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OutsiderLookingIn

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About OutsiderLookingIn

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  1. No problem. Yes the money is gone. It has just gone on food and bills. We are in a fair bit of debt as a result of last 6 months. We also invested in my wife's business and borrowed to facilitate this. As it stands we have borrowed from my parents to survive and have a mortgage payment holiday for now.
  2. Sorry. 1. Left employer 10th Feb - resigned. 2. Started new job 2nd March 3. Letter informing of overpayment dated 24th March The payslip is my last pay and is for February. Money received 26th Feb. I was not aware I had been overpaid.
  3. Thanks for your replay BankFodder. I left my previous employer (a major well known company) after being off with stress/anxiety due to bullying. I was off for 6 months total. I raised a formal grievance and the outcome was a whitewash where they lied and slandered me and cast me as the villain. I took it to appeal where they doubled down. I resigned on 10th February without notice. I sought ACAS conciliation but my employer ignored it. In the end I have no evidence for my treatment as it was one senior manager's word against mine. I don't want the stress of a full tribunal so I cut my losses. that was the end of it all as far as I was concerned. Totally defeated and so upset that a company with the reputation they have could treat me that way but as a result I realised I was better off out of it. So I looked to get another job as finances were very poor for us as a result of only being on SSP for a while. Managed to get a new job with a start date of 2nd March. Received the demand letter on about the 25th March. I've attached the letter and payslip. Hope that helps. letter.pdf payslip.pdf
  4. Hi there. My last employer has sent me a demand for overpaid wages for the sum of £320. I cannot afford to pay this at this time as my wife's business has had to stop during this pandemic and I cannot be furloughed in my new job because I started on 2nd March. We have severe money issues as a result. Can my employer take me to court to recover the money? They have included a copy of my last pay slip to explain the over payment. I can't work it out. The accompanying letter mentions that after recalculating my Tax and NI contributions they come to my overpayment figure. My pay slip doesn't explain this. I have spent all of my pay and had no idea about the over payment. Would Estoppel come into play here? Any help greatly appreciated.
  5. Hi there. I have wasted so much time and stress trying to get a good condition/new set of garden funiture from Argos. It's been 3 months since we ordered this Furniture set:http://www.argos.co.uk/static/Product/partNumber/6523835.htm We didn't get a confirmation email after ordering this furniture. After calling Argos they said that there was an issue with the ordering system which meant email confirmations weren't going out that day but confirmed the order was successfully placed. We ordered this furniture in mid March. The product page stated delivery within 14 days. We were given a delivery date for about 2 weeks after order date. Just before the delivery date, we received a call to advise that there was an issue and that delivery would be delayed by another 4 weeks! Finally, on 13th May we received the furniture. Now this furniture is BIG! The boxes they came in do not fit through a front door and so I had to get delivery team to leave the boxes on our driveway and I opened them after they left and we carried the all the furniture through the house and into the garden. Upon close inspection we found several scuffs on the rattan effect plastic weave: Here the weave has been done incorrectly. These strands should be tight. On the other sofa it is nice and neat. I had a live chat with a customer service advisor and sent them the photos. You can view the transcript (guy was a bit insensitive) if you're interested here: http://pastebin.com/CTv5W3d9 They confirmed that it shouldn't have arrived in that condition and that the weave was defective. I offered to accept the furniture if I could get a discount for the defect and damage. After initially offering £29.99 they said the maximum they could offer was £49.99 plus delivery charge so I rejected the offer and asked for a replacement instead. As I was about to go on holiday in a weeks time so the next suitable delivery slot for the replacement furniture was 14th June. When this replacement set arrived it had even more damage! So I did a video of it to show Argos: https://youtu.be/T7LW8qypRTc I contacted Argos publicly on their Facebook page with a link to the video. They replied and apologised and said that 'small' cosmetic damage can happen in transit. They arranged for another replacement to be sent. This 3rd replacement set arrived on 17th June at 3.30pm despite time slot of 10am-2pm and I was on school run at the time (more stress!). This set was by far the worst of the 3. Damaged in several places (broken rattan) and the middle section was clearly very used and filthy! Here's a video of the 3rd set's condition: https://youtu.be/lzF0kDACckw