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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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SkintBag

Lack of Care From the NHS

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Hello there, please forgive me if this turns out to be a long thread but the issue is very complex.

I dont really know where to start so Im gonna jump straight in. In Nov 2004 I gave birth to my son and after 6 months or so in March 2005 I started to bleed very heavily and did'nt stop until Dec, during this time I had regular doctors appointments to try and find out why but they did'nt seem to intrested and gave me some tablets to "control" the blood loss. Obviously I was bleeding non stop so became very ill whilst this was going on dropping down to below a size 8 (bearing in mind that I am a 6ft tall lass who is usually a size 12) and had to sleep all the time due to having zero energy for anything. After another visit to the doctors in November 2005 she realised that even on the highest dose of the medication given (9 tablets a day) they were having no effect what so ever and decided to prescribe the Pill??? (maybe she thought it was irregular periods) to try and control the bleeding. However before I could start taking them I fell pregnant again (must have been one of the days I stopped bleeding for 5 mins) and the bleeding appeared to stop. The doctor said that it seemed to clear up on its own so not to worry and that none of the medication I had been taking would affect the baby.

 

Then in January 2006 I started to bleed again, fearing the worst I headed to hospital and had an early scan to check, everything OK. The bleeding continued and I started to have regular appointments with the doctor again and also the hospital to try and locate the problem( i had to fight for these appointments as it was not worrying the doctors/hospital. After several tests they told me that they could find nothing wrong with me or the baby and that I should'nt worry about it to much (easy for them to say, I was bleeding so heavily that even maternity pads were useless) so on it went.

 

Then in April I started to get excruciating stomach pains and contractions and passing clots, I telephoned the hospital and they told me that I should go home and rest up as there was nothing they could do, they did'nt even tell me to come in for a check up (this all happened on a friday night and I called them on saturday morning, as I did'nt have a phone and where I lived at the time no-one opens their door after dark) anyway I had an appointment on the Monday so I just grinned and beared it.

 

Then, at the Monday appointment at the maternity clinic they checked baby and said everything was fine, I went to the consultation only to be told that the consultant who's care I was under was discharging me from her care as "it was no longer required". I went home and cried.

 

The following saturday I started having pains and contractions again and after fighting it for about 4 hours I finally gave in and let my husband get me a taxi to the hospital while he stayed at home to look after our son. After arriving at the hospital and having all the staff watch me try and make my way to the maternity department (I was in excruciating pain and could not stand up properly, I even had to take the stairs as no-one would let me into the lift) I gave birth to my daughter at 21 weeks obviously by this stage there was nothing that could be done. Strangely after all this happened the bleeding completely stopped and has not re-occured.

 

Sorry for the ramble but I want people to know what happened prior to the event before asking any questions.

What I would like to know is

1. How would I go about getting copies of my maternity notes for this pregnancy?

2. Would I be able to take any action against the hospital for failing in their duty of care, since afterwards a midwife said it was obvious that there had been warning sign's but no-one picked up on them.

3. I don't want any compensation, just an apology would be nice and for them to change they way they provide care (or lack of) is this possible or do I have to claim compensation?

 

We did go to a solicitor when it happened and he took the case only to drop it as soon as the hospital sent him a generic explanation about miscarriages and did'nt explain their actions leading up to the event.

 

Any advice will be greatly appreciated. And on a happier note I got pregnant again a few months later and now have a beautiful baby girl (3 months)

Thanks again, for any help.

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hi skintbag, gosh dont know what to say after reading your story, i'm truly moved and very sad to hear what you've been through, i'm utterly appalled. i'm afraid i can;t help you with any of your questions, but i'm sure someone will be along soon to help you with your queries and their advice and knowledge is fantastic. hope you get your answers soon.

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1. How would I go about getting copies of my maternity notes for this pregnancy?

2. Would I be able to take any action against the hospital for failing in their duty of care, since afterwards a midwife said it was obvious that there had been warning sign's but no-one picked up on them.

3. I don't want any compensation, just an apology would be nice and for them to change they way they provide care (or lack of) is this possible or do I have to claim compensation?

 

 

1. Yes. Submit a Subject Access Request to the NHS Trust concerned. Make sure you ask for all the records they hold including those relating to your maternity care.

2. Possibly, but you would need advice from a lawyer specialising in medical negligence.

3. It isn't necessary to make a claim for compensation, or take an action for negligence. You can simply make a complaint.

 

There are two ways to make a complaint. You can just write a formal letter of complaint to the Trust setting out the situation. Or, you can go through the hospital's Patient Advice and Liaison Service (PALS). PALS remit is to deal with 'concerns'. They have access to everyone in the hospital and will work to a laid down procedure. Don't be fobbed off lke the solicitor was; insist they provide a full and detailed response to the points you raise.

