Jump to content


  • Tweets

  • Posts

    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Time off for dental/doctors appointment. What is the law?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5518 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anyone tell me what the Law says about having time off for Dental or Doctors appointments? Does the employer have to allow you time for this?

 

Also what about taking a son or daughter for a dentists appointment? Does the employer legally have to allow this without asking for the time to be made up?

 

Thanks in advance.:-)

Link to post
Share on other sites

It is my understanding that there is no statutory right to have time off to visit the Dr. or Dentist

 

With regards to dependants again there is no statutory right for time off with the exception in a failure of normal care arrangements, you are allowed, to take unpaid leave, in order to deal with emergency situations regarding dependants.

 

I would say that a routine visit to the Dr or Dentist would not fall under this heading but this is open to interpretation may be dependant upon the reason of the visit.

 

I would be interested in sidewinder or Che's thoughts on this.

Link to post
Share on other sites

Hi Freaky

 

The doc is basically right in order to implement an EU directive the UK Parliament inserted a new s.57A into the ERA 1996 which is often referred to as Time off for Dependents.

 

The right however, as the doc rightly states, is limited to 'emergency situations' such as accidents, unexpected disruptions in care etc. It would not extend to pre-booked GP / Dentist appointments as by their definition you had advance notice of these.

 

The right could be used by you saying that I had arranged for a childminder to take my child to the GP and 1 hour before or on the day they phoned me and told me that they could not come - this unexpected disruption would probably bring you within the Act, but I don't think this is really what you were asking.

 

Parental leave can exist in certain circumstances but this must be taken in minimum blocks of one week - so doesn't really cover your question.

 

Finally check any handbook / policies / contract - large companies sometimes have an actual policy re gp appointments etc

 

Hope this helps

 

Che

  • Haha 1

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

Thanks chaps. All as much as I thought really.

It's not me but Mrs Freaky who is having a hard time from one of the HR bods in her place.

I was hoping she could throw something legally binding at her.

 

It's a bit of a poor show if she has to feign an emergency for the sake of a 10 minute check up.

 

Thanks for all the information.:)

Link to post
Share on other sites

 

Not sure about the accuracy of everything in that link DMD, helpful of course though it is.

 

For example it states the right is to paid time off.

 

Check out some of these links:

 

http://www.businesslink.gov.uk/bdotg...0898061&r.s=tl

 

ACAS : Acas - Working parents

 

AMICUS: Your right to dependant's leave

 

They all suggest that the right is unpaid. Perhaps there is another right that they were referring to in the law and parents link?

 

I'm happy to stand corrected, but I am not aware of any statutory right to dependent leave that would be paid.

 

Kind regards

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

Think it's discretionary at the moment.

 

I worked in the public sector for a while and we were encouraged to make our appointments at the beginning or end of the working day. We did have our time made up to equate to the full day though....although this didn't equate to much in practice as I was working far in excess of the standard day anyway.

 

The ironic part was one day when I woke up with an eye infection. I got an emergency Optician's appointment to check it out thoroughly as I wear contact lenses. I then went to my GP's and picked up a prescription for antibiotic drops before going to work. Think it took less than 45 mins in total.

 

However, my request for my time to be made up for the Opticians appointment was refused as it was against the Employer's Policy!

 

So, I should have stayed at home for a further 30 minutes waiting for my GP's surgery to open...then made an emergency appointment for after morning surgery...and then I would have been lucky to have got into work by lunch time. BUT I would have had the morning credited!! And they wonder why the country's in such a mess!!!

 

Back to post...has Mrs Freaky offered to make the time up??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Just found this at CAB...

 

 

Time off to visit the doctor or dentist

Your employer may allow you time off work to visit the doctor or dentist but they are not legally required to do so unless your contract of employment says they are. Your employer can, for example, insist that you make these visits outside work hours, that you take holiday leave or that you make the time up later on. You should check your contract of employment to see what rights you have to take time off for doctors or dental appointments.

Pregnant women, however, are allowed reasonable paid time off work for ante-natal care. This time does not need to be made up later on.

If you are disabled and your employer will not let you take time off for a medical appointment connected with your disability, they could be breaking the law.

 

http://www.adviceguide.org.uk/index/e_time_off_work.pdf

Edited by WelshMam2009
Link not working correctly

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

I have to admit I do become a little frustrated with people who seem to expect to be paid by their employer whether or not they actually do any work.

 

There is already a huge cost to employers in meeting the statutory requirements, and when myself and the other "bosses" at my company get paid late, short and sometimes even not at all in order that we can meet our contractual obligations to our employees, it really does get frustrating when said employees then expect to be able to take time off work for various reasons (in of itself not too much of a problem) but then expect to be paid for not working.

Link to post
Share on other sites

I have to admit I do become a little frustrated with people who seem to expect to be paid by their employer whether or not they actually do any work.

 

There is already a huge cost to employers in meeting the statutory requirements, and when myself and the other "bosses" at my company get paid late, short and sometimes even not at all in order that we can meet our contractual obligations to our employees, it really does get frustrating when said employees then expect to be able to take time off work for various reasons (in of itself not too much of a problem) but then expect to be paid for not working.

 

Don't disagree as there are always some who will abuse the system....and still do.

 

However, a little flexibility goes a long way with the work force, especially if parents of young children. In my case, my GP's surgery doesn't start until 9.30am and is closed on Saturdays. For a pm appointment you have to have your phone contantly on re-dial at 9am (which isn't always practical) and the appointments are all gone by 10 past!!

 

It all depends on your companies policies and procedures but I don't think it's unreasonable for staff to make the time up.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Give and take is the key - flexibility is fine as long as its a two way street. Sadly there are some employees who see give and take as employer gives and employees take. (having been an employee I have worked for companies that are the exact opposite)

 

Certainly we do take pains to accommodate reasonable requests from our guys - and in the main they do return the compliment.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...