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MrDCLondon

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  1. Hi All, Have requested copies of my company policies relating to company car and holiday pay - will revert back as soon as I get them. Many thanks for all your help Regards, DC
  2. mariefab, As far as I'm aware it runs from Jan-Dec 5days per week 22 days per year holiday entitlement Thanks, DC
  3. Hi All, Thanks for all the posts, and in some cases, not really the advice I was looking for, but all helps. No-one has picked up on the fact my Appeal was not even acknowledged, or honoured - this is why my feeling of "being victimized" comes from. My ex-employer stated I could appeal. I did, and I wasn't given a reply. Just a "pick up your things, we sent you the letter" yet cannot offer proof or even reply to my emails with the original letter. They claim they emailed me a copy when they also posted the original, neither I have received and they cannot offer proof on it. I honestly believe they are lying. BRIGADIER2JCS, whether you would have dismissed me in the situation was not what I was looking for, in reply to your question about employee handbook, yes there is one and I am waiting for copies to be sent to me - I was never given my own copy upon joining the company, just asked to read through the "office copy" and sign it. mariefab, and indeed anyone else, in 10 months of employment I have only taken 11 days holiday - would this be above what has been accrued. I am struggling to understand the accrued holiday part, can anyone offer a bit more explanation at all? Many thanks DC
  4. Hi All, In advance, I apologise for the VERY long post but I want to give everyone as much information as possible as I'm really in a pickle for what to do here I have recently been dismissed on one account of an act of gross misconduct and received my final monthly salary on Friday, followed yesterday (Saturday 31st) a letter detailing deductions from my pay. The letter states "As you are aware you have taken 8 days of leave above that accrued for the working year to date - this has been deducted from your basic pay" and a deduction of £707.68 has been taken from my salary. In addition to this deduction, there has been £40 for "Valet for car return to professional condition" and £68.45 for "Private Mileage". Let me explain the events leading up to my dismissal as there are a quite a few things that I need help on... I had been with my employer, henceforth referred to as "CVS" since June 2011, as part of the package I am entitled to use a company car and mobile phone, the company car is considered a tax benefit and my tax code is 265L (£4000 odd deduction for use of car from money earned before tax comes into play). Over the course of the 10 months in employment, as I am frequently driving around the City of London I've accrued 4 parking fines from City of London Corporation. Two of these I believe I was in the right and appealed against them to the PATAS, sadly my case was rejected against both of them. In the first appeal hearing for said parking fine, I was asked the question "Was it you driving the car, Mr DC"...to which, to this date I cannot fathom why I said it, but I replied saying "No, it was my manager Mr. GT". The truth is I was actually driving the car that day of the parking fine, and I don't know why I said it wasn't me....I will never know why! Three days after the appeal hearing, the notice of rejection of the appeal was sent to my employer and listed the fact I had claimed it was not me driving the car but my manager GT. So, I was called into an impromptu meeting with said person who handed me the letter along with the comment "Can you explain to me what the f*** this is?"....said person become very vocal with me and said he was disgusted, I should be sacked on the spot, if he could hit me he would....I admitted that I had wrongly said to the appeals service it was my manager driving the car, and that I could not tell him why as I didn't know why I did it. I was asked to hand my mobile phone in and stay at home the day after and attend a meeting on Thursday (which would be two days after this) so he could "think about what do with me". My employer knew that I did not cope with extremely stressful situations very well, and coupled with the fact in the weeks prior to this event, there had been a lot of stressful things happening at work, that evening whilst on the way home, I suffered a panic attack and in my distressed state, feeling very angry at what had happened to me, I kicked a lamppost very hard and ended up tearing a ligament in my leg/foot, and damaging my lower back to the point where I could hardly walk - after a visit to the hospital and a follow up at my GP the day after, I was signed off from work for two weeks with "Anxiety and Back Pain" listed on the sick note. I had called my manager and informed of this who replied "send me the sick note. we will be in touch." That evening, I had the sick note faxed to the office. Two days after, I receive an email from the Managing Director of the company saying "Hi DC, I hope you are feeling better, please find attached a letter in relation to the events over the past week. Copies will follow in the post. The letter was basically an account of what my manager said to me, obviously missing out the verbal abuse, and that the "evidence shows have committed an Act of Gross Misconduct and a breach of the implied term of trust and confidence between employer and employee", in addition the letter ended "We [CVS] find it strange that only upon the truth coming out about your actions you became ill and needed to be signed off for two weeks". They then asked me to attend a formal disciplinary hearing two days later to "discuss the events" I informed my employer that I found it strange that knowing I could not drive or hardly walk, they had asked me to attend the meeting - to which my employer replied "Your doctor has signed you off not fit to work, we are only asking you to attend a meeting. Just f***ing attend the meeting". I felt intimidated and I didn't know what to do, so I agreed to attend the meeting, knowing full well it would be a very painful experience for me as I could not drive and would need to get the train there. On the day of the disciplinary hearing, the meeting took, and I kid you not, no longer than 3 minutes - it takes me 2 hours to get to my place of work by train as it's a long commute, and a very expensive one - the disciplinary hearing was simply one question "Do you have anything further to say other than that you made a mistake and you're sorry about it". My only reply was "What else can I say, I've been here for 10 months, done a stellar job as you have said yourselves, and I made a very silly mistake which I am gravely sorry for". I was sent