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Frustrated_Fred

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  1. Yeah thanks for the advice...I receieved a letter confirming it in the post this morning. Would have been nice to know why the havent contested it...but thats just wishful thinking!
  2. Thought I would provide an update on this...fortunately I the local council have dropped the case. It was due to go before an adjudicator tomorrow however Tuesday I received a phone call informing me they wouldnt be going ahead. I can only think that this is due to the area I parked not clearly being a footpath, I havent receieved any info on this so am just assuming. I would also guess that due to the lack of road markings and signs also may have been a factor. So my adviced to anyone is that if like me they feel strongly in their case, then fight it all the way as more often than not the council will back down at the last minute.
  3. I wasnt obstructing anyone though? This is confirmed in the reply from the council who in their letter stated that I wasnt blocking anyones way including pedestrians, wheelchair access and so on. My argument is that the part of the road my wheels was on were infact the road and not a footway.
  4. Thanks very much, that appeal letter is definitely the Bogs Dollocks!! Smile Cant thankyou enough for your help.I will definitely use that and let you know how I get on.Thanks again everyone.
  5. Jamberson - Thats the angle I have taken, I considered that part of the road to be part of the carriagway as the pavement isnt actually dropped but has sunk somewhat. Green and Mean - Are you sure that the yellow line represents the border between the carriageway and a footway? Thanks for the comments everyone...so do any of you think this is a case worth fighting?
  6. Green and Mean...you right thats whats the ticket states...didnt havee it to hand when I first started the thread. dx100uk...I've attached the actual pic, its been trimmed by them so isnt showing all the surrounding space. If anyone can offer their opinion on whether they think I would have a good case in fighting this or not...please let me know. My argument is that I am not on the footpath as the curb clearly ends before my car, I am actually parked on bit of the road / entrance of Tesco. BTW I am not blocking the entrance, I am on a part that has bollards along side it.
  7. I've been issued a PCN for the above...parking with two wheels on a pavement or footway, I have challenged it twice and both times its been rejected, however I feel I have a genuine case. Please see the pic...I have marked out where my car was parked and as you can see it wasnt on the path, the path had curved around prior to where my car was parked. I was obstructing anything, theres plenty of room for people, bikes, wheelchairs etc to get by...it was also issued on a sunday so the yellow line is irrelevant. I would like to see what other people thik before challening it further.
  8. It does seem like they do not know what they are doing. I will update the thread and let you know how I get on after Tuesday. Thanks again for all the help and advice provided.
  9. ReallyMadWoman - I am using words to them effect, and am suggesting that I'm currently considering counter sueing for UD. It seems a case of having to double bluff.
  10. Thanks Elpulpo I am typing the letter up tonight and plan on delivering this evening. Another quick Q if you have a min... the two warnings I recieved were numbered 3 and 4, the dismissal was included with (on the same paperwork) warning number 3! Now is that legal the fact they have got the paperwork wrong, I was under the impression (a) the dismissal had to be seperate from the warnings and (b) that it should come after both of them, otherwise on paper I am recieving a warning after I have been dismissed! Its a bit confusing!
  11. Thanks for the info MarieFab...going through it now, very helpful indeed.
  12. Elpulpo - I'll take the dismissal, I just do not want to have to pay any money for the repair or insurance excess. If I can get my months money in hand that would be a bonus, but I'm just looking to get closure and them off my back. Like I said, I was looking to retire soon so had no plans to stay on any further than June. Thanks again for all the responses.
  13. Elpulpo - I had been there 4 years. Negasis - I have never signed a contract, so not sure where this leaves me. I have spoken to another driver who used to work there and he was unware of any such clause for liability, infact he'd never even heard of having to pay for the damages in the first place. Cheers guys, have a good evening.
  14. Firstly thanks for the replies, really appreciate it. There has been a feeling amongst the 'older' drivers like myself, for the past couple of years, that we were being pushed out. General behaviour towards me at times has been borderline abuse and not by one driver, at times several of the young brigade, its made the last few years extremely hard. If needed these instances will be used for a claim of UD, but tbh I was looking to retire in June so although I could do with the extra few months money, leaving that place is a big weight off my shoulders. I just dont see why I should pay the insurance excess. To answer some questions... The figure of £1000 is how much insurance excess (sp?) the company have to pay for their cover. They are tryng to quote me almost £3k for the complete repair! The company pay the insurance, we have an onsite fitter for certain repairs and maintainence. The company own the vehicles, I have heard of instances in the past where drivers have paid for repairs...but this was to ensure they stayed in a job. The money was taken out of their wages each week. (dont know the legality of this) For the disciplinary meeting, I wasnt pre warned so wasnt prepared. I was under the impression it would be an informal chat, when I entered the room there were 4 people the otherside of the table, the owner, co secretary, the fitter and another person. I had no oppportunity to mount a defence and no mention of the right to appeal, just told to return this Tuesday with the £1000 or I will be taken to the small claims court. My month in hand wage has also been withheld until this Tuesday. The general response here is the same as my initial instincts, that I should threaten to counter sue for UD. To do this do you think I need to go in person or simply call him? I would rather not have to ever return but am being told it would look better should it go to court.
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