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Everything posted by Shelley181146

  1. Hi, Lookinforinfo, please can you expand on your earlier post re "The Protection of Freedoms Act 2007 paragraph 9 section 2 [f] the PCN wording does not comply with what it should say in the ACT. the act says it must comply so that means that the keeper is not liable to pay if the driver doesn't." I have attempted to look of this but it refers to Act 2012 - On another matter I am now dealing with, this maybe extremely useful please. Many thanks
  2. We wont be divulging the driver details and the response we stated in the appeal is shown in #17 above. I'm intrigued!
  3. So the appeal has sent their response, typed below 'verbatum' "Dear Sir/madam, Thank you for your correspondence relating to your Parking Charge. The representations stated in your correspondence have been noted and considered. Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly. We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested. Yours faithfully" When we appealed the following was our response: "The driver drove around looking for a space for 24 minutes but was unable to secure one so left without parking. There has been no breach as there was no opportunity to read the signage and consider it and agree to be bound by its terms and also as the demand is for a parking charge, this is not applicable as there was no parking event to incur such a charge" It appears that we didnt disclose the driver details so how do you suggest we respond to this please?
  4. Nothing has been received since, so it maybe wishful thinking that this has gone away?
  5. Hello, A friend was a victim to a trafficking situation by criminals ( can't go into details, on-going case) and the local council had to find them temporary accommodation whilst the case was being investigated by police. To cut a long story short, the council have taken from April 2020 - March 2021 to find a permanent property to move into whilst Housing Benefit continued on the original property, the council were footing the bill for the 'safe house'. My friend was/is still in receipt of legacy benefits (ESA ETC) although the offer was made in March 2021, the viewing didn't take place until end of May 2021 (Council delays - unknown reasons) but this now resultas that my friend has lost eligibility to retain legacy benefits including HB and they are forcing them to claim UC. We're all aware the Covid-19 has caused many delays in all area's of business, so does anyone know if legally, the 52 week rule was extended to account for this also, or has this remained the same please? My friend has a support worker who has tried in vain to get updates from the council to no avail, and the Housing Manager admitted she had never dealt with a case of this severity before, so I question the validity of the delays between March - May preventing the continuation of legacy benefits, am I expecting too much? Is there an appeals process?
  6. The driver is 'outed' naively, sorry, crossed wires! The driver had been looking for a space, but had a 3 month old baby in the car screaming so abandoned the trip. The driver had not been to this area before, but relatives had said it had been 90 minutes free parking, but as they hadn't parked was surprised to have received this. Naturally distracted by events in the vehicle they weren't looking for signage on P&D.
  7. Dx100 you pointed me to a previous case in your post of 5th June and I followed that advice. Hadn't parked up, so no breach!
  8. Car Park.pdf Finally managed to attach, hope this is legible. We have appealed today (just within the 14 days of 2nd reminder) and await their polite decline to agree our appeal and will post up again when it arrives. Thanks Peeps
  9. Apologies for the delay, I am having great difficulties trying to scan the document - however, I have taken photograpghs and when trying to upload them it says they are too large, but then I note the accepted file types Please can you advise how I can get these images to fit and upload? TIA
  10. Following your post on what information you require here goes; 1) Date of infringement: 15/05/2021 2) Date on the NTK (this must have been received within 14 days from the 'offence' date). NTK Dated 27/05/2021, 3) Date received Today - 05/06/2021 - no markings on envelope to prove posting etc. 4) Does the NTK mention schedule 4 of The Protections of Freedom Act 2012? No 5) Is there any photographic evidence of the event? Yes 6) Have you appealed? No 7) Who is the parking company? CP Plus Where exactly (car park name & town) Crown Wharf, Walsall. WS2 8LL 9) Official Body BPA Will scan both sides of document and will post as single PDF file once personal info removed shortly.
  11. How do you suggest I access those records, I was only there a week? As for training, I was drivers mate for 2 days. No trade union membership
  12. 2nd incident - the vehicle was not fitted (missing) straps on rear doors for driver to hold on to when vacating the vehicle from the rear door - isn't that negligent? 1st incident - loss or damage? it was hell trapped in their vehicle, do I need to have loss or damage to make claim being trapped in defective vehicle? Neither incident was bad luck - if vehicles were correctly maintained neither would have happened!
