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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.

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significant role change?


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Hi,

i have been told by my employer that due to a few internal changes i will lose all of the supervisory/managerial elements of my job.

 

My team will now report directly to a colleague, as will i.

My job title will change also.

 

I have not seen a new job description and will work at the same level as the staff i previously managed.

This appears to others as a demotion.

 

I do not intend to accept this change which is to be fairly immediate.

 

I have been in current role as a team leader for over 5 years.

 

What action should I take?

 

Thanks

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1) If the role is around 80% the same (typical figure I have seen used, not enshrined in law anywhere) and no change in pay etc, they can do it

 

2) If pay is cut they are making your current role redundant, and redundancy principles apply; however if your skill match the new role it is considered "suitable alternative employment." Therefore they can still do it. There may be a cash element for the loss of future earnings, but nit a huge sum.

 

 

What outcome are you looking for?

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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Accept it or quit and take them to trbunal for constructive dismissal.

 

That claim would go nowhere.

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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I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

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I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

 

Unless they are changing your salary (and quite significantly too) then you have no options. These days loss of status is worth nothing. And businesses are permitted to restructure. They own the job, they are allowed to make whatever changes in it that they consider necessary for their business. At five years service, unless you have some excellently enhanced redundancy scheme (assuming you could even convince them to make you redundant), the payment won't be worth anything. So I'm afraid the only real advice is to suck it up and keep on earning until you can find another job. Maybe not your first option, but unless you are able to secure new employment immediately, or have loads of savings that you're happy to spent supporting yourself whilst out of work, the only one.

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I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.

 

Constructive dismissal is VERY difficult to prove!

 

I would strongly advise against it.

 

You could start a grievance, but your employer would know you wouldn't get anywhere with it and would call your bluff.

 

Whatever you do, just know that constructive dismissal is a tough test.

 

Do some research on constructive dismissal and see the test for yourself.

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why is it obvious that you should want to chuck your job in when you are not having your pay and conditions changed? Loss of status? Well would you accept a pay cut and keep the job title?

 

Mnay years ago I was in the TA Initially I was just an ordinary meber of the PBI, no respionsibility whatsoever, just obey orders. Due to specialsist technical skills I was made an officer and all of a sudden I had paperwork, planning, real responsibilities etc. Now, if I was offered an officer's salary to become a private again I would jump at it I doubt if the work would have changed but anything that went wrong would have never have been my fault.

Now you are in the same position, the responsibility for screwing up has moved to someone else so you can get on with doing the humdrum whilst rewriting your CV and applying for other jobs. Your olleagues wont think any less of you unless you lorded it over them and if that was the case you had better volunteer to make the teas for a month as atonement.

 

I obviously want to leave. But need to know what I can/cannot do first. Complete breach of trust from their actions and imposing a role change on me with a loss of status makes my position untenable. I am so angry right now.
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It's not the job title. It's more to do with how it's been handled, the timing of it and to some extent who i will now report to. My new boss has caused much bad feeling in the team and for me in particular. But as new hoss is a favourite of a senior manager, is viewed as can do no wrong. I am more senior ( or was) but will now have to suck it up working to someone who in effect has my job and my team (and my office). I can't wait to discuss my goals, objectives and ambitions in these circumstances. I also have over 25 years service so having invested so much this does not feel pleasant. I want out.

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It's not the job title. It's more to do with how it's been handled, the timing of it and to some extent who i will now report to. My new boss has caused much bad feeling in the team and for me in particular. But as new hoss is a favourite of a senior manager, is viewed as can do no wrong. I am more senior ( or was) but will now have to suck it up working to someone who in effect has my job and my team (and my office). I can't wait to discuss my goals, objectives and ambitions in these circumstances. I also have over 25 years service so having invested so much this does not feel pleasant. I want out.

 

Obviously, you are angry.

 

However, don't let your current emotion determine your future.

 

Action in anger does have serious implication.

 

So exercise caution.

 

Do some research about constructive dismissal

 

Then you will see the high threshold you need to cross.

 

I understand there might be breach of contract

 

especially a duty to maintain mutual trust and confidence.

 

Think of raising a grievance first.

 

But like I stated earlier, your employer might see your bluff.

 

I would advise you exercise caution.

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I'm still unclear if there's a financial impact, or if this is essentially about hurt feelings.

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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No salary change. Maybe i should be glad i will no longer have to manage others or team outputs. But, after many years of hard work this feels a backward step. Why should i be happy with that? Prospects now seem to be nil - years of management experience down the drain and a manager who I fear will not be fair or supportive and will more likely enjoy my discomfort. I will be frozen out. It's more than hurt feelings - i just cannot see how i can get past this and regain motivation and be able to perform well in what is fast becoming a toxic environment.

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No salary change. Maybe i should be glad i will no longer have to manage others or team outputs. But, after many years of hard work this feels a backward step. Why should i be happy with that? Prospects now seem to be nil - years of management experience down the drain and a manager who I fear will not be fair or supportive and will more likely enjoy my discomfort. I will be frozen out. It's more than hurt feelings - i just cannot see how i can get past this and regain motivation and be able to perform well in what is fast becoming a toxic environment.

 

So, look for another job, keeping this one until you find an alternative, unless you

a) find it so distasteful to remain,

b) have the resources to support yourself during your search for a new job, (resigning or getting yourself dismissed affects your JSA entitlement), and

c) you don't believe it true that "its easier to get a job, if you are already in a job".

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abackward step when you have been there 25 years? dont see it. If you were the kind of person to spend a year at a job just to boost your CV before moving on to the next place then yes but since there is no change in salary it is all about self-esteem and your place on the Maslow Hierarchy. If you really cant abide working there any longer the apply for more jobs but chuck it in in high dudgeon because they have changed your leader by slotting someone else in above you- cant really comprehend it. What would you have them do instead, move you to another group or whatever? Now if your skill set made that possible is there a vacancy in another department or area.

As for the hard work part, they do pay you for that and if the salary isnt enough them you should ahve been on your toes ages ago. What title you give your current role on your CV isnt tied to what your employers call it, facilities manager is always a good one as it measns everything and nothing

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