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Ellie May

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Everything posted by Ellie May

  1. Right, got it. Don't you just love the web? I found this on the fightback forums NPAS seminar Leeds July 2003 This answers pretty much all of my questions and I am sending a copy of it to the Traffic Penalty Tribunal to see if they will find against their own dear leader!! Surely they have to concede now?
  2. Ooooh ooooh I think I've found it!! Section 35B of the RTRA 84 (as inserted by the Parking Act 1989)? Anyone disagree? Fairparking, thanks for your response. Although I must confess this leaves me more confused than ever. In principle I see what you are saying, however bits of this baffle me. Bear with me on this. Firstly, who is the 'Data Controller' here, the DVLA who the council got my details in the first place? Then do the council also become a data controller once they have my info? Also I note you refer to 'private individuals' but is this the case with local authorities? Aren't they goverment agencies and as such are they exempt? Also what happens when you get to charge certificate stage with TEC, does this change things i.e. does the data controller now have a right to pass your details on to the 'court bailiff'. Sorry twenty questions I know but although I understand the principles of DPA 98 I don't really understand how this works in this scenario. As ever, your input is greatly appreciated.
  3. To all of you avid readers of this thread I would be very grateful indeed if you could read the new thread I have just posted 'PCN on Council owned car park', as this is the PCN which led to this fiasco in the first place. Your help would be greatly appreciated.
  4. To those who are watching the 'Detained by police for unpaid PCN' thread, this is the PCN in question!! So if you can help at all in bringing this farce to an end, it would be much appreciated. I will try to keep this brief but the current state of play is as follows: 1) Out of Time stat Dec put in re PCN so the whole process began again 2) Ticket appealled 3) Appeal rejected (quelle surprise!! ) 4) Appeal sent to NPAS 5) 5 months later (yes really) NPAS reach a decision and dismiss appeal The appeal made by myself was on four grounds (ish) which are as follows: 1) I was loading at the time (parking attendant slapped the ticket on after 5 mins) 2) The car park in question is signed NCP and does not state that it is run by the local authority 3) the parking order referred to on the sign is not the TRO which actually governs the car park as this was superceded over 5 years ago and the sign never updated. 4) The sign states its an offence to park there - under decriminalised parking it is of course not an offence at all. So ye olde NPAS reject reason 1) saying there is no exemption in the TRO to allow loading. Whilst this is true, I didn't think you needed a specific exemption? Also there is nothing to say 'no loading' at all. I alos believe this to be very unusual i.e. there generally is a loading exemption in TROs. 2) NPAS say they are satisfied that the car park is owned by the local authority and regulated by them. NCP just run it for them. Yep, I never disputed this, but should the motorist not be told that this is not a private car park on the signage? As for points three and four, which are fundamental to my appeal in my view, well NPAS simply ignored them. No comment whatsoever. How odd? Naturally I am going to appeal, as they have not addressed all of the points, so I guess this could be classed as an 'administrative error'? but I have to confess I am struggling with finding the regs that apply to off street parking. I know both RTRA 88 and RTA 91 cover it to some extent, but the issue I have is that once (under RTRA 88) the council has authority to make a TRO csn they just put whatever they like in it? Surely not? The reason I ask is that I found allsorts of useful regs such as the Traffic Order Procedure Regs - but they don' seem to apply to s43 & 44 of RTRA 88 and also the Traffic Sign regs, but again they don't seem to apply to off street parking either. Am I wrong with this and do these actually apply? And if not what regs other than the TRO made by the council in question do? Any help would be really appreciated guys.
  5. Although I haven't commented for a while I am still watching this thread with interest. Its amazing what you find when you do a bit of digging isn't it? And thanks to all who have helped with this one. I will be very interested to see how it pans out. Just for interest, the original parking ticket in question is now with NPAS, who have also been informed of GMP's involvement with decriminalised parking. Bet I'm top of MCC's christmas card list!! As for the persistant offender bit how rude!!! Also can someone expalin 'self selection to me'? Finally, I find it incredible and amusing in equal measure that GMP have no records of how many cars were stopped in relation to unpaid PCN's in the last three years, but yet they can spit out stats like 60% of those stopped (from Marston's info presumbably) required immediate police action. Selective record keeping perhaps?
  6. Quick question if you please. I have an overdraft with a bank account that I have now closed. I entered into an agreement to pay it off but when discovering the hefty bank charges that had added to the OD I sent them a SAR. It transpires that the overdraft is made up of a whopping 50% illegal bank charges!! So my question is, do I pay off the bit I do owe now whilst refuting the charges or do I pay nothing until they remove them as the account is in dispute? Thanks
  7. I assume that when selling insurance products there is certain information that the insurance company must provide you with and guidelines which they must follow in order to avoid a 'miss-selling' claim. Does anyone know if these exist and if so where I could find them. Obviously I have tried ye olde google but am chasing my tail a bit now. Thanks all!
  8. Bump Help folks!! You are worrying me now.....
  9. God that's awful. Still a sign of the times I would imagine. You are quite right don't sign it, though to be honest even if you did I don't think it would constitue notice as it says 'if I leave', not I am giving written notice to terminate my contract of employment. Still that said you have even less of a problem if you don't sign it at all. And no he certainly cannot make you. If he is to try and use this against you he will have to be very careful as this could be construed as wrongful dismissal. Considering leaving your job is not cause to dismiss you or take disiplinary action against you. Finally, and maybe a bit off topic but for what its worth I would get out as soon as you can anyway as your boss sounds a nasty piece of work and we all spend too much at work to be miserable there. Best of luck and chin up.