  13. I have spoken to NWNF organisation but they were so half soaked on the telephone, lacked confidence in their ability to process accurate details, when they couldn't even record the basic info correctly - plus I don't agree with them having their costs paid as well as the 25% successful claim fee {(
  14. Last year I was involved in two accident type incidents at a place of employment (Temporary worker) Background: I had trained for 12 months to become HGV Driver and decided to start with 7.5tonne truck to gain experience, trainer said I was excellent driver but due to the insurance premiums companies require 2 years driving experience, hence starting out on 7.5 tonne. I was working via temp agency and the company provided temp drivers with their older trucks and the permanent staff had the new trucks. 1) As I was provided with a company mobile phone I do not have access to exact times of the phone calls, but I do know exact dates, I was provided with a truck for refrigerated deliveries and whilst on a delivery, the side door slammed shut due to gale winds. The truck has two doors on the refrigerated unit (rear and side) but the emergency poppers to exit the unit were both inoperable, and I was trapped. You may not know but the refrigerated units are lead lined and not always possible to get phone signal - thankfully, eventually I managed to get to speak to manager at depot who raised the alarm and staff at the outlet opened the door from the outside. The manager had me continue a few more drops and then take truck to a HGV MOT station and return to the yard in a van - Although the truck was due an MOT, nothing had been advised prior to leaving the yard earlier that morning, so I suspect they were going to get door poppers investigated. Upon returning to the yard, the manager said no accident had occurred and no requirement to complete accident report form - naively I didn't challenge him! I did liaise with the agency to explain what had happened after the events, so they will have a record of telephone conversations - can I request those via SAR request process? Would I be able to get access to the delivery drops I did that day via SAR request? I do have photographs of the door poppers and news/weather reports for the day in question 2) The next day I was provided another truck and whilst delivering goods from the rear doors I slipped out/off the rear steps and dropped heavily to the roadside and fractured wrist, and various body bruises - taken to hospital via ambulance as the fall had 'winded me' and I was unable to get up - 2 members of the public assisted but I don't have detail - the shopkeeper has provided his name and telephone number I had physiotherapy and I have experienced flashbacks which I have spoken to my GP about and he thinks I maybe suffering PTSD Question: How difficult/complex would it be to deal with the claim myself, rather than solicitors 'NO WIN NO FEE' and taking 25% What will I need to do? How do I start the process? Is the outcome likely to be different?
  15. UPDATE: We sent in High Court Enforcement Officers who have secured full payment
  16. Hello Slick, I'm doing ok thanks, how are you? Long time no 'chat', I was thinking about you on my way home this evening. The respondent is a business (Hotel) they have slipped up in so much as not sent covering letter to tribunal when requesting reconsideration, sent a bundle of documents which existed but was never disclosed to us via SAR or subsequent requests, judge has declined their request. The respondent is well past the appeal 42 days permitted and I hand delivered a demand for payment which naturally funds didn't materialise, but the respondent then tried the reconsideration route again, still denied by judge. I have processd the name and shame facility by the government website, so the respondent will incur an additional 50% of the award, which goes to the government as another strategy, https://www.gov.uk/government/publications/employment-tribunal-penalty-enforcement and now I am looking into enforcement via the money courts. service. However, in their guidance notes I see they stipulate that the MCOL cannot be used as a result for a tribunal award. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf Surely, we can take this 'bod' to court to enforce payment?
  17. I represented a family member in an Employment Tribunal which was awarded in their favour. Background: The respondent failed to provide a bundle and came unprepared as he had planned for their finance employee to attend, but they were ill which left the respondent with no information on the day. The Judge gave the respondent the opportunity of 3 hours adjournment over lunch to get bundles but he declined and agreed to accept whatever decision the judge made. Once the judge verbally provided their judgement (recorded by herself for court process purposes) which was in my family member's favour, the respondent asked if he could appeal. The judge advised that the appeal process would be advised within the judgement documents (sent in post) and he could follow them once received. The respondent posted a small bundle of documents to both the tribunal and ourselves, but did not include any letter or application for reconsideration within the 14 days but the judge has decided they add nothing to the case and has closed the case, placing his bundle of documents on file. I have spoken with both the Tribunal office involved (case closed) and London Court of Appeal who have received nothing in this matter. Firstly, Which is the best way to secure payment from the respondent? Secondly, The Judgement states that the Claimant is eligible to claim 8% interest but is this from the day following the expiry of 14 days when payment was due, or the day following the expiry of 42 days which the respondent has to appeal? and how do I calculate the daily rate please of £2,500? TIA
  18. I honestly dont know if the Scotland/England jurisdiction affects this, maybe Andyorch the legal expert on here may know. Perhaps Bankfodder could point him in this direction? You need to clarify the dates on the court paperwork and see when they need a response by, and think how you want to respond to it, otherwise your ex employers could win by default. I would expect it to be a minimum standard to specify deductions being made via your payroll, usual example would be over-taken on holiday entitlement. But as you explain, you were suspended, not on annual leave. If you still have your payslips/P45 information you could liaise with HMRC to clarify what income tax/national insurance contributions was paid in respect to your employment. You can also calculate your holiday entitlement on the Gov website. Start making a list of things you want to clarify, questions you need to ask/get answered to keep a methodical record of events for the court hearing, then when you have the Sar information come back if you need any further guidance.
  19. Did you ever receive any correspondence stating that you were suspended on full pay? If so, you will need this to defend your case in court. If you can't remember, or have mislaid any documents you can send a Subject Access Request (SAR) to your ex employer detailing all documents required. They have 30 days to respond, at no cost to yourself. In the meantime, you will have to respond to the court documents appropriately, as to how you wish to defend the case, wholly or partially but you must respond. Otherwise your ex employer can win by default. You could have a chat with ACAS and there are some free solicitors near University campuses who maybe willing to help and guide you on the employment law side of things. If your near to an Employment Tribunal building, it might be worth popping in to them as they have posters up with contact details of qualififed people who may be able to assist. I know its not E.T matter but I'm thinking of free legal advice which specialises in Employment Law.
  20. Andyorch, thank you. I had checked this and everything there seemed fine. However, I changed my password on the laptop adn then tried on the mobile phone and it worked fine. Today however, it won't respond, so I suspect it's an age thing and I get muddled with caps lock on/off etc, lol At least I have identified my failings and now know how to investigate, thanks to you. This dinasour appreciates your assistance.
  21. I am having difficulty logging into the site via my mobile phone - I have the correct user name and password so wondering is this just a temporary gliche or something else?
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