 

I'd suggest that everything is in writing, so there can't be any misunderstanding.

 

It may well be that on some of the occasions you describe there was nothing that could be done clinically, but that should not stop staff explaining why and providing reassurance.

 

I find it incredible that so many NHS staff working in Obs and Gynae seem not to realise that whilst miscarriage may be a routine situation for them it is a major event for the patient, who may well go through the same grief as if the baby had been born and then died. Emotional support is as much a part of care as any clinical procedure.

 

You can get some useful information on the standards that nurses and midwives (difference between a midwife and a rottweiler? - lipstick) should adhere to from the UK Nursing and Midwifery Council at NMC Internet (tip - look for Duty of Care and Midwives Rules)

 

The Miscarriage Association at The Miscarriage Association - introduction also has some info on the standard of care you should expect.

 

Ask if you need help drafting anything.

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Guest louis wu

I am sorry to say this, but if there is something in those note that they don't want you (or a solicitor) to see, then you can be sure they will have gone missing.

 

Its a sad state of affairs, but the NHS has become the victim of so many compensation claims that they will do anything to hide the evidence. This leaves people like you with little/no hope of getting to the truth or receiving an apology.

 

I would just urge you to be careful where this goes, I have known people tear their families apart trying to get to the bottom of things, and have never been satisfied with the result. I am not trying to say leave it, but don't sacrifice the needs of yourself and your family to persue this.

 

Whatever happens, I sincerly hope that you get some closure from this, and can move and enjo everything that your little girl brings you.

 

louis

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I am sorry to say this, but if there is something in those note that they don't want you (or a solicitor) to see, then you can be sure they will have gone missing.

 

 

This does seem to happen with depressing regularity. I am aware of one place where the chief executive (a nurse) insists that all SARs are dealt with personally by her, on the grounds that 'they aren't a matter for administrators'.

 

The NHS has many contradictions, and the way they handle complaints is one of them. There is always some new policy or system for improving care, backed up by seminars and some impressively pompous articles in the journals. The difficulty is that they don't follow it through - senior staff attend meetings and pat each other on the back for achieving targets and producing glossy reports - but the reality is that on the ground little changes.

 

But, if a complaint is raised as a concern, and that the intention is to seek to offer constructive criticism and provide an opportunity to identify lessons rather than to seek compensation, it may be easier to follow through.

 

In defence of NHS staff, for every genuine patient who simply wants to know why things didn't go as they had expected, or why something went wrong, there are ten who are seeking compensation because the lavatory paper was the wrong colour, or the food did not contain the level of additives to which they are accustomed, or the fact that they were enormously obese and smoke should not have prevented the doctors curing them at once.

 

Persevere; it will be worth it.

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Thanks alot for all advice, i am going to request my notes but i dont really know what to put in the letter, any suggestions will be gratefully recieved. I will perservere thank you coz i know that it will be worth it.

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Suggested letter:

 

Data Compliance Officer

Insert NHS Trust/Hospital name here

 

 

 

Date

 

 

Dear Sirs

 

Data Protection Act 1998 - Subject Access Request

 

Please provide me with a copy of all data relating to my treatment at (NHS Trust/Hospital). Note that I do not require x-ray films.

 

Please ensure that this request is fulfilled within the statutory time limit.

 

Should you need to verify my identity, or if it is your intention to charge a fee for the provision of my records, please contact me without delay.

 

Yours faithfully

Notes:

 

1. The fee for a medical records S.A.R - (Subject Access Request) is £10 where the records are held electronically and £50 where the records are manual, or a mixture.

 

2. Many NHS Trusts use their own forms for SARs, and they may ask you to complete one of these.

 

3. Dept of Health/NHS policy is to deal with SARs within 21 days, though the Data Protection Act allows up to 40 days.

 

4. The time limit clock starts after they have verified your identity and any fees have been paid.

 

5. The fees aren't mandatory, but are the maximum that can be charged by law.

 

6. If you need your GP records, you will have to submit another SAR to the GP.

 

7. You are not required to give a reason why you want your records.

 

8. The letter refers to x-ray fims not being required. This is becaase they are unlikely to be helpful in your case, and because most Trusts won't release them; if they do, they have to be returned anyway.

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Thankyou Scarletpimpernel, Your advice is very useful and i am very grateful for your advice i know some people will think that i am just someone who cant move on and so am looking for someone to blame but that is not the case and i appreciate you taking it seriously.

It states in the template letter

Should you need to verify my identity, or if it is your intention to charge a fee for the provision of my records, please contact me without delay.