  10. Hi folks Quick question if you please. I am having a lot of problems with Lastminute.com and the frankly ficticious info on their website (not in relation to the holiday itself as I know they are agents, but the customer service stuff about cancellations etc) and unfortunately they are not taking me on at all and won't even answer my questions. So what I want to know is who regulates them? I guess as agents rathet than a travel company they are not ABTA members, so is this an OFT job? Also what about advertising standards agency? Any thoughts? Thanks!!
  11. SOS!!!! Help please guys, I am in a bit of a panic. My employer has offered me a compromise agreement which I definately want to take, but I am not happy with the offer. I want £3.5k more than they have offered, however I am afraid that I might blow it if I negotiate too hard. So my question is can they just take it off the table at anytime and is it likely they would do this at this stage? Also finally, how hard can they oush me time wise i.e. do I have to go back to them on Monday? Help!! As you can tell I am in a bit of a flap. Thanks
  12. Hi all Thanks very much for the prompt responses. Just a couple of further questions if you please, with the Trust suggestion Joncris, would this not be the same thing as 'giving' the money away i.e. deliberately depriving yourself of capital? Same with the Savings Bond suggestion? Obviously I am keen to avoid my mum having to use all her savings to tide them over, especially when this is the first time my step dad has been absent from work in his entire working life (and he is 55) however obviously i don't wnat them doing anything dodgy. Thanks again
  13. Hi all Question for my mum if you please. About a year ago my mum came into some inheritance, not a lot but more than £16,000. Very recently and unexpectedly my step dad has had to come off work sick. With a bit of luck he will be able to return to work, bt may be off work for up to a year. Income wise, with him not working (my mum is retired) they would qualify for state benefits, but if my mum's unheritance is included in my step dad's assesment then surely he won't get anything? I know this may seem greedy, but my mum has always struggled finanically and qon't even qualify for a full state pension, so this money was supposed to keep her from abject poverty in her old age. If they cannot claim benefits then this money will be depleated rather quickly. Your help would be appreciated. Thanks
  14. Hi guys I have received a letter today from Westcott Credit services in relation to an electric bill from a property I kived in in 2006. The bill is from npower, however my supplier at this time was EDF energy. The problem is that I probably don't have the paperwork to back this up now. Can npower just continue to pursue me for a debt which I don't owe? Any advice folks? Thanks
  15. I think what you are driving at Ceedy with the comments about your daughter being forced into the IVA by her partner is the fact that a Contract can be declared void under contract law if it is entered into under 'duress'. Now the issue you have with that of course is that it depends what constitutes 'duress' and also if this can be proved. I agree with the posters above though that something sounds really fishy about all of this as no creditor should be contactuing her if she is in an IVA. I think you need to start putting all of this in writing to the IP and ask for a copy of everything they have on file in relation to your daughter under the Data Protection Act. Once you are armed with the facts you should be in a position to decide the next step. And yes love is blind - unfortunately its also often deaf, dumb and reckless. I have family members of my own who have fallen foul of this sort of thing. Tell you daughter to keep her chin up and hopefully once bitten twice shy and all that.
  16. Oh better still go to Champdogs - The Pedigree Dog Breeders Website I am led to believe (by those in the know in the doggie world) that the Kennel Clubs accredited breeder scheme leaves a lot to be desired. particularly in relation to heath testing. The above site is for championship breeders so you should find a good breeder in your area from there. Can we have some piccies please when puppy arrives? I am doggie-mad myself!
  17. This sounds very similar to my current situation. This is harrassment and bullying. Keep a diary, get everything in writing (if you can) and keep written notes of conversations. Get a grievance in asap, at least you are protected once the grievance goes in. You have my utmost sympathy. The workplace these days seems worse than the school playground. Keep your chin up.
  18. Thanks guys that makes me feel better. I am not under any investigation and have never had any disiplinary action against me. My concern was just that my immediate line manager is an absolute witch and would do the dirty on me if she could, but the reference request will go to HR anyway, not her so I think I can relax. Thanks again.
  19. Hi all This one follws on from the flexible working thread. I have decided to jump ship and look for a new job. My concern therefore is fairly obvious, will my new employer find out about my grievance and what would happen in relation to my reference. Just to clarify I am about to go to second stage grievance (appeal). Thanks
  20. Huge amount of help needed here guys. I have done 'the right thing' and gone through grievance which frankly was a joke. They have just 'closed ranks' and basically dismissed my complaint regarding the flexible working and the fact that I have been bullied by my manager for the past five months. I intend to appeal but I fear this is heading for tribunal as I am not sure I even want the flaming job anymore, I have been treated so appallingly. Naturally I have to now appeal but I fear that this is pointless. I think I need to take some expert legal advise. Can anyone recommend anyone in the Manchester area?
  21. I am desperately in need of a new car (my old one will not make it through its next MOT) but I am in an IVA Does anyone know if I will be able to get finance for a new (not brand new obviously) car and if so can anyone tell me where I might find this? Thanks
  22. Fairparking you are a legend!! Thank you so much. Could you possib;y send me a copy of that email as I may need to refer to it when I am dealing with MCC in the near future. Also I agree with pin1onu that this should be raised with GMP. I am more than happy to do this as long as it a) doesn't tread on your toes and b) would not impact on your data protection idea. If therefore either of these do apply and you would rather I did nothing for now, please let me know. Thanks ever so much once again for all of your hard work on this. Its so nice to see justice done!
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