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Sergei

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  1. Not really. They did sent these statements to the Adjudicator directly. They did however sent me a copy which I received in November last year. However I cannot tell if the Adjudicator requested any additional evidence from the Council (or DVLA, for instance). It took way too much time for this process anyway, so it is possible that some additional evidence was indeed requested (but that is just my theory, of course!) Of course, if I find it I'll let you know So far no success though. As I told in my previous post, I sold my car about two months ago, and received a confirmation of the ownership change from DVLA in March. After that I pretty much forgotten about this case anyway, to be honest with you... The case was due before the New Year anyway, in fact I find this delay even more annoying than serving the notice after 28 days!
  2. Well, they certainly presented some documents, but they submitted them directly to the adjudicator. I don't recall though that there were *exact* dates when they submitted the request to DVLA and when they received the information. However, since the whole process has been so massively delayed, I haven't even found these papers yet (the council sent me a copy). PATAS sent me a confirmation letter in the early November, so it took them almost 6 months to make a decision for this relatively simple case, lol Lots of stuff happened since then, for instance, I have already sold my car, and it was like two or three months ago Yeah, he basically means exactly that. Not for unlimited period of time, but councils may serve the notice any time within six months following the contravention.
  3. No problem with that! Here you go, the 2nd and the 3rd pages of the reply. Just deleted date, case number etc. Just in case
  4. Well, that would be bad for an Adjudicator not to know it, right? The trouble is that he agreed that the notice was served outside of 28 days period and that he himself cited the appropriate paragraphs. But here's what typically happens, all these sweet obscure small print in a subpoint in another paragraph trickery. In this case the magic is done by Paragraph (6): Needless to say though that I never personally seen the exact evidence whatsoever that this case was indeed "falling within Paragraph 5.a clause"...
  5. Hi there, it's been a while. just an update on this, I appealed to the original PCN. The decision was scheduled in January. It is almost May now, and I finally got the response from Adjudicator. And guess what, yes, the appeal has been rejected. So, it seems, councils now how the right to serve PCNs at any time following the contravention, how sweet... The date of the next general election is approaching quickly, just a thought Still have to pay £100 now though
  6. Need to think about that. What's more interesting, I have another PCN which was as well delivered more a month after the contravention, and I have yet to receive reply to my presentation for that. Interesting enough I spoke with them on the phone regarding the first PCN (in september, before I replied to it) and the lady said I had another parking violation as well. The 2nd contravention occurred in the first week of August And the second PCN was posted about a week or so following the phone conversation, so way overdue again. It would be interesting to see what they can came with in regards to the second notice. upd: Just checked the papers. The second PCN was dated 16/09 regarding the contravention which took place on 05 August I had a phone conversation with their parking department around 7 or 8 September, when they mentioned there was another fine due.
  7. They did not disclose this information. If they sent the request for registered keeper address to the DVLA 10 days following the contravention, that would mean a date around 5 August. They mean however that the rest of the delay is not their fault but DVLA's. Why would DVLA take about three weeks to reply, still avoids me. Even before the contravention, I already had a certificate from DVLA posted to me... By the way, on the reverse side of the rejection notice... I'm not a native speaker, but this english sounds rather gibberish.... Took me several readings to understand more or less what exactly they refer to... Still, why would it be an instant fine?
  8. Hello again, I thought it would be not necessary but bad luck, council did evaluate my rejection of PCN in time Details on the original PCN is here: http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/218535-cctv-pcn-challenge.html In short, PCN was dated more than 28 days following the contravention. I've just received a reply from Newham Council on the case, and they rejected my claim. So is it worth appealing? And another question, they request £100 fine now, is it correct? As I've send the initial representation within £50 period....
  9. Thanks, I'll try that. Section 8 indicates a time nearly 3 weeks before the event. 07 07 09 to be exact. Also, I've finally got in touch over the phone with the official from the Newham Council. It seems that their allowance time is TWO minutes. Are they short on money or something??? Remember that the driver did not leave the vehicle... Also, there's another problem, I'm a registered owner of the vehicle, however there is one other driver... Even though the council is going to send me additional photos, apparently they didn't take a single photo of a driver or a passenger(s). So at the moment we are completely lost who must pay it, unless we can avoid paying altogether
  10. Well I did buy the car this summer. However, I received DVLA registration form in the first week of July. So there should be at least 3 weeks between my vehicle certificate issue and the alleged time of the PCN. What's more, I cannot even get on their phone line! I want to request additional photos of the parking so I can at least remember the case, but I'm unable to do so Alternatively, I can request them by post, but that is going to take a lot of time with the council, and I have just 12 days left until my £50 period ends... What is my best strategy now? Just launch an appeal based on 28 days expiry?
