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Claimant4wage

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  1. Generally yes . I too hate it. but some situations made people to do it as they find no way in getting tissue , kerchief etc.. suppose one induced to vomit all of a sudden as he coudnt control and vomit in a road side , will law punish him ? I dont know .. They have given a address to write if penalty not paid. I can write explaining.. I am also jobless , no benefit too. Staying with relative.. Can I request to pay a small amount monthly instead of paying in full ?
  2. Hi All, I have been issued a FPN for spitting on a bush inside the land from where the Street is around 10 feet away in Hounslow. The foremost thing is , I am not aware of this offence at all. i DONT SEE ANY NO SPITING SIGN BOARD ANYWAY INSIDE OR OUTSIDE the land. There is an office in that land . When I came out of the premises I felt some saliva struck inside throat and before enter into street ,I spitted on the bush grown in front of premises. Oh suddenly I saw an officer came running towards me and started to say I committed an offence as spitting on bush which has been recorded so that a FNC will be issued. I really shocked . The penalty is £80. I clearly explained to the officer came from the council that I ddnt know anything about this law and also promised him I will never do it again. He was very adamant and never accepted my cry. He issued a FPC and told me to pay at the council. Its really a miserable situation for me. After that I just googled for spitting and penalty . I get only the penalty for spitting on the streets. Even though without keeping a sign board NO SPITTING , how can I avoid doing this ? I dont understand this type of enforcement at all. Please advise me how to appeal and make the council to waive off this unfair and irrational penalty .. I will be very much thankful for all those who advise.
  3. Hi all , I am again thankful to all you those who advised me for my problems. I contacted Police and Mobile co and explained in details about what is interception in my case. After weeks a new officer from Mobile co told me and sent mail apologising for the incorrect / wrong advice and information given by the one who handled my inquiries . Now they said No need for a court order to disclose these evidences. This is what they said '' the Police can send a request to Mobile co Disclosure police team under Regulation of Investigatory Powers Act (RIPA) request and the copy call can only be provided once in receipt of a production order from the police SPOC.'' If Police make sure that the alledged suspect is to be implicated upon identifying voice and other email contacts suspect had with the mobile co, then they will produce a case before a judge. As its a criminal case, Can I ask the Judge upon decides Frausdster is guilty, then can I ask the Judge to make Fraudster to pay a compensation to crime victim - me ? What would be the punishement for the Fraudster - jail for some days ? or just release him giving a warning ? I will be very much grateful for all your replies and advice.
  4. Now I FEEL LIKE TO DO AS YOU SUGGESTED. I may find difficult seeing solicitor as it seems to be expensive . When I contacted a Solicitor explaining the matter and Norwich Pharmacal Order , he sent me the following ; '' My fees for a NP order will be in the region of £5-15000 plus vat in advance of carrying out the services ( the ‘Retainer’) . You will also need court fees in the region of £2000. we need circa 5-7 days '' I was about to faint after reading the cost for the court order and lawyer fees. will this order cost as such ? The police told me that company require a court order. Thats all . When I asked who needs to get this order , you , the police team or me ? he still ddnt send me reply . I wll try to contact him again. Police in charged already told that the case has been transferred to a Detective and CPS ( Crown Prosecution Service ) to decide prosecution upon gathering evidences .
  5. Sorry, I ddnt include the exact Fraud done to my account. In fact , the suspect used all my personal details , pw etc.. and contacted company impersonate me thus got a expensive Mobile device . He changed my original address , mails etc . He had many more calls with the mobile company until he received the device. Thats why company has stated as ' We have located a number calls but we are currently unable to provide you with a copy of these due to the fact you were not the person making the call(s) in question.'' So it was an interception as per company's law. Hope I elaborated the matter. Can I apply for the Order using N 244 ? PLEASE ADVISE. I will appreciate and be thankful to all replies.
