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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

ericsbrother

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Everything posted by ericsbrother

  1. ericsbrother
    Then that is the clincher, employer has accepted what you do for the money paid. there is no mention of shifts in your current (or past with this bank) terms so they cant and dont apply. they are not entitled to even ask you to consider taking a pay cut or repaying the money.
  2. ericsbrother
    So, they just want people to change their hours and work for less money but no staff losses. Are all 4 people being asked to do the same or just some of them?
  3. ericsbrother
    As you are owed money you can use the small claims track long after you can use an ET so I would be waiting for the stamped court documents and then file your claim with the county court. A libel claim made in bad faith will be very expensive for him and could get him slapped with a contempt of court charge. Alternatively, ignore the wind and water and file your claim in the county court for your monies owed and follow the procedures pertinent to that.
  4. ericsbrother
    I have shown them (bank) my passport and allowed them to take down the number but not photocopy it. this may be good enough for the OP's position.
  5. ericsbrother
    After this length of time it becomes part of your terms of employment by the acceptance by both parties. have you had any other changes to your employment terms in the last 5 years? Even very minor things will confirm that both parties have agreed that you work x hours for y pay and they cant now claim it back or say you were being dishonest in accepting it. 6 months to spot it maybe, without any other contractual changes like pay increases, pension contribution changes etc. If they do try and claw it back they will be leaving themselves open to a legal claim by you
  6. ericsbrother
    I know, banks claim that they have special permission to make copies for ID purposes but when you demand to see that permission in writing it isnt forthcoming. Same goes for certain other documents but if you ask whether you are immune from prosecution (for example having a firearm in a public place without a firearm certificateon you) the answer is a resounding no. Advice from government officials doesnt always match the law. and HMRC will tell you that you have to pay CGT on a house sale when you dont
  7. ericsbrother
    By demanding you do overtime they are making your hours greater than the WTD maximum of 48 p/w. Now, you can opt out of that but you cannot be forced out of that. However you have been there such a short time that refusal will probably cost you the job so as you say, looking for another one is the best option or it could get messy.
  8. ericsbrother
    You do not have to accept the new contract and if redundancy is the reason for the changes then effectively you are being made redundant. Question is, how many people are being asked to accept changes or redundancy? What other criteria are being used if not voluntary. I would be asking sooner than later as you might get a better deal if you make the arrangem,ents rather than leaving it to company to make the decision
  9. ericsbrother
    It is illegal for anyone to copy a UK passport so always a bit awkward. Driving licence instead?
  10. ericsbrother
    If they do phone again dont just hang up but put the phone to one side and leave it connected as then they cannot disconnect and bother someone else. i like to play them some tunes on the radio when I get calls like that. 9though that is not what i did to some dodgy Indian con merchants claiming to be my internet provider
  11. ericsbrother
    If you are minded to, ask him if he has agreed in writing to allow ANPR to sue people in their own name. He may not be aware of this but he need to give express permission for them to claim from anyone via the courts and if he becomes aware he may revoke that permission in your case, specially if he thinks that he will get grief about it in the local paper etc and how damaging it could be for his business if enough complanits were make public. No threats, just gentle hints or questions.
  12. ericsbrother
    They are talking rubbish but that is not of any consequence as you have your POPLA code. Your appeal should be that you were not parked and therefore no contract formed between PE and driver of vehicle. That PE should show contract between themselves and landlord or occupier that allows them to pursue anyone for alleged breaches in their own name. That PE should show what loss they have incurred by the incursion of your vehicle onto the land specified and if they cannot a genuine pre-estimate of loss should it be decided that a contract was formed by this incursuion.
  13. ericsbrother
    Yes it is, it is timed out as the 14 days is including service time and the day the alleged contravention took place so the notice should have been sent on the 30th and with you by the 1st. So, your appeal should start with non compliance of PoFA and therefore no claim against keeper of vehicle. If they reject this then apart from going to POPLA and costing them money a complaint to the BPA would be in order and to be honest I personally wouldnt be going down the GPEOL route as it will allow a get-out for the parking company as all they would then have to to is to offer no evidence and let you win and they dont get a rollocking from anyone else. Having said that, if you do get a POPLA code it is a safe bet to use the GPEOL argument as well and I bet that is what is considered so easier path for you.
  14. ericsbrother
    The wording of the signage regarding leaving the site is unlawful, an appeal court has decided that they are not allowed to claim this but to be sure that your appeal to POPLA is successful you need to make it clear that no loss could possibly have been caused to Excel by your alleged action. As you say, successful wording is they have not shown a loss or genuine pre-estimate of loss. You could also ask what evidence is offered to show that the breach happened as they are not allowed ot photograph you, follow you and guessing where you went is not a good move on their part either. i bet that they drop the matter once POPLA ask them to provider you with their evidence bundle.
  15. ericsbrother
    Ok I see that it is ANPR. They frequently get things wrong so best just wait for the letter in a month's time
  16. ericsbrother