Does this mean i can send the letter and then the charge is sent later. If so this would help as i dont have the money yet but that i can still get the ball moving.

 

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just a quick note to louis wu vbmenu_register("postmenu_1011644", true); thanks for the warining but my family are completely behind me as its not just me who has lost a daughter, my husband lost his daughter. Its not for closure as to why im doing this i have already accepted that i have lost a daughter but that is not what its about its about the lack of care i recieved for example at worst case At 21 weeks if i was threatning a miscarriage yet i was told to stay at home and rest up which would be ok had i not been so far gone. But coz i was it wasnt pretty. When i did lose her i had a clot of over 700ml so had i stayed at home there could of been serious complications and put me in danger yet this was not taken into account.

So i know there was lack of care

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Thankyou Scarletpimpernel, Your advice is very useful and i am very grateful for your advice i know some people will think that i am just someone who cant move on and so am looking for someone to blame but that is not the case and i appreciate you taking it seriously.

It states in the template letter

Should you need to verify my identity, or if it is your intention to charge a fee for the provision of my records, please contact me without delay.

Does this mean i can send the letter and then the charge is sent later. If so this would help as i dont have the money yet but that i can still get the ball moving.

 

 

 

There's no reason why you shouldn't send the letter now. The charges aren't mandatory - they can provide the info free if they wish (MOD policy is not to charge, for example), but I fear that most NHS Trusts will charge the max - as a deterrent if for no other reason. The hospital may have a concession policy, but these are locally determined. CAB may also be able to advise you on this.

 

Remember that the 40 days doesn't start until you have paid, however.

 

You should not feel bad in any way about raising your concerns; As professional practitioners, doctors, midwives and nurses are all accountable for their work, and should act accordingly. The hospital should view your raising of concerns as a positive attempt to help them to identify lessons for the future, and to gain an insight into the patient's experience, which, now that everyone is supposed to be more involved in their own care, is important. There is a huge difference between curing and caring - there has to be a balance of both.

 

You will need to give some thought as to how you will submit your complaint; ideally it should offer a brief overview, a diarised version of factual events, an account of what the effect has been on you, and a summary in which you also outline how you would like to see it resolved. Please remember that you don't have to do all this by yourself. I can help you with it if you wish.

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This is for scarletpimpernel, thank you for all this help once again. For your to be able to help me, and because you really seem to know your stuff, would it help if i scanned the previous complaint procedure? the reason i ask is really because i would like someone elses opinion about the occurance of the event. And i would really like to see what you make of it. Im gonna send the letter off requesting my notes anyway but feel an outside onlooker would help me to know that what i am doing id right.

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I'm happy to look at it. However, for reasons of medical confidentiality and to prevent possible compromise of any future plans, for you to send it to me by email in the first instance. I will pm you an email address when I get home later.

 

I'm aware that the moderators rightly feel that all CAG advice should be in the open, and it is my intention to continue to do this. Unlike bank and DCA letters, the details of a medical complaint is likely to be difficult to anonymise, so I propose to look at the docs offline, but will post a summary and all replies to SkintBag in open forum. If any mods object to this plan, please let me know.

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Soz hubby was logged in but showed it was me?? lol.

Thanks Scarlet I'll wait for your PM. Same goes for me if the Mods have any issues with this please let me know and we will work around it :)

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way to go skintbag:) if i was in your position i would do exactly the same as you (it would tear me apart if i didn;t!) good luck and i hope you get answers...an well done to scarletpimpernel for your amazing knowledge!:)

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I have now received the docs from SkintBag, and it seems on a very quick read that the solicitor who was instructed raised a complaint, then backed off when he realised that there was no money in it for his firm.

 

My understanding is that SkintBag remains unhappy with the way in which the original complaint was handled by the Trust - and it does seem rather dismissive.

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Finally, thank you ScarletPimpernel ive waited a long time to hear someone agree with the dismissive nature, rather than wanting to get justice money was more interesting to them

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I have now had an opportunity to look at the document sproperly. Skintbag, what you need to do now is decide which specific concerns you still want to pursue with the Trust, and why their previous letter didn't meet your expectation (apart from it being defensive as well as dismissive).

 

I imagine you will want to ask them to explain about the outcome of the review they mentioned, and what actual changes they have made.

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Thanks for your time and valuable advice scarletpimpernel, I know what concerns i still want to pursue the trust with, so now i will start to try and put a draft together

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hi all, well its been over a year now, i have given birth to another daughter and the rpoblem started again but then stopped so all was healthy. I never did get to the bottom of my care with the daughter i lost, and am now unsure if its too late to try again now that i am stronger and happier with my life. any ideas?

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