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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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Union representative let me down now I have to go to OH


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Hi. This is a very very brief writing of what has happened.I have had employment problems at my place of work for the last two years. First off, I should say that my Union Rep was orginally briiliant. She advised the school (I am a secretary) that they were walking on dangerous ground for what they had done to me and I was potentially in a position to take them to a tribunal.I thought that would be the end of it but we have a new Bursar here (ex-army) who accused me of bullying a colleague. It turned out that the accusations were false. I asked my Union Rep to come in because of this particular accusation and the fact that the new Bursar had shouted at me (which in itself is bullying). He denied he ever accused me of it rather than just saying "sorry I shouldn't have said that" or "I didn't think what I was saying etc.".My summer holiday was ruined because he spoke to me the day before my holiday so I was tense, upset, unable to sleep etc. for the two weeks I was off. I was emotional when I came back because I thought I was going to get sacked for something I did not do. A meeting was arranged for my Union Rep and the Bursar with me but not before the Bursar told my Union Rep that it appeared to be six of one and half a dozen of the other...not what he told me nor did he ring me at home to say so. He also said that my colleagues felt they were walking on eggshells around me. Having spoken to ALL my colleagues this week they all confirm that they have said no such thing and are upset he has suggested that they feel this way about me. They have known me for my good humour and support for 7 years in some cases. He has only known me for a year and doesn't see me one minute to the next.My Union Rep told me before the meeting she thought I was ill, I said I was not and that I was in fact emotional because I had worried for two weeks what was going to happen before I came back.Unfortunately, in the meeting with the Bursar my Union Rep said "I think you are ill". I nearly died. My stomach flipped over and my chest caved in. I could not believe that she had said something so stupid and especially after I had specifically told her I was not ill!!!!!!I have now been "bounced" into going to see Occupational Health at the suggestion of my stupid Union Representative. I am a fit, healthy woman. I run 5 - 6 times a week, I am happily married and am studying for a degree in Psychology. What the hell do I say to OH????I cannot believe how this has turned out. Can anyone help me please?

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Hi, If you were in an emotional state then perhaps your union rep thought that the pressure was making you mentally/ emotionally ill. This may strengthen your case of bullying and intimidation. You need to express to the OH that physically you are fit and look after yourself etc but describe the emotional effects that the situation is placing upon you. The OH will then respond back your employer laying out what actions they need to take to reduce this pressure.....which may give your line manager a warning to back off.

 

If he doesn't and the situation becomes worse you then have evidence (although I am hoping you wont need it!) of the emotional pressure and its consequences upon you if you needed to take it further.

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Hello there and welcome to CAG.

 

I don't know if you would be able to edit some paragraphs into your post [Edit post button at the bottom right hand side], but you will probably receive more replies if you make it easier to read. I know I'm not the only forum member who struggles with a block of text.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi. This is a very very brief writing of what has happened.I have had employment problems at my place of work for the last two years. First off, I should say that my Union Rep was orginally briiliant. She advised the school (I am a secretary) that they were walking on dangerous ground for what they had done to me and I was potentially in a position to take them to a tribunal.I thought that would be the end of it but we have a new Bursar here (ex-army) who accused me of bullying a colleague. It turned out that the accusations were false. I asked my Union Rep to come in because of this particular accusation and the fact that the new Bursar had shouted at me (which in itself is bullying). He denied he ever accused me of it rather than just saying "sorry I shouldn't have said that" or "I didn't think what I was saying etc.".My summer holiday was ruined because he spoke to me the day before my holiday so I was tense, upset, unable to sleep etc. for the two weeks I was off. I was emotional when I came back because I thought I was going to get sacked for something I did not do. A meeting was arranged for my Union Rep and the Bursar with me but not before the Bursar told my Union Rep that it appeared to be six of one and half a dozen of the other...not what he told me nor did he ring me at home to say so. He also said that my colleagues felt they were walking on eggshells around me. Having spoken to ALL my colleagues this week they all confirm that they have said no such thing and are upset he has suggested that they feel this way about me. They have known me for my good humour and support for 7 years in some cases. He has only known me for a year and doesn't see me one minute to the next.My Union Rep told me before the meeting she thought I was ill, I said I was not and that I was in fact emotional because I had worried for two weeks what was going to happen before I came back.Unfortunately, in the meeting with the Bursar my Union Rep said "I think you are ill". I nearly died. My stomach flipped over and my chest caved in. I could not believe that she had said something so stupid and especially after I had specifically told her I was not ill!!!!!!I have now been "bounced" into going to see Occupational Health at the suggestion of my stupid Union Representative. I am a fit, healthy woman. I run 5 - 6 times a week, I am happily married and am studying for a degree in Psychology. What the hell do I say to OH????I cannot believe how this has turned out. Can anyone help me please?

 

I am sorry that you had a bad experience with your Union rep but all you can do now is try to turn the situation around.

 

The Occupational Health doctor should be well able to distinguish between reactive stress and mental illness.

 

When you go to OH, I think that you should be honest about the effect on you and describe your embarrassment, frustration and disappointment but make sure to keep your language low-key.

I would use plenty of the jargon about "finding a way forward", "misunderstanding" etc.

 

The bursar has admitted making inappropritate comments but I think it would help if you mentioned any positive aspects of your working relationship with him. This would show that you do not have it in for him and are taking a balanced and objective view of the situation.