  6. Thank you very much for all who replied and advised. I am now briefing some points for consideration with regard to Police action. Its around 06 months since I reported this Fraud to police via Action Fraud . Then Police had statement from me to investigate. Upon my complaint they arrested suspect and interviewed and then released as Suspect denied Fraud. Police said told me no evidence to continue . I many more times told them by mails and phone calls to get the evidences from the Mobile company such as mails, calls to prove the case giving all the details of mobile company contacts . But Police ddnt do instead they after months told me to get all these evidences myself and send to them to decide prosecution. You know when I sent mails or letters I ddnt even got a reply from Police who is handling my case. I dont know why . And then I applied SAR to get all evidences from the mobile company. After a month , They sent me some Notes with some details But denied sending me the Calls recordings and some mails which they said as those calls were not made by me and it doesnt come under my personal data so that they cant disclose to me. . Mobile company informed me that '' We have located a number calls but we are currently unable to provide you with a copy of these due to the fact you were not the person making the call(s) in question. The information that you are seeking relates to a third party and although they were purporting to be you a copy of these calls does not constitute your personal data as defined by the Data Protection Act 1998.'' Further , they told me If Police requested Mobile company directly then they would produce to the police team . So I told Police to request the company and waited . I was struggling to contact the Police handling my case . May be he was busy or backlog of inquiries..!! I dont know. Unfortunately the Police conatacted me nearly after 02 months , saying that the Mobile company's Police Disclosure Team has required a court order to produce all evidences to the police. When I contact the mobile company inquiring about this court order they told me that '' We will not be able to supply the information without a court order, normally when the police request information from us it is completed using RIPA, Regulation of Investigatory Powers Act 2000, your case was discussed and did not fall into these criteria.As your case was classified as Interception this would be outside our remit to supply such information without a court order.'' Now I am really in a miserable situation. If I can do myself to get this court order I will . Because I find difficulties to hire a Solicitor as I am having very very low income . Please help..
  7. Thanks for your response. I am not penchant for just typing... I am sorry I couldnt come online because of some personal problems to post the outcome for the thread you mentioned which was poste on 2 Oct 2016. The outcome was very satisfactory . I WON the case . Defendant coudnt prove his side instead paid my wages. Please accept my apologies for not posting then. The problem I face now is completely different one. See the other replies from me.
  8. Hi all, I am posting this mail to get help and great advice with regard to a court order to obtain evidences as Fraud happened to my phone account. Police team is investigating the case . They arrested a Suspect too. The police team requested evidences to implicate suspect and put the matter before court . When all these evidences such as Call Recordings and mail contacts which perpetrator allegedly had with the phone company were requested from the company , they told me to get a Court Order and submit so that they will produce all evidences requested. So Please let me know the correct 'Application Form' to apply for getting a Court Order to make the phone company to produce necessary evidences they hold to me. Should I apply for Norwich Pharmacal Order in this case ? If so , please tell me can I apply myself ? Which is the correct Court Form for this NPO order - N208 or N244 or any other ? It would be a great help and I will be grateful for all who advise.
  9. Dears , Obeying some of your great advice , I applied to the court to order to defenant for the disclosure of cctv footage of some of the days I was working with defendant. Court has ordered to the defendant to produce a disc of recorded cctv footages for the days , i.e , between 10 september 2015 and 25 september 2015 , I have requested for. The Defendant has been given 05 working days to produce this footages. If I get these footages , this will clearly show disputes and arguments he had with me on the day I was stopped from working. Its an information to all who replied. I wll post other details of my claim in days.. But I am sad becuase sometimes defendant will delete all these footages and tell the court all have been accidently deleted.
  10. @BankFodder Thank you very much for your advice. I have many more pages of statments which I can not post here. Bu I will try to post the very important points with regard to this claim. Can you please give me some advice on the below matter; Defendant runs his small business from his kiosk within a shop. He wrote to the court that court officer had said , the hearing notice was posted in 5 May 2016 to his old address. He has sent to the court his Licence to occupy agreement date starts 10 April 2016 so that he moved to the new address on 10 april 206. Therefore he said he did not receive the hearing notice which was sent to his old address on 5 May 2016 because he was not there on this date. But Company House shows he has changed his trading registered address to the new addess on 20 June 2016. if so he must have received the hearing notice. What I want to know is can defendant runs his business from the new address without changing his trading address on the same day as in the licence to occupy agreement ? Can he changes his trading address after one and half months of getting the licence to occupy agreement? ( old address chnged to adjoining address , ie ( No - 98 TO No - 100 ) If I am right I can point out these too. sorry for my simple English. please some time to reply ..