on my way just 3 minutes after starting the meeting with a "we'll be in touch". Later that evening, I receive another email from the MD of the company detailing my Termination of Employment and that I would "be paid up to the end of the month less deductions which will be detailed shortly". They indicated my Right of Appeal to the company chairman, who was the MD's father, and was given 5 days in which to appeal in. I submitted my appeal to the chairman, then had a face to face meeting with him just a few days later on a Friday morning - I explained again that I was very sorry. In 10 months of employment I haven't had one sick day, I've always hit targets, I've never been late....and I found it strange that for one incident, without even having a verbal or written warning on file, I am dismissed immediately. The chairman ends the meeting with "he'll be in touch". Over the weekend, I hear nothing from the business...come Monday, I hear nothing.... Then tuesday comes along. This morning I am driven in my company car by my father to a psychiatrist about 30 miles from home to talk to about the anxiety and panic attacks (as my doctor had previously, although not writing it on the sick note, said I could be suffering from depression). As we leave the psychiatry, I notice my company car has been stolen. Well, that was my initial thought. I called up the person in my employer responsible for the cars and she said "Let me look on the tracking system, yes it's on it's way back to our office. I thought you knew about this?" Bear in mind I've had no contact from my employer since the Chairman said to me "I'll be in touch" about the dismissal appealing hearing. I called him up on his mobile, and he said to me "Yes, I've collected your car. What do you want me to say? I sent you a letter about it over the weekend". My house keys, my wallet, my mobile was in the car...everything. The next morning, I make the train journey to the office - oh surprise surprise, everyone is "out at the moment" and I am told just to collect my belongings, sign a statement detailing I had collected everything that I owned, and to "just leave". I ask for a copy of the letter that was apparently sent to me and nobody had one in the office, not even HR. They could not provide me any proof of postage either. That evening, I emailed the MD and Chairman for a copy of the letter they sent me along with proof of postage, and up to today, one week later, I still have not heard anything other than the letter stating my deductions and my P45. So, where do I go with this one? Here's where I'm looking for this brilliant forum to offer advice - Where do I stand on the deductions from my final pay? I haven't agreed to any of them and the first I knew about them was today when I opened up the letter - I've been left feeling horribly shaken by the whole experience, at the moment I'm not looking for work as I'm worried a new employer will treat me like s*** again and I dread even applying for a new job. What can I do here? - Is it right that my ex-company should have just collected the car without notice, without telling me and not even caring how I would get home - Do I have any case for an Employment Tribunal as I really do feel victimized, or are they acting completely within the law? Thank you all so much for reading this post, I apologise for the length...and if anyone has any questions please let me know and I will field them. Regards, DC
  5. Hi Jamberson, Thanks for your reply I've never been issued a Notice to Owner in relating to this - the only documentation I have is the original PCN affixed to my vehicle. I can probably dig out the original P+D as I have to keep all of them for business expense purposes. Regards, DC
  6. Good afternoon forum, I wondered if I could get some advice on this please. In July 2011 I received a PCN from Bexley Council whilst parking in OAKLANDS ROAD car park, with contravention "Parked in a car park without clearly displaying a valid pay and display ticket or voucher or parking clock" I challenged the PCN stating that the car park had only recently introduced 24 hour parking charges, I had parked at 11pm at night for just over 30 minutes and affixed the P+D ticket on my windscreen - the lighting levels are TERRIBLE in that car park, and as such the CEO probably didnt see my ticket and just assumed I hadn't paid. I never received any correspondence back from the council - until TODAY! I've received a letter titled "Notice of Rejection of Formal Representation Response to Holding (FR)" stating the reason for the Council's decision: "The Council previously sent you a Notice of Holding indicating that additional evidence and/or documentation was needed to consider your representation comprehensively. You were given a specific time period in which you were advised you must supply the requested evidence and or documentation, otherwise the Council would serve a Notice of Rejection on you. There is no record from the case file that you have supplied the Council with the requested evidence and or documentation, within the required time period specified or indeed at all, accordingly, the Council must make a decision based on the evidence so far presented and in this instance the Council must uphold the issue of the PCN." First of all, is it me or does the response given to me above seem like something thats essentially been copied and pasted from a "blanket response" document? Secondly, I have never received any request for additional documentation "and/or" evidence...in fact I never even was acknowledged that the Council received my initial challenge. Can I get some afvice please on a recommended course of action? Do I: a.) take this to PATAS stating that I have reason to believe the Council have not considered my appeal at all, simply sending out a blanket response and lied about sending me correspondance b.) write to the Council again stating the facts above - even though the NoR states "please do not send your appeal to Bexley Council", and ask them to prove their points? Look forward to hearing your thoughts! DC
  7. So really the only reason for that contravention would be not displaying a residents permit...and by the sounds of it, you can do pay and display. So I'm a bit confused if your friend displayed everything correctly but still managed to get a ticket!! Can you tell us please which council in particular issued the PCN? Are there time restrictions on the bay/zone where only residents are allowed to park? Do you have pictures to back up your case that the CEO was wrong to issue a ticket? If you are able to post a picture of both the front and back of the PCN (blank out details relating to vehicle reg and PCN number), then that would help. - Check to make sure the road on the PCN matches the location of where parked? - Reg number correct? DC