    the notice to keeper must be between 28 and 56 days of the ticket being slapped on the vehicle. It should invite you to identify the driver and a serviceable address that they can be contacted at otherwise they can pursue the keeper as they would the driver. this doesnt make any real difference to most people's cases as they are one and the same but is useful to differentiate which hat you are wearing when corresponding with them. If the car park is near to you then have a look at the signage and try and identify the landord. many people have got tickets from parking at Blockbuster Video or the like and of course they dont exist any more and therefore the parking companies have no contract and thus no rights to be there let alone demanding money from people. Also, what is the name of the parking co? some are not members of a trade association and therefore cant or dont bother chasing up anyone who doesnt volunteer information to them.
  17. ericsbrother
    OK, ticket on windscreen means that you can appeal as the driver of the vehicle and your appeal is that you paid and that there were no conditions applied to your purchase at the time of purchase and so anything else is not park of a contract you entered into and therefore not applicable. they wont like this so will probably reject your appeal the other option is to wait until meteor send out a notice to keeper and this has be be between 28 and 56 days after the ticket is stuck on the screen. before or after that and no claim against keeper, just driver and you are not obliged as keeper of vehicle to name that person. If they do write then appeal and if the appeal is rejected they should give you a POPLA number. Many station car parks come under the Railways Act so PoFA wouldnt apply anyway but metoer is owned by the railway companies and they would rather screw a few quid out of you than seek to use their byelaws to fine you as they dont get that money. If the signs are not visible then that is another reason for not forming a contract as insufficient notice or signage means contract is an unfair one under consumer law.
  18. ericsbrother
    You are allowed to leave the complex and Excel know this but are hoping you dont. Excel should have given you a 10 digit reference number to allow you to appeal to POPLA. If they havent write back to them complaining that they have failed to do this and if you do not receive a POPLA code by return of post they cannot rely upon the PoFA to claim against you and that the matter will be considered closed. Send a copy of your complaint to the BPA so they know Excel are at it again. If the code is on your letter you write to POPLA saying that parking permit was displayed and that the claim by Excel is therefore false. It is not an Excel car park, they just manage it on behalf of the landlord and have no rights of their own to determine what you may or may not do as long as your vehicle has a permit. If you can tell us exactly what the ticket stuck to your screen said we can advise you better but I suspect that Excel wont send any evidence to POPLA as they know they will lose. Basically, you have a right to be there and they have suffered no loss and nor has the landlord, who has given you permission to be there without any precondition and that overrides any stupid rule Excel have invented. The law is also on your side so you wont get dragged through court or have debt collectors chasing you unless they want to receive a real kicking by a higher authority.
  19. ericsbrother
    I would be submitting a sleleton defence in around a fortnight so that CEL are forced to consider something before paying up for the allocation. In the meanwhile you can demand from CEL the evidence that you were parked for the time stated and a copy of the contract with the landlord that allow them to make claims in their own name. Later you canquestion exactly what they are claiming for, trespass, breach of contract, a contractually due sum or what. The wording of the signage will determine which is the correct one but dont give them their ammunition. Take pictures of the signs and make a note of their size and position and whether you can read them entering the car park sitting in the driver's seat of a car. You shouls also contact the local council planning dept and ask whether CEL have planning permission for their advertising display boards (unlikely that they will) as it can be argued that a contract cannot be formed as a result of an unlawful act (repudiation of contract) but judgments are not usually made on this as it is very subjective as to whether you would have acted differently had you known that the signs werent lawfully put up or not. however, it is all extra ammunition to make CEL squirm.
  20. ericsbrother
    You must get the acknowledgemnt of service back to them by tues and then you have time to get your defence in after that. there are things that you have mentioned that dont add up to a full puicture so come back here and clarify a couple of points if you can, ie did you park in the car park? Are you a mamber of the Co-Op? timings of the letters sent to you.
  21. ericsbrother
    I think that they have tied the two together so they can nab all of your assets if it goes pear shaped. Immoral at best and almost certainly misselling ad I bet the interest is higher than bog standard mortgage rates
  22. ericsbrother
    I bet your card was skimmed. Happens at many petrol stations but the banks and police dont seem that interested in getting to the bottom of it.Organised crime, not a one off chancer.
  23. ericsbrother
    Write to the BPA and to the DVLA complaining that the ownership details were accessed under false pretences and that UKPCS are refusing to follow the protocols of the PoFA. Send a copy to UKPCS saying that as they refuse obey the rules of the PoFA to issue the POPLA code you now consider the matter closed
  24. ericsbrother
    How did they determine you were there? Presumably number plate capture so tell us EXACTLY what the claim against you states. CEL havent got one right yet as far as I know so I doubt if yours is any better. For the moment return the Acknowledgemnt of Service saying you intend to defend in full and wait for the allocation. Do not tick ther mediation box. Your defence will depend upon what they said you did that caused a breach and how they deterimined this and what the timings of their letters are.
  25. ericsbrother
    Perhaps I should ask them at the AGM and make sure that it is minuted.

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