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  1. I have read the stickys and I see that a lot has changed since last time I did this. ParkingEye have recorded me overstaying in a shopping estate car park and have issued me with an £85 fine (reduced in paid quickly). I am wondering if anyone has had success by providing evidence that they were genuinely in the shop for the time period shown, busily purchasing away! Essentially I was in costa and can show from my bank statements that I bought a lot of coffees whilst I was there working (oblivious as I was to the time restriction). Is this worth appealing about? My thinking is that the shop did not suffer a loss as a result of my breaching their contract? Or is that naive thinking. Some help would be very welcome 1 Date of the infringement 12.1.19 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17.1.18 3 Date received something like 22.1.19 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y 5 Is there any photographic evidence of the event? Y 6 Have you appealed? {y/n?] post up your appeal] not yet Have you had a response? [Y/N?] post it up 7 Who is the parking company? parkingeye 8. Where exactly [carpark name and town] westgate retail park, wakefield
  2. Hi guys, good morning I have a lease car and got a parking ticket which I promptly appealed, I never heard anything back from the council. It was only until the lease company send me an invoice for £295 that i realised something is wrong and i took this up with the council directly to find out why they never send me the rejection notice. The lease company have paid the council. They replied saying that rejection notice was sent back to them as "returned mail", this is impossible as I get all types of letters come through and even various from the same council. Aside to the obvious of me arguing that I never received the letter, what grounds of arguments do I have? I suspect the council will say they will not refund just on that account. Your advice is appreciated, Many thanks Mehdi
  3. Dear Forum members, I would like to ask you if you could kindly help me draft the best POPLA appeal that I can in regards to the NTK I received from UKPC? Appeal sent as the Keeper of the Vehicle on the following grounds and asked for further information: 1. Equalities Act 2010 compliance (have sent them proof of disability for an occupant of the vehicle) 2. Parking Charge amount claim grounds 3. Asking them to give a breakdown of their actual loss. Is the charge a true reflection of damages? 4. Their status – the creditor? 5. Ownership of premises? 6. Contractual Authority (as required by BPA Ltd AOS CoP B.7) 7. Signage There was no admission on who was driving and that is stated in the appeal letter to UKPC clearly as well. UKPC Rejection of the Appeal: Their reasoning for rejection of my appeal was (verbatim): Disabled parking bays are reserved for Blue Badge holders only and that a valid disabled badge must be clearly displayed at all times. They have not addressed any other issues or points of appeal at all. I have also downloaded the photos they hold on file for my vehicle and they are all silly and also show how inadequate their signs are as they are absolutely unreadable. I have included in this document (further down on following pages) the following: • Copy of the photos UKPC has on their online system for the vehicle at the location • Copy of the photos I have taken subsequently visiting the site to check for signage • UKPC Notice to Keeper copy (personal info scribbled out) • My letter of appeal to UKPC as the owner of the vehicle (personal info scribbled out) • Copy of the UKPC Rejection of Appeal letter to me (personal info scribbled out) Could you please assist me with making the best possible POPLA appeal for this case? Thank you ALL for sharing your time and knowledge so selflessly!!! Below is the summary as per your guide and I have also attached full PDF document with photos and copies of letters etc (redacted for personal details): please answer the following questions. 1 Date of the infringement: 18/11/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 19/12/2018 3 Date received: 24/12/2018 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 (copy in the attached PDF) 6 Have you appealed? {y/n?] post up your appeal] YES (details in the attached PDF) Have you had a response? [Y/N?] post it up: YES (details in the attached PDF) 7 Who is the parking company?: UKPC (ukparkingcontrol.com) 8. Where exactly [carpark name and town]: Great Western Industrial Estate, Southall UB2 4SD PDF case copies for the Forum to ask for POPLA appeal help.pdf