I complained on their Facebook page again and asked for a manager to contact me. They replied to say that I can have a replacement or refund. I asked again for a manager to contact me and they replied saying that my complaint had been passed onto management who would be in contact as soon as possible. That was 20th June and no contact but I think I won't hear anything more now. We will see. Obviously I could just get a refund but I really want this furniture set. It would look amazing if it was in new condition. There are many many 5* reviews on the product page so other buyers aren't getting the same issues as me. My reason for posting is because I would like to know what I can realistically ask for in compensation, IF I actually manage to get a set of this furniture I am happy with. Here's a summary: 1.Delivery took 6 weeks due to 4 week delay despite Argos quoting a 2 week delivery on product page when we ordered. 2. Three sets of furniture delivered. All damaged/second hand etc. 3. It's been 3 months since they took our money and we still don't have a furniture set that we can use. As a result we have had no garden furniture to sit on since April. 4.I have had to miss out on 3 days work for deliveries 5. Stress and inconvenience of the whole thing. Thank you for reading this far and I'm sorry it's so long. Any help you or advice you can give me is greatly appreciated
  6. Thanks for the reply. Appreciated I have phoned my insurer and they said that the text is standard procedure for some insurance companies if the other person has already admitted fault. They have taken details of the accident just for notification and advised me to ring Admiral and let them get the car fixed as it will be much quicker and easier. I've now rung Admiral who have confirmed their client has admitted fault and they have put me in touch with the repairers so all good
  7. Hi there. I was involved in an accident that wasn't my fault last night. They reversed their car into their drive and didn't see me as I was driving past and swung out into my car. There was a witness who saw it all. I haven't informed my insurer yet but have already received a text message from the other party's insurer: 'Admiral ref.******* - We are sorry to hear you have been involved in an accident with our insured. We would like to help with any damage caused to save you claiming with your insurers, paying an excess and we will also supply a free replacement vehicle to suit your needs - Please call 03303335531 ext 25256. Please note SMS responses are unmonitored' Does this mean he has already admitted liability to his insurer? Is it safe to settle with his insurer and not inform mine so that I don't get stung with increased premiums? I have protected NCD. Do I HAVE to inform my insurer? Any help greatly apreciated
  8. Is it not an issue if it's not her property though? She is using someone else's space (with permission - she pays them monthly for it). Or is it just a case of POPLA don't know that and it won't matter? Are the appeal points I've put so far also valid to strengthen the case? I've just been going by the bewildering amount of info out there and trying to adapt/use existing winning appeals as a basis for my own.
  9. After looking at loads of successful appeal examples on the net, I have tailored some of them to my situation. How does this draft appeal look? POPLA Code: xxxxxxxxxxxxx Vehicle Reg: xxxxxxx PPC: Premier Park Ltd PCN Ref: xxxxxxxxx Alleged Contravention Date & Time: Date of PCN: xxxxxxxxxxx Dear Sir/Madam. On 18th March 2014 a Penalty Charge Notice was attached to my vehicle by Premier Park Ltd requiring payment for a charge of £100 for an alleged parking contravention. I was the driver of the vehicle in question and I would like to appeal this notice on the following grounds: 1. Unfair Terms The charge that was levied is an unfair term (and therefore not binding) pursuant to the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term." 2. Contract with the landowner - not compliant with the BPA code of practice and/or no legal status to offer parking or enforce charges Premier Park Ltd do not appear to own this car park and are assumed to be merely agents for the owner or legal occupier. In their Notice and in the rejection letters, Premier Park Ltd has not provided me with any evidence that they are lawfully entitled to demand money from a driver or keeper, since they do not own nor have any interest or assignment of title of the land in question. I require Premier Park Ltd. to provide a full copy of the actual contemporaneous, signed & dated contract with the landowner. Contracts are complicated things, so a witness statement signed by someone is not enough, neither is a statement that a person has seen it. A copy of the original showing the points above is the only acceptable items as evidence that a contract exists and authorises Premier Park Ltd the right, under contract to write numerous letters to an appellant chasing monies without taking them to Court, to pursue parking charges in their own name, to retain any monies received from appellants and to pursue them through to Court. I say that any contract is not compliant with the requirements set out in