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    • 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.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Social Media & Employment Guidelines


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We are, unsurprisingly as their usage getting a lot of employment problems regarding social media such as Facebook, so I was wondering if we could maybe put together a little stickied guide on the do's and don'ts?

 

My thoughts, based on how I use FB for example would be:

 

Put your Privacy Settings on Maximum.

 

That includes setting it so that your profile does not display in searched by your name or email address.

 

No matter how well you feel you get on, no matter how long you have worked alongside people, do not add them to your Facebook friends list. Especially don't add Managers :-D

 

Don't add the company you are currently working for to your profile, just in case that gives them a way to get even a glimpse of your profile.

 

I have created an album with several screenshots to show what maximum privacy settings look like

 

http://s107.photobucket.com/albums/m309/prw2005/Facebook%20Screenshots/

 

Just to add, this is what my Profile looks like to a non friend - as you can see, my wall, interests, photo's, everything is blank, not even my friends list appears, there is literally nothing to identify who I am, especially as I have an extremely common name, and don't use my middle name on FB :-D

 

Basically all anyone who is not on my friends list can discern (and remember my profile has been set so I do not show up in name OR email addresses) so they wont even find the profile anyway, is that I am Male! Thats it. Thats all your employer should see too.

 

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Edited by caledfwlch

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Sound advice, unfortunately by the time people get to here its sometimes too late!

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Also, don't make wall posts about work, ever. Just. Don't. Do. It. You might think it's funny at the time, but when someone has screen-capped it and sent it to the MD, the amusement wears off pretty quickly.

 

Before you post anything, think about how it "sounds" in type versus how it sounds when you say it out loud. When you're using social media, the person on the receiving end doesn't have the benefit of your facial expression, body language or tone of voice. What might be funny and lighthearted in person can seem distinctly different when it's in writing.

 

Most of all, remember once you've put something on a SM profile, it can be recoverable even if you delete it, not least because some people will quite happily screen cap and save questionable postings (and believe me, this does happen). There is very little chance of denying or mitigating down something that you've put in writing!

 

In 20 years of working life, I have never known any one factor to generate as many warnings, grievances, disciplinary meetings and actual sackings as social media.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Good resource.Will make this a stickie.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Oh yes...I know this might seem obvious, but if you DO decide to add work colleagues, don't go within 10 feet of a keyboard if you've had a couple of drinks. I've seen this cause a variety of trouble from a message intended for a spouse being sent to the wrong person (!), to allegations of alcoholism. :|

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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  • 2 months later...

This sound really wise on the one hand, however I am wondering whether it makes any sense at all to be on there then, if no one can find me etc.

 

Would it not be just easier to not have a profile at all?

 

I also have a question.

 

My employer asked a few of us to become community managers and so I now have two profiles, both with the same photos, one is my own and the other is an upgraded account that is paid for by the company.

 

My job with relation to this was to collect contacts that are relevant to my job and the business.

 

I have now handed in my notice and would like them to remove that profile as I will not be working there any longer.

 

Does anyone know what are the legal requirements for them to remove my profile and stop using my name and photo please?

 

As far as I am aware the company does not have a social media policy for employees, as such so it was dealt with on a more ad hoc basis.

 

Any advice would be much appreciated.

 

Thank you.

 

Mariann

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Hello,this should be relatively straightforward.

Simply advise them that you remove all permissions and will rely on the Data Protection Act for their compliance.

You can do this by writing a formal letter,or else serving them a section 10 notice under the DPA.

There is a template of this in the CAG library.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Hi All

 

Can't find the letter in the library and the company I used to work for is still using my name and photo.

 

Could someone tell me which letter to send please

 

Many thanks,

 

Mariann

 

Hello,this should be relatively straightforward.

Simply advise them that you remove all permissions and will rely on the Data Protection Act for their compliance.

You can do this by writing a formal letter,or else serving them a section 10 notice under the DPA.

There is a template of this in the CAG library.

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  • 3 months later...

A word of warning, my facebook privacy settings were set to private. I worked for a well known charitable advice agency, and after 7 months was pulled into a disciplinary, and shown a snapshot of my wall, where there was an article on the BBC posted about the lifting of regulations for EU nationals from certain countries allowing them to have access to public funds. I must have liked it on the BBC page, and it showed up on my wall that morning along with the comments left on the BBC website from others. The correct procedure was not followed with the meeting, ie I was just told to bob in for a chat a few seconds before, was not warned beforehand etc. I didnt even have my glasses so couldnt see the article properly. I have done employment law at Uni, and knew that this was wrong. I denied having any racist feelings, but the HR accused me as such. Made me make a statement where I denied putting it on my wall, and when I told her my wall was private anyway she showed me on her wall how she had accessed the information, A snapshot appears when you access through a mutual friend! This was a clear invasion of my privacy and I have made numerous complaints to the head of the charity itself, as my work record was more than impeccable. We were facing redundancies next month, and I believe it was a ploy to get rid of me with no notice.

 

I submitted evidence that facebook can post on your behalf, when you like an article, and also that the privacy settings were set to private, but I was told by my boss, I had to resign or face a second interview the next day where the likelihood was that I would be fired for gross misconduct for being racist. All totally wrong from an organisation that advises others every day on employment rights!

 

I couldnt afford to have this on my record as I am newly qualified,and have just spend years getting my law degree after my divorce. I did not want to jeopardise my work record, and after getting upset resigned. I did not sign the letter, and my immediate bosses told me their hands were tied by the HR dept, who they outsource to. I have retained a good reference.

 

I am currently trying to get some pro bono assistance to help me take this further, as I hadnt been there 2 years I have no claim in the Emp Tribunal, unless they will bend and allow it under the Equality Act, however I possibly do have one against the government because they failed to give me adequate protection against freedom of expressing my political views in an ET court after a recent ruling said that article 11 covers freedom of political expression as well as religious. Just need help as its out of my league as an advisor..

So be careful what you put on your wall and NEVER trust work colleagues as they may be your friends, but when push comes to shove and they are faced with them or us situation in redundancy they may choose to cover their own backs and stab you in yours!

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There is more than one FB privacy setting and it sounds like yours is set to "friends of friends."

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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It says only friends on the privacy settings, Ive since checked it again, its definately friends. Yet the print out says 2 mutual friends, on the side and it gives a snapshot of the last few posts and details of me, that should have been private. Just want to warn others to be careful, apparently its the biggest area of reasons for misconduct at the moment, and with the new employment laws last year, anyone with less than 2 years service from April 12 cannot raise a claim in the Employment Tribunals, unless its covered under special circs..

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There is no such thing as privacy - anywhere - on the internet. You must always consider that ANYTHING, even if made behind the mask of a privacy setting on Facebook, can potentially be seen by anybody. A 'friend' can easily re-post something that you have written, or systems to provide privacy can break down or otherwise be breached. If the employer becomes aware of it, then they can act. It's not always fair, but is a fact of life today that one should always consider whether anything written on a page, blog, forum etc could be seen as detrimental to an employer, colleague or organisation, or call into question one's personal integrity.

 

Having said that - I think your employer grossly over reacted!

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  • 9 months later...

just a little update on this, tribunal has been set for a 3 day hearing against CAB my previous employer. It turned out to be a ruse to stop me becoming employment rep, they dug around and "discovered" a news article they didnt like. It is also a breach of your political expression if the comment is political in anyway and it happens after June this year. We have a good strong case, so if anyone does have this happen dont give up and fight them if you can..

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