  4. Hi All Firstly, a massive thanks in advance for any advice that can be given. I feel a little bit lost in the law and unfortunately can't afford a lawyer so it's great to have communities like this to come to. My situation below: I live in a flat that shares it's car park with the rest of the block. The buildings management has employed ParkDirectUK to manage the car park and they require parking permits to be displayed. ParkDirect recently gave me a £100 parking charge as I forgot to display my parking permit. I contacted them with evidence of my residency and my parking permit but they stated that this is irrelevant as at the time my car did not have a permit. I then contacted the Independent Appeals Service (IAS) and they have rejected my appeal on the same basis. The question I have for the community is should I still refuse to pay and potentially go to court. Where does the law tend to land on cases like this? The full case (copied from my IAS appeal) is detailed below: ************************* ************************* ********* My Appeal Hello On the day I received my fine I forgot to put my parking permit in the window of my car. (Although in the pictures ParkDirectUK sent me you can see it in the holder in between the two seats). I am appealing this fine on the basis that I am a resident at the property and have the right to park there. You will find attached an image of my Parking Permit and the Visitor Parking Permit that belongs to my flat. In addition, I have attached an image which contains the relevant section of my lease (section 4) that states I have the right "to use the common parts". I have confirmed with Building Management that the car park is owned by the building I reside in and not by ParkDirectUK. I can also confirm that no where in my lease does it state I must display any form of permit to use the land. In addition, the details of my car had been submitted to ParkDirectUK and so they were aware of my right to park there. Thank you for your time Matt Section 4 of my lease: The right in common with the landlord the other tenants of the Building and all other persons entitled to the like right at all times and for all purposes in connection with the permitted use of the Property to use the Common Parts and all those pathways and accessways leading to and from the Property for the purposes of access to and egres from the Property subject to any rules and regulations for their common use that the Landlord may from time to time consider necessary ************************* ************************* ******* Operator's Prima Facie Case The operator made their Prima Facie Case on 01/07/2018 10:14:23. The operator reported that... The appellant was the driver. A manual ticket was placed on the vehicle. The ticket was issued on 23/05/2018. The charge is based in Contract. The operator made the following comments... This PCN was issued because the vehicle was found to be parked in a permit holders ONLY area and failed to display a valid parking permit. Whilst we do sympathise with the appeallants circumstances at the time of the contravention, there are nonetheless numerous warning signs displayed in various locations around the site including the sign in CLOSE PROXIMITY to the vehicle to ensure all approaching motorists are fully aware of the restrictions that are in force highlighting the need to display a valid permit in order to utilise the premises. We would now like to refer the appeallant to the Consumer Rights Act 2015 Section 64, which looks at what a reasonable person would consider fair. The myriad number of signs are sufficiently lit, are in an intelligible language and are prominent to draw the attention of a reasonable consumer. As such, a reasonable consumer would have acknowledged these signs. It can never be used as a defence in contract law to state that one did not see/read the terms and conditions (warning signs) once it has been established that the existence of those terms and conditions (warning signs) have been reasonably advertised. All of our warning signs have been audited and approved by the IPC who have deemed their location and content sufficient to disseminate all drivers of the restrictions in force. The signage at this location clearly connotes to all motorists the level of charges that were in force and you had the option to park elsewhere if you felt that the terms and conditions were excessive or unreasonable. By parking on site, it confirms that they agreed to park in accordance with the perspicuously displayed terms and conditions – including the level of the parking charge if it arose. The warning signs clearly state that vehicles must clearly display a valid parking permit fully within the windscreen and comply with all conditions on the permit. We have reviewed the time and date stamped photographic evidence taken at the time your vehicle was issued with a PCN and we can confirm that no permit was on display. As no valid parking permit was displayed the vehicle was indeed parked in DIRECT BREACH of the terms of parking as set out on the warning signs - these terms are clear and do not make any exceptions. Furthermore, all of our warning signs prominently displayed a 24 hour customer service telephone number which they could have called in the event of any uncertainty, and had they called the number they would have been advised which steps to take in order to avoid receiving a PCN. We must remind you that it is the driver’s responsibility to ensure that they actively observe and adhere to the parking restrictions in force when parking on PRIVATE PROPERTY and we would advise that they do so in the future so as to prevent any further PCN’s being