the BPA Code of Practice. I do not believe that the Premier Park Ltd. has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed the legal standing to allege a breach of contract. I refer the Adjudicator to the recent Appeal Court decision in the case of Vehicle Control Services (VCS) v HMRC ( EWCA Civ 186 [2013]): The principal issue in this case was to determine the actual nature of Private Parking Charges. It was stated that: "If those charges are consideration for a supply of goods or services, they will be subject to VAT. If, on the other hand, they are damages they will not be." The ruling of the Court was that "I would hold, therefore, that the monies that VCS collected from motorists by enforcement of parking charges were not consideration moving from the landowner in return for the supply of parking services." In other words, they are not, as Premier Park Ltd asserts, a contractual term. If they were a contractual term, Premier Park Ltd would have to provide a VAT invoice, to provide a means of payment at the point of supply, and to account to HMRC for the VAT element of the charge. The Appellant asserts that these requirements have not been met. It must therefore be concluded that Premier Park Ltd’s charges are in fact damages, or penalties, for which Premier Park Ltd must demonstrate their actual, or pre-estimated, loss, as set out above. Premier Park Ltd also makes reference in their appeal refusal of 10th April 2014 to “seek to recover the monies owed to us” and makes no reference to the Landlord at all. 3. Unreasonable The charge that was levied is an unreasonable indemnity clause pursuant to section 4(1) of the Unfair Contract Terms Act 1977 which provides that: "A person cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.” 4. Charge not a genuine pre-estimate of loss The demand for £100 is punitive, unreasonable, exceeds an appropriate amount, has no relationship to the loss that would have been suffered by the Landowner, and is therefore an unenforceable penalty. Furthermore, it exceeds the BPA’s own Code of Practice. The BPA Code of Practice states: 19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. I therefore respectfully request that my appeal is upheld and the charge is dismissed. Yours Faithfully,
  10. Thanks silverfox and ericsbrother - I really appreciate your help with this EB - The online form has an area to write as much as you like - can I not use that? Or is a paper trail more preferred? You state that my wife is the 'occupier' of the land - not sure what you mean, my wife rents the space from the property owner that owns the permit she holds (of course they don't know that). Sorry to be really thick here but could you explain what this means in more layman's terms - this is all very new to me and I suspect that I am not the sharpest tool in the box Finally, what are the odds of this appeal at POPLA succeeding? I have just read about a similar one (where the owners permit had fallen off the windscreen) and that failed the POPLA appeal. Many thanks again for your help.
  11. Hi all Just received communication from Premier Park. As expected after 'examining all the evidence blah blah blah......your appeal has been denied' I have never done anything like this before. On the online POPLA appeal page it asks: 'Why are you appealing?' The answer that seems applicable is 'I was not improperly parked' - is that right? I would also really appreciate some help with how to word the appeal. Something which I failed to mention previously is that in order to gain entry to the car park, you need an electronic fob which activates the electronic roller shutters. My wife obviously has one. It's not as if anyone can drive into the car park. I look forward to any help with this
  12. Sorry, forgot to update the thread. Thanks for your input Homer. I have done as you suggested and I sent the letter recorded delivery last week. I'll await the expected appeal rejection letter. Coincidentally, Lex sent out an e-mail to all company car drivers in her company about this very subject! What's the chances of that? It states that they will pay any penalties they receive in the first instance and then recover the money from the driver. I really hope that Premier Park take note of my instruction to address all future correspondence to the driver and NOT to Lex. I'll keep you all updated as and when I receive anything. Thanks for your help
  13. Thanks for that EB. I have drafted a letter (copied below). I have put the bit about the circumstances of the permit because it says they have photographic evidence of the permit on display on the dashboard. I therefore expect them to reply saying this. Or should I leave that bit out? Here's the letter:
  14. It may not be permanent - it may just be retention. Leave the TV on a 24 hour TV channel which has no on-screen logos overnight or longer and don't watch DVD's which have black borders for a while and you will probably find that it goes away. However, screen burn is more of a risk if the TV isn't yet run in. I am on my second plasma and neither have had permanent burn in. I have however, had retention that has taken as much as a week to clear.
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