- Posts: 51288
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- didnt recieve letters from atos - declared fit
didnt recieve letters from atos - declared fit
- Gordon
- Offline
The DWP don't need to send their letters Recorded, as they have a reasonable expectation that they will be delivered accurately and on time.In regards to the case number you gave me for the appeal I think I misunderstood you, you meant they dont need proof of delivery but only proof of dispatch? I would assume they cant prove that tho unless they have some internal logging system which I could argue isnt credible? since they dont send recorded/tracked. Am I right that if I turn up to the tribunal and the DWP have not bothered to supply any further evidence to their cause that I should win as long as they follow the previous ruling that you gave me. I am worried tho as the guy told me its possible my appeal wont be accepted by the tribunal service.
As to their evidence, given the timescales, I would be surprised if you have seen the evidence pack that they will be submitting to the Tribunal Service, you'll have to wait and see what they put forward.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- cc
- Topic Author
- Offline
- Posts: 70
so since that case says they have to prove its been dispatched,. what sort of evidence would they provide for that?
eg. when I used to work and letters were sent out to workers who were suspended to attend disciplanries they were sent tracked delivery because the company had to pay compensation in the past for not having proof the letters were sent. It does seem the law has been shaped to allow special treatment.
If the DWP are allowed to assume letters will arrive by basic post whats the logical reason it cant be done the other way?
I have not seen an evidence pack no, I havent even got any letter confirming they got my appeal yet. But I assume there is past cases where the DWP will have had to submit proof of dispatch and since they dont use tracked delivery I am very curious how they could reasonably do that. Proof of correct address is not proof of dispatch right?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51288
The Case Law I referred you to explains what the Tribunal panel would expect to be provided.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- cc
- Topic Author
- Offline
- Posts: 70
thanks and sorry if too many questions.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51288
Try this linkI couldnt see the details other than it says it would need proof of correct address, and proof of dispatch. to register on rightsnet is the only way to see the full details? sorry but to me is confusing
thanks and sorry if too many questions.
www.osscsc.gov.uk/Aspx/view.aspx?id=1699
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- cc
- Topic Author
- Offline
- Posts: 70
the new one is been posted on wednesday.
I read the full case document, I appreciate that, although its left me just as confused as it didnt specify what evidence was acceptable as proof of dispatch.
My sister aked the HR department where she works what they have to do as proof of dispatch (for staff on sick/suspended) and the answer was they send recorded. When I get the appeal documents, which seems to be taking forever I will check what rhey have submitted as evidence as you said. So far no postal acknowledgement at all from them that my appeal is recieved.
Please Log in or Create an account to join the conversation.