issued. The appellant has provided a copy of their lease which does give them the right to use the common parts however, it clearly states "subject to any rules and regulations for their common use that the landlord from time to time consider necessary". The landlord has implemented parking regulations and the driver is aware that the permit must be displayed in accordance with the terms of the use of the permit as stated on the reverse of the permit and the terms as stated on the warning signs. ************************* ************************* My Response The appellant made their response on 01/07/2018 15:57:50. The landlord has implemented the parking charges for the purpose of deterring non-residents from parking in order to ensure that residents (like myself) have the ability to park when required. The purpose of a parking charge is to recover the losses that the landowner incurred for the space not being available. I am a resident and have the right to park. Therefore there was no loss, in any sense, incurred by the landlord or the residents by my parking there. Therefore I would ask a justification for the excessive £100 fine. ************************* ************************* **** Adjudicator's Decision The adjudicator made their decision on 12/07/2018 15:37:31. It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles. The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. For the avoidance of doubt, this charge has been issued on the basis that no valid permit was clearly displayed in the vehicle at the time of the parking event. I am presented with photographic evidence from the Operator that no valid permit was on display at the time the Parking Charge Notice (PCN) was issued. The signage throughout the site makes it clear that the restrictions apply to all vehicles parked at this site and that if vehicles park otherwise than in accordance with the terms a charge will be payable. I am satisfied that there is no evidence of a valid permit correctly displayed, or displayed at all. Whether a driver feels that they have permission to park or not, the contractual terms require a driver to properly display a valid permit and by not displaying properly any such permit they agree to pay the charge. The Appellant should have ensured that a valid permit was clearly displayed in the vehicle otherwise they should have parked elsewhere. It is the driver’s (rather than a third party’s) responsibility to ensure that the terms and conditions of parking are complied with. The vehicle was secure, stationary and unoccupied with no valid permit correctly on display and therefore, in accordance with the advertised terms, the driver is liable to pay a charge. The signage on site complies with current regulations and is sufficient to have brought the terms of parking to the driver’s attention. The signage is neither misleading nor unclear. The contractual terms require the driver to display a valid permit, otherwise by parking they agree to pay the charge. If for any reason the driver cannot display a valid permit they can either park elsewhere, or remain parked and agree to pay the charge. The Appellant chose the latter option. The Appellant also raises the issue of damages for loss caused. As the Operator does not allege a breach of contract they do not seek damages for loss. In fact they seek payments pursuant to a specific contractual term which I am satisfied was made reasonably clear to the Appellant at the time of parking by way of the signage on site. Demonstrating a genuine pre-estimate of loss is therefore not necessary. For further guidance on this point the Appellant may wish to consider the judgment in PARKINGEYE LIMITED and BARRY BEAVIS [2015] EWCA Civ 402 I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant’s circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed. ************************* ************************* ****** Thank you all for any advice you can give. It is very much appreciated
  5. Good afternoon, Am hoping someone can offer me some advice with regard to NE Parking Ltd and whether or not I should pay not 1 but 2 PCN's issued within 24 hours whilst parked in the same parking spot over August Bank Holiday weekend in August. Arrived in Blackpool having booked a hotel to stay the evening with my partner and 2 children on the evening of Sunday 27th August. I was unaware that there was limited parking at the hotel and upon checking in at 18:10 I was informed that I would need to use one of the car parks situated nearby at a cost of £12 for 24 hours. I then made the decision to park my car (at approx 18:15) on one of the few available spaces at one of the NE Parking Ltd's car parks, as it was closer than were I had initially left my car prior to checking in. I checked the payment meter and discovered that there was no facility to pay by card and it would only accept coins, to which neither me or my partner had at the time. The mistake I then made was deciding to leave my car without a ticket for a short period of time whilst I carried our bags into the hotel room and then went off in search of a cash machine or shop to get the required change for the