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Everything posted by kfdh1962

  1. i was reading some BP guidance on the requirement re 10 minutes grace periods , i will do as you all suggest and sit tight . thanks for the guidance, its much appreciated
  2. they claimed the vehicle was parked without permission , and is the car park for patrons only is pretty much the flavour of it
  3. i did indeed , 18:17: 37 to 18:18:06. So i shouldn't appeal , is there anything i should be doing or do i just wait and see what they do next ?
  4. Hi all. i received a PCN notice to keeper from euro parking services and the appeal deadline is 10/03/21. i had intentions of dealing with this sooner but the sudden death of a close family member side swiped me and i have only just got to a position where i am able to spend time on this. i wish to appeal this charge and i am looking for some guidance on what should be stated in my initial appeal to the issuer. I have completed the questions below in the hope that some one can offer some guidance thanks in advance. For PCN's received through the post [ANPR camera capture] 1 Date of the infringement 18/02/21 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 23/02/21 [scan up BOTHSIDES as ONE PDF- follow the upload guide] please do not put JPG Picture files into your post 3 Date received 25/02/21 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] yes 5 Is there any photographic evidence of the event? yes, two pictures supplied, one entry and one exit timed at 29 seconds apart 6 Have you appealed? [Y/N?] post up your appeal] not yet , deadline is 10/03.21 , not been able to attend to this sooner due the bereavement of a close family memeber Have you had a response? [Y/N?] post it up Give answer here 7 Who is the parking company? Euro Parking services 8. Where exactly [carpark name and town] Shoulder of Mutton , Birmingham For either option, does it say which appeals body they operate under. IAS
  5. i have exactly the same situation, i had one charge that occured as i went over my limit, and for the four subsequent months i stayed within my limits but application of the charges caused further charges, and to make matters worse i do not receive notification of what and when will be taken as they keep sending correspondence to my old adress of 2 years ago, even though they have my new on and even though i have complained and pointed this out... they have taken around £500 from me in that time
  6. i have recently recived exactly the same communication from them relating to a statute barred account. I have been pondering on whether to ignore it or send teh statute barred letter...
  7. as the intercoms etc have to be cosntantly attended, it would be a reasonable adjustment to allow you to perform this function and for the other staff to cover the remainder of the duties, as per the previous arangement/adjustment. It would appear this adjustment is still possible , and it would therefor seem difficult for your employer to defend not doing so.
  8. as cardiffboy said, if they forced you to take the holiday it would be a diifferent story, but by offering you the choice i think they are covered and i dont think you will have much come back in that respect unfortunately. the previous sick pay entitlement which was removed was not contractual from what you have said, and would be considered discretionary, so no potential for breach of contract. Might be worth a call to ACAS to get their veiw
  9. Hi Surfer, it is generally advisable for employers to agree a timetable of repayments and not deduct more than a reaonable portion from an employees pay packet.
  10. HI PMSC69 employers dont necessarily have to provide sick pay above the minimum level of SSP, i.e contractual or company sick pay, although they still have a legal obligation to pay a certain level of sick pay to employees who are off due to ill health or injury under the social security and benefits act 1992 and the statutory sick pay regulations...in other words SSP. SSP is payable for up to 28 weeks, i think the current rate is £79.15 per week. there are certain qualifying requirements such as you must be an employee, you must be ill and unable to work for 4 days or more... in respect to being forced to take sick leave as holiday, and employer cannot force you to do this, however as ann employee you have the right may request to take holiday leave during a period of sick leave, following recent rulings in the ECJ
  11. Hi Allwood, its is still unclear what the exact nature of your partners condition is as you have not specifically stated this , therefor that is making it more difficult for us to advise you on whether it is covered by DDA. You mentioned that it is likely to get worse which suggests a progressive condition. such progressive conditions may be automatically covered i.e MS, others may be covered the point where the progression of the condition falls under the long term adverse effect although assessment of this may still be required.... in respect to what happens if you bring a claim, if your partner is then viticimised for excercisng a protected right then there could be a victimisation claim to answer, as per section 55 of the Disability Discrimination Act
  12. Hi Allwood, from your last post its sounds as though they agree yoru partner has an underlying health issue, although that does not necessarily mean it would be covered by the Disability Discrimination Act It would be good for us to establish if the health issue is likely to come under DDA as this would put your in a much stronger position re the reasonable adjustments, we would need an idea of what your partners condition is to determine that..Some things are automatically covered, for instance MS, cancer, HIV, whereas some conditions need to be assessed to determine if there is a substantial and long term effect to establish if they are covered...or at what point they become covered..
