Jump to content


  • Tweets

  • Posts

    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. 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. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Punished for not agreeing to photography


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2013 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Myself (and other employees) declined (politely) to have our photos taken for an annual report.

We were then punished by our operations manager who stormed up to our desks and demanded loudly that we take extra work because we had let the team down.

 

This is despite the fact that that we had manned the office phone line and worked on our tasks while the photographer was taking photos of others.

 

This happened less than half an hour before we were due to finish work and was the last working day of the week for a number of us.

No reference was given to the fact that I have childcare responsibilities and had to leave on time to pick my child up.

 

Can our employer discipline us for not having a photo taken? Is it not our right to refuse permission for this?

 

The wider background is that this is a very unhappy workplace.

Previous photos taken were used for purposes other than what was originally stated by a partner organisation and we were given no guarantees as to the scope of use for these new photos.

 

Personally I informed my manager twice that I felt really uncomfortable and anxious about having my picture taken and was given no reassurance but just punished in front of the open office.

 

There are also LOTS of other issues unrelated to this but any advice on the photography issue would be hugely appreciated.

Thanks in advance!

Link to post
Share on other sites

Of course you have right to refuse to be photoed at work, if you are not contracted to be photoed for any purpose.

 

Your operations manager seems like an unprofessional buffoon, looking to receive grievances. Suggest you all put in official written grievences, if you feel strongly enough.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

wel done you.

 

I resisted for 35yrs

they tried everything event stating i had to have my picture on my MOD pass

tough cookies mr employer..it doesn't

you cant.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

A couple of things to consider

 

It seems from your OP that you were approached for permission and this was refused?

 

If this is true, then is there anything in your contract (or company employee handbook) which covers any sort of requirement for photographs to be taken and used for a particular purpose?

 

Assuming that there is no such contractual obligation, and that permission was refused to have photos taken then your employer is on thin ice. There are privacy considerations and rights afforded by the DPA (and possibly the HRA) especially as the report would be available to people outside of the immediate organisation and probably to a far wider audience. There could have been all sorts of reasons why you did not wish for your image to be known outside of your office and your employer is completely wrong to take action against you for refusing

 

The words 'punishment' and 'discipline' however are emotive and very hard to prove. Had you been formally disciplined then it would be much easier to deal with since it is highly unlikely that there would be a clause in the employer's disciplinary procedures which would allow them to do so - other than the all encompassing 'failure to carry out a reasonable instruction' which would be almost impossible to make it stick. Expressing annoyance and giving you extra work would be very difficult to define as a retributional act unless there is evidence to support this - maybe an email or statements from others would be required

 

Probably the best way of dealing with this would be as a matter of bullying and harassment - a formal grievance in the first instance outlining that you had good reasons to refuse permission to have photos taken, and that in in the manner you were spoken to and in forcing you to take on extra work you consider this to be an act of bullying and harassment as it caused distress and anxiety and was not the result of poor performance but an act of temper on the part of the manager concerned. So much the better if the others that you mention are also willing to add their names to the complaint

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Thanks. I’ve contacted my union rep but not sure if i’ll hear back. I’ve got my photo on my ID pass, and was bullied into a previous photo shoot which I hated every minute of. Since then the photos have cropped up everywhere and I’m not happy with the risk of that happening with more pictures. I’m actively seeking other work so worried aboutnrocking the boat too much but I’m also not inclined to be bullied by my manager

 

No permission was sought at all. We were told to ‘make ourselves available’ and there was no option given as to opting out and no information about how long photos could be used or if they could use them online etc.

I do feel it’s more a bullying issue. I suspect she was ****ed off that we didn’t cooperate and do the ‘happy’ act when they have spent money booking a photographer. It felt very tit-for-tat. But I didn’t decline to participate because I wanted to be awkward I didn’t participate because I don’t want my image plastered all over the place. Nothing was done to reassure me or others. Just landing us with extra work, expressly because we hadn’t participated, just prior to the time we were due to leave felt calculated and an attempt to exert power. My colleagues who are in the same boat are equally ****ed off so may well be willing to take a stand

Link to post
Share on other sites

I would say that now is the time to make a detailed note of exactly what happened – including time, date, who said what to who and who witnessed what.

 

If you are able to, I would get your colleagues to make similar notes and I would also get the outside contact details of your colleagues. One of the problems with these kind of things is that one can often think that all your colleagues are going to back you up – but in fact when you turn around, none of them are there because quite understandably they are worried about their own jobs in their own families.

 

How long have you been working there? You don't tell us. On the basis of what you have described, I would have thought that this is an intolerable situation and could easily be considered to be a basis for a constructive dismissal. Constructive dismissal occurs when the situation at work because so intolerable that you have no choice but to resign – but you then claim that effectively you have been dismissed as a result of the behaviour of your employer. If you're looking to get out of the company way then this could be a good opportunity although it would have to be clear that it was this incident that forced you out and that you weren't using it as an excuse simply to get out on good terms.

 

Of course if you could persuade others to join you then this would help – but you need to be careful because trying to incite others to leave their jobs could itself be a justification for a dismissal.

 

As far as I recollect the present law, you should have been working there for two years after which you have employment rights. If you want to claim constructive dismissal then you would have to react quite quickly. If you continue tolerating the situation for too long and then eventually decide to resign it would no longer be treated as a constructive dismissal because clearly the situation would not have been intolerable enough for you to decide to go immediately.

 

Having left the company you would then have to begin a tribunal action immediately on the basis of your constructive dismissal and saying that you'd been unfairly dismissed.

 

I'm sure that others with more up-to-date experience will be along to confirm what I say – or else to challenge it.

Link to post
Share on other sites

I think you would need more than one incident of bullying, and to have exhausted the internal grievance process, before you could consider contructive dismissal.

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

Link to post
Share on other sites

Company's can insist for photo id.

Whoever said they resisted for years on a MOD id is quite frankly full ofit.

 

Constructive dismissal?? Absolutely 100's of miles away.

 

Its dependent on what your contract of employment states

Link to post
Share on other sites

Ah, that's ok then. My fault, I just assumed they should/would have some level of responsibility for the advice that they give...especially when the advice could result in someone thinking they have a case for constructive dismissal when my blind Springer Spaniel could see that's just not the case.

 

I assumed people came on here for advice and also that being admin carried a certain level of responsibility.

 

Apologies to the OP for going off track but I really do not want you to think you have a case for CD.

Link to post
Share on other sites

when OP has also posted on 2 other sites, I think they have a wealth of opinions to choose from.

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

Link to post
Share on other sites

Not ridiculous.

Depends on what the whole story is.

They can't go down the route of CD, based on this one off issue.

But if the staff have been bullied over a period of time, had official grievences ignored, then it might be a different story.

 

Perhaps start a discussion thread on CD, so this can be given proper debate,

Edited by dx100uk
quote

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Now peopel dont own the right to their own image, just a copyright on a particular photograph so the company using the pictures for other purposes isnt breaking the law. However, unless they have some particular clause in your contract that states that they may demand use of your features for publicity purposes ( are you a pop star or footballer for example?) then they cant demand you play along with this scheme.

 

 

TBH I think the boss was embarrassed by your refusals and felt a right prat in front of others after promising things he couldnt deliver so took it out on the people who caused his red face. It will blow over because it sounds like he hasnt got hold of the reins on a lot of other issues adn that is what needs addressing.

 

 

If you want to start a grievance consider something more relevant to the day to day as this wont crop up again for another year at least

Edited by honeybee13
p
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...