parking meter. I managed to purchase a ticket at 18:36 only to find that within 21 minutes of leaving my car I had been issued a PCN for failing to display a valid ticket. Great! I then took the PCN off my windscreen and left it in my car with the ticket I had just purchased on my dashboard, as there was very little I could do now with it being a Sunday evening and upon trying to contact the company managed to speak with a mobile supervisor based in Hartlepool! I left my car parked overnight and returned to it around 3pm the following day to set off for the journey home. Arrived to find another PCN had been issued for failing to display a valid ticket but unfortunately the ticket had blown off from my dashboard to the side of my front passenger seat which was probably due to strong winds which Blackpool had the previous evening and day. When I got home I e-mailed a detailed letter of appeal to the company outlining my circumstances with photographic evidence of the ticket I had purchased plus receipts of my check in time at the hotel and from my purchase to get cashback from the shop. I respectfully requested that the 2nd PCN issue be cancelled due to the fact I had already been issued one and that I could prove I had purchased a valid ticket. I also requested that the 1st PCN be reduced to an administrative charge due to being parked for 21 minutes without a valid ticket. I have today received 2 letters from NE Parking advising that both PCN's were in fact issued correctly and that I was parked in breach of the terms and conditions of parking. Firstly, should I pay them for both PCN's? Secondly, can a second PCN be issued if one has already been done? Thirdly, if I appeal to the IAS as suggested by them using the same letter and evidence offered, would it help to get the PCN's cancelled or reduced? I accept begrudgingly that the first PCN I may struggle to quash, as I have stayed longer than the grace period (heard it is 10 mins) but it just seems as though I have been a victim of an over zealous parking attendant who has watched me on CCTV then very quickly issued the PCN before I returned with my ticket. The second PCN I feel really strongly about not paying because I can prove I have purchased a valid ticket but being parked near a sea front with strong winds and not being able to stick the ticket to my windscreen has made it look as though I haven't paid and displayed. Thanks very much in advance for any opinions or advice that may be offered regarding this issue. Carl
  6. A Builder I paid to do work, did only 70% of the work and more or less abandoned the job for a much bigger project. I had to engage somebody else to finish it. I wrote and threatened legal action, he laughed in my face. I sued in the County Court for £6,500 and won by default because he did not even bother to send in a defence, instead he sent me a check for £1000 two days before the deadline for his reply to the case, asking me to withdraw the case that he will endeavour to pay the balance because he is strapped for cash right now. He then applied for the judgment to be set aside with an N244 application, He lost his N244 application, it was dismissed. He has now appealed that court judgment. In his application he also asked for the court to stay execution of the £6500 judgment I won, pending permission to appeal and subsequent appeal. His reason is that he does not have money and will suffer hardship. I received his notice of appeal by email. (which is ok by me, I have not been served by the court, though or any date given for the case to be heard on this appeal) When I saw he applied for stay of execution of judgment, I drafted a witness statement opposing the stay of execution, I listed his assets, which includes, 2 rental homes, an investment farm, he rents out to a tenant farmer. A small part-ownership of a taxi business (I knew about the assets because he is boastful and boasted about his wealth) I searched land registry and the houses and farm are all his. I sent off the witness statement opposing his application for a stay, by e-filing to the court. Now, the court has written me, asking me to file a respondent notice (N162). (I am a litigant in person) He has a firm of solicitors representing him. I agree with the decision of the judge. I am not appealing the judgment I won. I just sent in the witness statement to show he is lying about his assets and should not get the judgment stayed pending permission to appeal or subsequent appeal. I have tried to fill out the form, but I'm stomped because I don't know if its because of the witness statement I sent in or if its how I am to present my side in the appeal. His lawyers did not file any skeleton argument with their N161, their reason was that they were awaiting further instructions from client. Its over 3weeks now, I still have not seen any other paper work from them. Sorry for the long first post. My question is - Why do I need to file an N162(respondent Notice), I agree with the decision of the judge, I am not appealing the decision in any way. I just want to oppose his application for stay of execution pending permission to appeal or appeal itself.
