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    • No, do the section 75 chargeback to your credit card provider.
    • See what dx thinks but it seems to me that sending a photo of your own pass isn't relevant to what happened. Let's wait and see what he says. HB
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    • Many thanks for the replies and advice!   I what to send this email to the Starbucks CEO and the area manager. Your thoughts would be appreciated.   [email protected] [email protected]   Re: MET Parking PNC at your Starbucks Southgate site   Dear Ms Rayner, / Dear Heather Christie,   I have received a Notice to Keeper regarding a Parking Charge Notice of £100 for the driver parking in the Southgate Park Car Park, otherwise infamously known as the Stanstead Starbucks/McDonalds car park(s).   Issued by: MET Parking Services Ltd Parking Charge Notice Number: XXXXXXXXX Vehicle Registration Number: XXXX XXX Date of Contravention: XX.XX.XXXX Time: XX:XX - XX:XX   After a little research it apears that the driver is not alone in being caught in what is commonly described as a scam, and has featured in the national press and on the mainstream television.   It is a shame that the reputation of Starbucks is being tarnished by this, with your customers leaving the lowest possible reviews on Trustpilot and Trip Advisor at this location, and to be associated with what on the face of it appears to be a doubious and predatory car park management company.   In this instance, during the early hours of the morning the driver required a coffee and parked up outside Starbucks with the intention of purchasing one from yourselves. Unfortunately, you were closed so the driver walked to McDonalds next door and ordered a coffee, and for this I have received the Notice to Keeper.   It is claimed that the car park is two separate car parks (Starbucks/McDonalds). However, there is no barrier or road markings to identity a boundary, and the signage in the car park(s) and outside your property is ambiguous, as such the terms would most likely be deemed unfair and unenforcable under the Consumer Rights Act 2015.   I understand that Starbucks-Euro Garages neither operate or benefit from the charges imposed by MET Parking. However, MET Parking is your client.   Additionally, I understand that the charge amount of £100 had previously been upheld in court due to a ‘legitimate interest in making sure that a car park was run as efficiently as possible to benefit other drivers as well as the local stores, keeping cars from overstaying’.   However, this is not applicable when the shop or store is closed (as was the case here), as there is no legitimate interest. Therefore, the amount demanded is a penalty and is punitive, again contravening the Consumer Rights Act 2015.   As the driver’s intention of the visit was genuine, I would be grateful if you could please instruct your client to cancel this Notice to Keeper/Parking Charge Notice.   Kind regards
    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
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    • 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
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Employment Law within the NHS


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Hi

Has anyone access to the AGNs (guidelines for employment within the NHS). I think I remember reading somewhere that when you return to work after a period of sickness a meeting should be held with management to discuss the reasons for the stress and that you cannot just be redeployed to another job. If you look at previous posting from witchiepoo on this section and also under the NHS section you will understand what is going on.

Regards

Witchiepoo

:)

2/10 Re-instated after complaint against manager

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Spoke to OH last night - he said to phone either the RCN or the appropriate union.

 

He also said that the HR department should provide details upon request of the back to work procedure.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thanks Tiglet. Have tried HR the only problem is that when I phoned I spoke to a person who is a friend of the manager that I am going to complain about so i just hung up, dont want to let on at the moment what is going on. Have just typed a statement for the union as to what has been happening so far its 4 pages long

Regard

Witchiepoo

:)

2/10 Re-instated after complaint against manager

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Get your union to request the details regarding back to work procedures. That way, tehy won't know it's you - your union rep should be able to help with this.

 

Which area of the NHS do you work and what do you do? PM me if you want - I might be able to get OH to find out a bit more for you.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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