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    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
    • If everyone who wanted or needed a permit could get one easily how would PCM make any money?    
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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What is the Legal Meaning of Substantial in s43k of ERA


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I have a newspaper article that I wish to place here, am I allowed.?

It points to the type of company I believe the Umbrella company to be.

 

It should make more sense if you see the article.

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Thanks, this is the newspaper article

 

http://www.mirror.co.uk/news/uk-news/murky-plot-flood-britain-thousands-10163193

 

What relevance has it to my case?

 

While this;

 

I got the job through an agency.

 

The agency introduced me to Umbrella A.

 

A called me and sent me to their website.

 

A sent me documents to sign.

 

But B was on the document. (which I signed)

 

Anytime I had issues I called A and they dealt with it.

 

Eg, when I couldn't upload my passport.

 

So technically B is my company as I signed the document.

 

Well, B didn't put in a response so I investigated.

 

On my payslip, A name is on it.

 

On my Employee's Handbook, A's number is on it.

 

At the time of my employment B had two directors.

 

One British and the other Filipino.

 

Now it is just the Filipino.

 

I believe umbrella B is a front for A.

 

Just a note

 

The British director on B is also the director on A

 

On A he is joint director with the man named in this article.

 

The British director has had a total of 588 appointments

 

which is way too many.

 

I know it is a bit confusing as you don't know the names.

 

I have informed that the Tribunal that I believe B is a front for A and I wish A to be joined in the Claim.

 

I don't think B has any assets so it is not worth getting a default judgement on B.

 

 

Thanks

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I apologise if I'm being thick, but is anyone in the article you linked to involved in your case please? Or is it the principal of what the umbrella companies are doing?

 

HB

 

Like I said B is a front for A

 

I was an employee for B

 

One of the directors of A was mentioned in the article.

 

Should I mention his name?

 

His name is already in the public domain so I don't think there is any issue mentioning it here.

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  • 2 weeks later...

Hello Everyone,

 

Just a quick question;

 

The End User has made an offer to settle

 

My question is this; if I settle with the end user, will that not bring the claim to an end?

 

I really want to take Umbrella (Payment) Company to the Tribunal.

 

I believe their behaviour is appalling.

 

So I don't want to settle and bring the claim to a premature end.

 

Thanks everyone

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It depends on the terms you are being offered in the settlement. Who does it say you would be closing the claim against? All parties, or just one?

 

And, if you have no loss now (as you have settled) I am not sure what you would be going to court for. So your remaining claim may not be valid.

 

So, it seems likely you need to choose. Cash or moral victory, and weigh the odds.

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 depends on the terms you are being offered in the settlement. Who does it say you would be closing the claim against? All parties, or just one?

 

And, if you have no loss now (as you have settled) I am not sure what you would be going to court for. So your remaining claim may not be valid.

 

So, it seems likely you need to choose. Cash or moral victory, and weigh the odds.

 

Could there be costs consequences for the additional costs the “End User” (and / or the agency) incurr from now on?.

The Tribunal will be entitled to say “could have been fully settled, any additional costs could have been avoided, point of Tribunal is to decide on damages (and that was resolved by the full settlement offer), not to ‘give the OP their day in court’ “

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It depends on the terms you are being offered in the settlement. Who does it say you would be closing the claim against? All parties, or just one?

 

And, if you have no loss now (as you have settled) I am not sure what you would be going to court for. So your remaining claim may not be valid.

 

So, it seems likely you need to choose. Cash or moral victory, and weigh the odds.

 

Thanks

 

The offer is only with the End User.

 

I (believe) I can continue my claim against the other two.

 

No, I don't really want my day in Court.

 

If they are sorry and demonstrate it then I'm fine.

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Could there be costs consequences for the additional costs the “End User” (and / or the agency) incurr from now on?.

The Tribunal will be entitled to say “could have been fully settled, any additional costs could have been avoided, point of Tribunal is to decide on damages (and that was resolved by the full settlement offer), not to ‘give the OP their day in court’ “

 

 

Thanks

 

Unfortunately, I don't understand

 

are you saying that if I settle with one that means I will have Cost consequence for the others?

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Thanks

 

Unfortunately, I don't understand

 

are you saying that if I settle with one that means I will have Cost consequence for the others?

 

No;

If you settle with one your case is over.

If you don’t settle “just so you get your day in court”, and it comes out that you were offered a full settlement of the whole of your claim : the Tribunal may find you liable for ALL the costs from (shortly after) the time of the offer as the matter should have been resolved at that point.

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one thing you will never get from a Tribunal is an apology. That is why you go after and get money as compensation.

Thanks

 

The offer is only with the End User.

 

I (believe) I can continue my claim against the other two.

 

No, I don't really want my day in Court.

 

If they are sorry and demonstrate it then I'm fine.

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Hi Everyone,

 

The End User has come up with a Counter Schedule of Loss.

 

In it they claim that I'm not entitled to Injury to Feeling compensation.

 

Yet they are offering up to £4,500.

 

My loss of earning was just £1400.

 

Are they right that I'm not entitled to Injury to feeling compensation?

 

Thanks

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Only the judge can decide that for sure, but injury to feeling is a pretty rare award.

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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Yes they are correct.

 

The circumstances in which injury to feelings apply relate only to discrimination cases - which this doesn't appear to include.

 

Take the money and run.

 

Having your day is court is vastly overrated, and you have more than your loss.

 

They are offering an economic settlement.

 

Cheaper than the tribunal for them, but you might easily get less at the tribunal.

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