  7. Hi guys sorry if this is the wrong place but hopefully someone can help me I sold a car on ebay to a dealer who picked the car up and filled in all the paperwork and handed me the yellow slip of the logbook telling me they were a trader so i had to send that part off. This i did via first class mail I also cancelled my D/D for the road tax and all was good until i received a letter to say my D/D had failed and as my car was no longer taxed i was being fined £80. So i wrote back telling the DVLA i had infact informed them as above, next i get a letter to say the fine stands unless i appeal which i did. I appealed on the grounds i sent away the log book and cancelled my D/D and included the receipt for the sale of the car, also proof that i changed my insurance over to my new car and the receipt for the new road tax on my new car. My appeal was rejected on the grounds that while i considered that i had fulfilled my legal obligation by course of post under section 7 of the interpretations act 1978 DVLA consider it is not enough for a registered keeper to just state that they are compliant. They then go on to say there is no legal liability for me to chase up an acknowledgement letter and they accept that however its a legal requirement that i ensure the car is taxed. So they have given me 5 days to pay the fine or take further action and they consider the matter closed. So is there anything i can do ?? thanks
  8. Hi All, This is an employment tribunal question, not sure if it belongs in this section. I am helping a friend with doing some research on how to draft and formulate grounds of appeal to EAT. The case relates to a claim for discrimination and victimisation against his ex employer which he lost some months ago. He was a litigant in person. One of the grounds of appeal he wants to submit is that the Tribunal was bias against him from the onset due to the fact that (we found this out after that the trial) the Respondents lawyer, a Barrister, is also a part time ET Judge. The ET judge who dismissed my friend's case is a consultant solicitor. We have not yet uncovered any evidence showing their firms are linked. In essence, my friend wants to argue that the Barrister for his ex employer and the ET Judge are colleagues and should have declared that conflict of interest before trial. The ET Judge we observed during trial was very friend with the other side's lawyer. I told my friend this could be a weak grounds of appeal and could irritate EAT. He claims not, and states this is a valid ground of appeal. He has other grounds to put forward. Do you guys think his assertion that the ET Judge was bias due to the mentioned reasons above is s strong ground?.. I honestly think he very well may get laughed out of court. thanks..
  9. Hello all, I've received a PCN through the post from Excel Parking, here's a brief explanation. My car parked in an area it had not parked in before and was not familiar with any of the parking. This was simply to pick up a takeaway. My car was advised by the takeaway that there was parking behind that is free after 6pm. So my car went after 6pm, only saw one car park behind and parked there for just over 20 mins. I (the keeper) have received a PCN from Excel Parking. Once this was received I had a look online and it seems they have been rather sneaky in this area. It looks like there's another car park behind the one I parked in that is not very noticable, and according to their website this is the one free after 6pm. So, my car being a newbie here and not knowing the area assumed the car park immediately behind the takeaway was the one free after 6. I bet this has caught a lot of people out. I appealed online, but have had a letter of rejection. They state in the letter about the signs at the car park being clear, and say they issued the charge correctly. Is it worth pursuing? as it was a case of mistaken car park and the car parked in the wrong one.. would my car have a leg to stand on? Also notice the letter says if I appeal again through IAS the reduced charge offered will no longer apply. Should I pay the £60 (reduced) now, or appeal.. is there ANY chance I would get a successful appeal? Has anyone ever won against Excel parking?
  10. am a newbie to this wonder if someone can help me ive been fighting a PCN with harrow council since last year, had my informal appeal rejected and then was sent a NTO ages ago where I restated the appeal and didn't hear back, until a few days ago when I received a rejection letter dated in june which meant I was already out of time to appeal in 28 days. the reason for the lateness seems to be that they thought my company name was my surname and spelt it wrong, so the address was a generic campus/site address and therefore must have gone into a pool before it was redirected to my specific pigeon hole (please note the address is correct with the dvla - its just the council that have made the error). so in a massive panic, I lodged an appeal online with the reference number given and stated that the reason I was appealing late is that I didn't receive the rejection paperwork until now due to this error in address. However, ive looked up the pcn online and it looks like it may have already progressed to charge certificate (just because of the price) but I ahvent received this either -maybe this will also come late if they have made the same mistake with the address as with the NoR. the question is was it the right think to do to lodge an appeal late (the website says you can appeal late if u state a valid reason and I thought not receiving the NoR was a valid reason but I may be wrong) but now im thinking maybe I shouldn't have done that and should have just waited for the next stage to file a witness statement from what I read on here? however the problem I have now is not that I never received the NoR but I received it too late because of the councils mistake in my name/address. So if this does progress what box can I tick and also ho long will the tribunal take to get a result - am worried that the council will continue to progress the charge while im waiting for the appeal result. help please!!!!!
