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Statement of reasons
At last l have statement of reasons sent to me re refusal of PIP.They state that l travel 8,000 miles per annum in my car which is not true,and can be checked via Motability l presume.I had my car nearly 5 years,and have done less than 9,000 miles! Due to this,they say l can cover a considerable distance on an annual basis.Can this be considered an error of judgement please?
Replies
What does the distance you supposedly travel have to do with your PIP refusal?
CR
You cannot appeal to the UT on an error of fact. You need to identify one of the 5 errors of law. However, in this case you theoretically have a tribunal which made a finding of fact for which there is no evidence. The question is whether there is really no evidence. If you took out the one silly mistake would there still be evidence upon which they could have drawn the same conclusion? If there could then there's no error of law.
Either way, starting point is to requests a statement of reasons and record of proceedings within one month of the tribunal decision and then secure yourself representation in order to identify potential errors of law as well as assess your entitlement if you win. No point in showing an error of law; getting the matter referred back for a fresh hearing only to discover that you weren't ever going to be entitled anyway.