  13. ref the deifinition of disability, under the Disability Discrimination Act, a disability is defined as " a physical or mental impairment that has a substantial and long term effect on a persons ability to carry out normal day to day activities" normal day to day activites inlcude mobility manual dexterity physical co-ordination continence ability to lift, carry or otherwise move everyday objects speech , hearing or eyesight memory or ability to concentrate, learn or understand perception of risk of physical danger It if often possible for employers to establish themselves whether an individual is likely to be covered by the act based on the illness or condition they have and act acordingly if they believe they are covered. If there is any doubt as to whether they are covered by the act, then as scousegeezer says they could obtain a medical report from her gp under the Access to Medical Recorts Act to establish the nature of the illness and whether the person is likely to be covered by the act. Its not clear from your posts what condition your partner has, has the employer obtained medical reports, and what adjustments did they put in place?.. maybe you could give us an indication of this if your partner is covered by the act, and they have not made reasonable adjustments, and they are not prepared to discuss any further adjustments , then the next course of action would be an ET
  14. received a phone call today from a market research company representing natwest, they are looking to carry out research on behalf of natwest into communication relating to bank charges etc, and have approached me as i have an ongoing complaint...ineresting.....
  15. come up and see me, make me smile - steve harley & cockney rebel
  16. as other have pointed out, the workplace (health safety & welfare ) regulations 1992 ammended 2002, require an employer to maintain a reasonable temperature during working hours, and provide sufficient thermometers to enable employees to establish what the temperature is. The temperature must be comfortable without the need for special clothing. This should be minimum 16 degrees for non strenuous activity and 13 degrees minimum for strenuous activity. he is failing to comply with his legal obligations and would have no grounds for disciplinary action
  17. ill now starting small claims proceedings for a further two claims that i had in the banks system but not the courts.. i agree with a lot of the posts here... pre test case business as usual , i like many others here won cases before and we will again... watch the court system come to agrinding halt now . up an at em!!
  18. NatWest [[email protected]] natwest have this morning sent out e mails to their customers showing new charges, many of which have been reduced... they must have an idea whats coming me thinks...
  19. IMHO opinion this is a redundancy situation as it is dimunition of work of a particular kind.. i.e they require less people to carry out a particular role. If there are 20 or more people at risk of redundancy they must consult at a collective level for a minimum 30 day period or until consultation is exhausted.. the conultation should be with the union if there is one, or a comittee of employee representatives if not.The purpose of the consultation is to consider other options and alternatives that the comittee may put forward to mitigate the redundancies or the number of redundancies, as well as this pools for selection should be discussed as well as the criteria on which they are selected. Opprotunities for alternative employment should also be discusssed. After collective consultation thereis also a element of individual consultation required with selected employees. They should not be selecting people on the basis of the shift they work. If you have the same job role and contracts as the people working days then i believe it would be reasonable for all employees in this job role to be in the pool for selection. Selection should be on agreed set of criteria that can be supported by objective evidence. in respect to the other jobs they are offering , on less hours, these would be opportunites for alternative employment. Any employee is allowed a 4 week trial of an alternative role without affecting entitlement to redundancy pay. if at the end of that trial you do not feel the role is not suitable you can still terminate your employment by way of redudnancy without affecting your entitlement to redudnancy pay. If you unreasonalby refuse suitable alternative employment then redundancy payments can be affected, however it is not up to the company to determine if it is suitable. If you feel it is unsuitable, so if the number of hours do not provide you with sufficient income or shift pattrens or location present problems in getting to work then you can resonalby refuse. check ACAS or BERR webistes relating to redundancy, you will find lots of info there
  20. i had a problem with a trampoline that i brought from aldis, the frame snapped after just a month, Aldi tried the same ploy with me, got in touch with the manuafcturer and got nowhere, so wrote to aldi head office who eventually got involved. After many calls and letters, and after many months i did get a full refund from aldi, not the manufacturers.. so as crocdoc stated, its aldi's resposnibility
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