 

Also, it might help to consider what can be done to help you get over this unpleasantness and continue working with the bursar. Do you need some time off? Would reduced hours or mediation help? Try to suggest a solution, if you can.

 

 

From what you have written, it seems that you are being scapegoated, if that is a verb, and being seen

as "the problem". This is a nasty but not uncommon experience for workers who complain about bullying managers.

 

Lies and backstabbing are very difficult to deal with emotionally but you have a good chance of saving your job and getting things on a better footing, which, I believe, is your best option.

 

I get the impression that this is the first time you have experienced harassment at work and, if it is, you could tell the OH doctor that too. The first time is always the worst so good luck with your OH appointment.

Edited by Marieleeza
typo
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I get the impression that this is the first time you have experienced harassment at work and, if it is, you could tell the OH doctor that too. The first time is always the worst so good luck with your OH appointment.

 

HiThanks for your reply, I sincerely appreciate. It isn't though the first time I have experienced harrassment at work, unfortunately I have been bullied for two years and was on the verge of taking my employers to a Tribunal. As things have continued and now this scenario has raised it's head, I wish I had.The previous Bursar helped in my previous meeting concerning the near taking to a tribunal, because before he left (he had nothing to lose) he told me that the Headmaster would do whatever it takes to get rid of me because he wants the Governors Clerk working for him. When the Headmaster knew I knew this, he nearly fell of his chair. I am looking for another position and applying for anything and everything now so God willing, something will come up.Thank you again for all your help and advice.Mary x

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HiThanks for your reply, I sincerely appreciate. It isn't though the first time I have experienced harrassment at work, unfortunately I have been bullied for two years and was on the verge of taking my employers to a Tribunal. As things have continued and now this scenario has raised it's head, I wish I had.The previous Bursar helped in my previous meeting concerning the near taking to a tribunal, because before he left (he had nothing to lose) he told me that the Headmaster would do whatever it takes to get rid of me because he wants the Governors Clerk working for him. When the Headmaster knew I knew this, he nearly fell of his chair. I am looking for another position and applying for anything and everything now so God willing, something will come up.Thank you again for all your help and advice.Mary x

 

I am glad that you are looking for other jobs.

 

I am going to the Tribunal and it is costing me money I can ill afford.

 

Also it will take about another 5 months to get my case heard so my life is on hold. I would not really recommend Tribunal action over harassment to anyone but feel that I must fight back.

 

All 20 digits crossed (I have monkey feet anyway) that you wil find some enjoyable work soon.:-)

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  • 3 weeks later...

The [problem] by the trade unions will go on until people leave and then when they have no subs they will have to rethink how bad they treat people and change. Most Union staff wont get involved as they work together with the company and want to maintain that loyalty to represent others working there etc. I looked for help from my union UNISON been with them 5 years when I needed them over a matter they let me down badly I complained to Dave Prentis head guy and he did not care as they are not regulated and no one takes legal action against them because of costs.

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The [problem] by the trade unions will go on until people leave and then when they have no subs they will have to rethink how bad they treat people and change. Most Union staff wont get involved as they work together with the company and want to maintain that loyalty to represent others working there etc. I looked for help from my union UNISON been with them 5 years when I needed them over a matter they let me down badly I complained to Dave Prentis head guy and he did not care as they are not regulated and no one takes legal action against them because of costs.

 

I do not think they are all that reliant on subscriptions anymore Sarah. It has become a business and the union gets a percentage of all the insurance sold to members, a referral fee for all legal cases (employment civil and criminal) referred via the union (they offer legal referral for all members' family, so families of crims are well sorted) and gawd knows what else.

 

Nearly all the work involving members is done by volunteers or workplace reps so it is free labour. What a business!

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I do not think they are all that reliant on subscriptions anymore Sarah. It has become a business and the union gets a percentage of all the insurance sold to members, a referral fee for all legal cases (employment civil and criminal) referred via the union (they offer legal referral for all members' family, so families of crims are well sorted) and gawd knows what else.

 

Nearly all the work involving members is done by volunteers or workplace reps so it is free labour. What a business!

 

I makes a sham out of unions if they are making free labour do all the work when regional organisers earn 30,000 head people earn 100,000+. I read they make most money for personal injury claims referals not employment law as rep can go to tribunal. What I found stupid was that they only give you one option to follow if you dont take it they will not support you. One lady took her union to tribunal for this as they refused to support her when she resigned through very bad bullying and they told her keep working save her job. She won and I am very glad.

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unions at work are a waste of time as they are employed by your employer they will go through the motions but in the end they will side with your employer. to the poster can i ask you how will the Occupational Health doctor be able to distinguish between reactive stress and mental illness.

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unions at work are a waste of time as they are employed by your employer they will go through the motions but in the end they will side with your employer. to the poster can i ask you how will the Occupational Health doctor be able to distinguish between reactive stress and mental illness.

 

All unions are waste of time just look at the complaints on forums. They will side with your employer to protect other peoples jobs and theirs. southampton council has sacked all workers and give them new contracts to sign on lower wages or stay sacked with no money, the unions are lost as to what to do next!

 

The Occupational Health doctor is be able to distinguish between reactive stress and mental illness by questions and answers for your symptoms

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