no PCN or any of their solicitor until the claim form came through the post. 
    • scroll up to  ericsbrother post of February 10    a good start.   dx      
    • you have now said twice in posts you have been fined. that shows you haven't been reading up here on private parking claimform threads at all.   use our custom google search box that comes up after you hit our top squares logo.   type in   PCM Claimform.   theN READ as many threads as you can.   you should spot that when people file a defence  its one that has about 3 - 5 simple very basic short lines. and that is one that is applicable to the claimant and the type of parking claim in their poc they are making    you don't file early!!   you have 2 weeks to work this out   post it up here 1st please    
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  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  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . 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 [1 in the count]
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batty69

ATOS fun and games already started

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My partner who is on lifetime DLA is being reassessed for PIP. Having had an uphill struggle to claim other benefits and his pension, we are well versed with their tricks by now.

 

This morning he a received a random phonecall from someone unwilling to identify themselves, who was asking for personal information. He refused, unless the person identified themselves and gave a return phone number (it was a 'private number on the caller ID) for him to call on. They refused point blank and said "There's no point in continuing the conversation and slammed the phone down"

 

Despite the fact my partner has had no contact from the DWP or ATOS since he filled in his form. I immediately suspected this was ATOS, fortunately I was around the corner from their assessment centre at the time and went round.

 

When I went in the person who I saw was the person who had called my partner! However they kept refusing to discuss anything with me (which is fair enough, except confirm it was them who had called my partner), but I requested a phone no so he could call up, confirm his details but much more importantly find out when his assessment is!

 

She refused point blank and said that's "his problem for refusing to hand over his details". Cut a long story short (which was mainly filled with lies from this person about the PIP procedure) I found out his appointment is this Friday from the main ATOS call centre. WTF! we have had no letters, no text's and most importantly this woman was refusing to tell us when it was was!

 

Anyway we have had the appointment shifted.

 

Some quick questions.

 

1) Is there any chance this lady I spoke to, will be the one who will be doing the assessment ? i.e. is it the assessor who makes that phonecall before the appointment

 

2) We want to record assessment, how do i get written permission ?

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Hi.

 

You would normally ask them to record it. Last time I saw anything about recording a yourself you had to jump through so many hoops it wasn't worth it.

 

Other people may be more up to date than I am though, please wait and see what they say.

 

HB


Illegitimi non carborundum

 

 

 

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Just contact the assessment centre and ask for the assessment to be voice and/or video recorded for your records.

 

The person you saw will just be doing the admin. It will be a qualified healthcare professional that does the assessment.

 

Be aware that as soon as you put one foot in the door of the assessment centre, the person having the assessment will be assessed. It does not start when they take them into the assessment room. This is why the assessor will come to the waiting room to collect the person to be assessed.


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PUIP assesments are not recorded, they have not provided any recording equipment

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If that is the case, take your own recording equipment and advise them in advance that the assessment will be recorded.


We could do with some help from you.

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they look out of the window an watch peopel walking up the road towards their building. Anyone being a bit nippy crossing the road to avoid becoming a statistic will get marked down. Cheekiest I saw was the assessor sitting in their car in the car park ajacent to the building watching the people who parked up there get out of their cars.

 

 

Just contact the assessment centre and ask for the assessment to be voice and/or video recorded for your records.

 

The person you saw will just be doing the admin. It will be a qualified healthcare professional that does the assessment.

 

Be aware that as soon as you put one foot in the door of the assessment centre, the person having the assessment will be assessed. It does not start when they take them into the assessment room. This is why the assessor will come to the waiting room to collect the person to be assessed.

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they look out of the window an watch peopel walking up the road towards their building. Anyone being a bit nippy crossing the road to avoid becoming a statistic will get marked down. Cheekiest I saw was the assessor sitting in their car in the car park ajacent to the building watching the people who parked up there get out of their cars.

 

 

I actually dont think its that cheeky.

If you say you can only walk 50 yards but are skipping from the car park and then "put it on" when you step thru the door then its a fraudulent claim.

Unfortunately these ATOS numptys think every claim is a fraudulent one, not a tiny percentage.

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Thanks for the responses, will keep you all updated with how things go. I fully expect us to be turned down, we always are, but then win on appeal. However I have got fed up of the blatant lies they make and the time and distress involved in appealing. So this time, I'm going to be fully prepared and will be taking action beyond just appealing.

 

With the help of this group in the past, I have taken on a billion pound company on my own in court and won. So I'm not averse to a big fight against these kind of sharks.

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Update on this, we went for the assessment and had the thing recorded. The whole thing took about 2 hours complete.

 

Assessor seemed fair, and when using an old report to compare against. I asked her to read out some bits where we know we have been "misquoted" in the past.

 

However we have now had a phonecall from the assessors wanting to "clarify" some answers. I presume her boss is not happy with the report and think we are a soft target for our claim to be rejected.

 

Stupidly, the other half agreed to have the phonecall there and then without rearranging.

 

Anyone have any insight on why they do this ? How common it is ?

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