  11. Thank you for your kind reply.. Can you please comment on the following statements ; ''''Defendant has said in his witness statement that He MISPLACED the court letter for Hearing, as he moved to the new shop. But the shop is just adjoining one.''' BUT, ''' his solicitor mentioned in his case statment that Defendant DID NOT RECEIVE COURT LETTER and HE MAY HAVE BEEN MISPLACED THE LETTER due to moving to new place''.( adjoining shop). My point ; The term MISPLACED clearly proves that the defendant received court letter .. Didnt he ? If he did not receive the letter from court , as his solicitor mentioned, then How could a letter be misplaced if that was not received ? make any sense ? I THINK DEFENDANT INTENTION DECEIVING . Because these are the points I am going to point out to the Judge at the Hearing and if I am right I can convince Judge not to set aside. please explain me kindly and advise if I am wrong..
  12. steampowered, BazzaZ, Thank you very much for your replies.. I will brief my case below ; For my unpaid wages I took legal action against the defendant 06 months ago in county court. Defendant received my claim and he sent defence for my claim with DQ to the court. The claim was allocated for a Small claim track and court notice for HEARING sent to me asking me to serve and file documents to the court and defendant. I did as court ordered but defendant did not serve and file his documents. Then I went to the court with my 02 eye witnessess . But defendant did not come to the Hearing. I told Judge I served all documents to the Defendant but he did not serve me any. So Judge questioned me and examined my all documents including my witness's statements. Thus, Judgment was granted in favour of me. Then court sent me the copy of judgment order which sent to Defendant who then applied for set aside judgment after having received the judgment order. The court sent me copies of defendant application for set aside judgment with his witness statements. The reason has been said in the set aside application is NOT RECEIVED notice for the Hearing as defendant moved to the new place. This is the sole reason he has mentioned to the court. An other things is he has requested this set aside jugment to be dealt without a hearing which the court did not accept. The argument of defendant is I was not a employee but a Volunteer. I gave many evidences to the court to prove my employment with him although I had verbal agreement . I need to write some points here about the statements of defendant sent with set aside judgment application. He has said in his witness statement that He MISPLACED the court letter for Hearing, as he moved to the new shop. But the shop is just adjoining one. But his solicitor mentioned in his case statment that Defendant DID NOT RECEIVE COURT LETTER and THEN HE MISPLACED THE LETTER due to moving to new place. I need to give some explanations to the court about these statements I believe are contradictory which proves defendant had received the court letter for hearing so that he mentioned MISPLACED. I am preparing my reply to the defendants statments to be sent to court. please KINDLY give me some advice on this. Sorry for my simple English.
  13. Greetings.. Hi, I am new to this forum .. ITS REALLY A GREAT SITE. I would like to get some advice from your great service for my claim case . I explain briefly below; I am the Claimant and a judgment was given DEFAULT in favour of me in a county court for my unpaid wages as Defendant did not come to the HEARING. As defendant did not pay me , I was about to make an application to the court for the service of Bailiff , then Court Notice arrived with the copies of judgment set aside application and a witness statement of defendant , saying as follows; '' TAKE NOTICE that the application to set aside judgement Hearing will take place on 1st November 2016. 30 Minutes has been allowed for the Hearing '' please kindly help me to answer the following; 1. Should I take my eye witness along with me to this Hearing to prove my case which I hope will help not to set judgment aside ? 2. Can I send my witness statement with my REPLY to the court for the defendantst false details? 3. Actually what will happen at this Hearing and what will the Judge ask me ? 4. What is the consent order ? I coundnt understand it fully .please give some details.. 5. How to write to Judge to make an Order to the defendant to bring some documents for the HEARING , I many times had asked for from defendant which he did not serve me yet? hope you will find some time to answer me kindly.
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