  8. Thanks 42man, sounds like a sensible plan - that's what I was thinking all along.
  9. Hi fumed, Can you let us know what the exact contravention they are stating took place please (code is also useful)? Most council's do take pictures as evidence, and would be provided on the Council website under "Parking Services" and "view PCN evidence". Thanks, DC
  10. Hi 42man, I have written numerous letters and emails over the past 2 weeks, most of them stating the facts around the case that we disagree with their statements saying it is my father that is at fault RE time sheets by not getting them signed. I had a phone call with the owner of the employment business today and in his own words he cannot pay my father as he "doesnt know how many hours he worked. He could say he worked for 2,000 hours for all I know" and that "its under his terms and condition of contract that he should have had his time sheets signed". They seem to just ignore my statements and are circling around the same points - I told them an employee of their business personally collected the timesheets from my father..to which the reply was "I will investigate that. This is news to me"...that was three days ago, since then no response. Any ideas what else I could write as a letter to them? ACAS + CAB are advising to submit an Employment Tribunal, at this stage is that the best way to go? Thanks for your assistance, very much appreciated
  11. Thanks rebel, any help is greatly appreciated!
  12. Love that idea Jamberson - shame the Council...even if I do end up losing the case, I may have restored karma that way! green_and_mean - the PATAS letter I've got through with the Notice of Rejection DOES make statements saying the adjudicators WILL consider mitigating circumstances, I don't have the exact wording to hand. Are you sure about that?
  13. Hi Jamberson, I am already at the stage where the council have sent me an NTO which is why I've received a Notice of Rejection of Formal Representation. I agree, common sense should prevail and thats the case I'm thinking of taking to the Appeals service. Do the adjudicators have the ability to cancel PCNs on the basis of common sense? AI27, hadn't thought about bay length before. Will measure the bays, although gut feeling says they would JUST ABOUT be big enough. Thanks for your help so far!
  14. Hi Everybody, On the evening of the 19th of August, I parked in a Council run car park (OAKLANDS RD car park) that falls under the remit of the London Borough of Bexley. Paid my parking fee for a few hours, and later returned to find a PCN affixed to my vehicle stating contravention 86 - parked beyond the bay markings. I do not disgaree with the contravention entirely, yes - I am outside the bay markings and accidentally parked with my rear axle extending into the bay behind my car...I can only attribute this to a misjudgement on how long my car was (I had only bought it a few days before the PCN!), the fact it was late at night (about 10pm) and that I was desperate to use the toilet so parked in a hurry. What amazes me is that the car park, although able to fit about 150-200 cars in it, was empty to the point of about 5 cars in total..so I don't see how I've caused an obstruction to anyone or commited any REAL offence. I challenged the Notice to Owner with the below case: "I refer to your Notice to Owner sent to myself on the 04/10/2011 relating to vehicle xxxxx and PCN xxxxxxxx, and wish to make a representation and challenge this notice due to mitigating circumstances. Attached are photos I have taken of the Oaklands Road car park on the night of this contravention – you will note how empty the car park is, and indeed you can see this from the pictures your CEO has taken to support his case. In this instance, although it is clear your CEO was following the rulebook laid down, I do not understand why he did not use his discretion on this occasion. My car, although true it was slightly out of the bay markings, was not causing an obstruction to anyone and there were a multitude of car parking spaces available for other road users. Having paid the parking charge on the day, I do not feel that I should be liable for this PCN and gratefully request you cancel this notice immediately." As expected, today I received back a Notice of Rejection of FR with the reasons for the Council's decision stating "Whilst we have noted your comments, the circumstances you have described and the images attached to your email, the London Borough of Bexley does not consider that sufficient grounds have been established to warrant the cancellation of the PCN. The tariff boards posted in the car park state that motorist's should "park within marked bays at all times" and that "failure to comply may result in a penalty charge" I've attached photos of the car park I took on the date of contravention. Before I make any form of decision to appeal or pay, can I get some advice please on what you feel I should do? Do I have a case to make still? Many thanks, DC
  15. dipobrazil, It would help if you had a higher resolution of the charge certificate so we can analyse what is says in a bit more detail. I always thought these types of things had strict timescales laid down in the law...
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