  11. Hello, I've received a PCN from Newham Council related to an parking violation that allegedly took place on July 25. The PCN is dated 28/08/2009. Obviously I've received the letter nearly a week later. Also (although in this country I guess that is not a good case for defence) I'm inclined to think that the driver did not leave the car (so in the normal language "it wasn't really a parking). The incident was opposite to the busy station, I cannot tell exactly as it was quite a while ago, but I think a passenger got into my car after perhaps a couple of minutes waiting or so).
  12. I've just received a letter from CAB with a written review on my case. As I suspected, it was a complete waste of time. Basically I see nothing new in their letter. I was well aware I'm unable to get redundancy pay and that my SSP eligibility ends with the last day of the contract. I'm still quite confused why my notice ends on 17 June it it started on 20 May..... @elche: medical capability doesn't apply in my case. It is a single injury and even with NHS I can still expect nearly full recovery (and even substantial recovery is enough for me to perform my duties). Only thing that NHS is unable to provide is the ETA for the recovery. So medical issues are not even related to this matter, only difference they make is the uncertainty when I become fit for work. That leaves me in a very inconvenient situation. I will lose the right to get SSP in the second half of June with no certain date to start a new job. It is even pointless at the moment to look for a new job, as no employer would be happy to employ someone with no exact date of availability.
  13. I agree it is unethical and even ACAS good practices recommend to pay entire notice in lieu, but it is no way a requirement so employers drop their responsibility at any time. However it would be quite easy to prove that it was unfair to dismiss me as they cannot consider me for alternative position if there's no exact date given by doctors when I become fit for work. Of course, with the requirement of one year or more service it is not possible in my case. I've been to an appointment at CAB. They will review my employment contract, formal redundancy letter etc and hopefully find a way out of this situation. Chances are low but it is possible that my employer made some mistakes during the redundancy process so it would be possible to catch them on technicalities. Other than that, there's nothing else to do...
  14. Right, first of all believe it or not, but majority of people maybe without any reason but sincerely believe that dismissal on sick leave is not possible. An example of this as follows: Dismissal whilst on sick-leave ? - Yahoo! UK & Ireland Answers Yes I do have normal working hours and a salary. My contractual notice is one month, started on 8th of July 2008. They have confirmed my dismissal by email and will post me a letter. Notice period starts from 20 May and runs up to 17 June (???). I have already obtained a certificate which states I'm on sick leave until 18 June. They do not pay me notice in lieu. P.S. I'm aware about that dumb notice calculation. Basically thing is that if you worked less than 2 years or so, you are better off when you have no typical contractual notice of one month, you will get much better payment if you go off sick instead of working your notice. However it is still good industry practice to pay notice in lieu whilst on sick leave, but of course it is not enforced by law.
  15. Thanks for such in-depth explanation. However I may be dumb but still don't get one thing: That is exactly one of the issues I wanted to find out about When will this notice start? When I'm fit to work or when I'm on sick leave? Since last wednesday, I haven't still got any formal notice as yet. Although they told me I'm redundant by email. However I don't think this counts as a notice as yet, as they have called me for the next consultation (due to happen today). However I've been to the clinic for my weekly appointment, and the doctor told me that is probably better in my condition not to attend the meeting as yet (as it requires travelling on public transport and I'm on medication etc). I have also received a sick note stating that my sick leave will last at least until 18 June. So it is official I won't be fit for work for a month. So you see what I'm worried about: if they give me notice now and pay full month wage in lieu it is one thing. If they pay me just SSP for that month that is totally different and certainly bad thing. As for the holidays, my contractual holiday is pretty much same thing as new statutory minimum, just defined differently. It is 20 days exclusive of bank holidays. As well, it is not 4 months the way I see it, it is 6 months as notice period should be included as well (unless they pay in lieu, correct?). As even if they give me notice today (what I'm not so certain if they can) there will be roughly 6 months before it ends (obviously I didn't take any holidays in January, as my holiday year starts on 1 Jan)
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