  11. Hi there! I would like to ask for some advice. I found a similar case (same place, same issue) to mine in this forum and would like to know what was the outcome. Or I'm looking for some solution from someone more clever than me. I parked my car in the St Stephens car park in Trowbridge end of May. I purchased my free three hours ticket (still have the ticket) and put on the dashboard in a visible place. Shutting the door moved the ticket further down and fell under the windscreen wiper (not fully visible, but definitely there). I had an hour meeting at Nandos (I'm a manager there) and when I was leaving I realised I got the yellow bag with a parking charge. I appealed straight away. UKPC rejection response came three weeks later. I appealed with POPLA risking my parking charge to be £100. POPLA closed the case today with another rejection. Im a manager at Nandos, work in Trowbridge restaurant quite often. I am fully aware of the rules of that particular car park. My girlfriend is from Trowbridge, we visit the cinema and town shops and we always use this carpark. Why wouldn't I purchase a free ticket and risk a parking charge if I know the rules? I could pay the £100, but I don't think I have been treated fairly in this case. I just don't feel I did break the rules of that car park. Don't think it's okay. My question is: - What shall I do next? - Do I need to be worried if I decide not to pay? - How likely is me to go to court? thanks for the help, it means a lot
  12. Hi all, Grateful for any advice on whether to ignore Euro Car Parks or bother appealing. These are the particulars: 1 Date of the infringement 19/7/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] issue date is 25/7/2018 3 Date received 28/7/2018 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? Close up pic of car number plate with entry and leaving times 6 Have you appealed? {y/n?] post up you appeal] no Have you had a response? [Y/N?] post it up 7 Who is the parking company? Euro Car Parks 8. Where exactly [carpark name and town] Surbiton Health Centre, KT6 6EZ For either option, does it say which appeals body they operate under. BPA ---- I am the keeper, but wasn't the driver on the day. It's the local GP and you have to go into the GP surgery to register the car on a kiosk to avoid these charge notices coming through. The driver did go in and register the car on the kiosk system, but assume the system messed up. We have proof of the GP appointment on the day - so am wondering if it is worth appealing on these grounds. Grateful for any thoughts.. thanks
  13. MOD appeal for families of missing or killed soldiers from the Korean War READ MORE HERE: https://www.gov.uk/government/news/mod-appeal-for-families-of-missing-or-killed-soldiers-from-the-korean-war
  14. Hi All, So this is our current situation: 20th June 2018 my partner was involved in a RTC (Road Traffic Collision) he is an HGV Driver and was driving his trailer at the time. He clipped another vehicle which caused that vehicle to 'roll over' a woman, who was crouched down on the drivers side. Earlier when my partner arrived at the Recycling Centre this same vehicle was parked (in an un-authorised area and parked facing the wrong way : drivers side on pavement: and the two ladies were having difficulty as the ignition key had been broken in the ignition, my partner went to assist these ladies but could not retrieve the key therefore he helped move the vehicle forward so that he could get into the loading bay. On leaving the loading bay you drive around the exiting site, but before he could leave he had to ask for another vehicle to be moved (which was also in un-authorised space) he then pulled out to enter the weighbridge passing (3) vehicles which were all beyond a no entry sign, and as he turned to make the weighbridge he clipped the vehicle with his rear end, he hears a shout "stop stop" and stopped. In the meantime getting back to the vehicle, whilst my partner is working his way around the site, the ladies mother arrives and she is crouching down on the drivers side (presumably to assist with getting the car started again) so from a visual perspective when my partner is making his manoeuver he sees vehicles only. He does misjudge and clip the vehicle at less than 2 miles per hour. The woman sustains injuries and the emergency services are called. VOSA also attends and Brian is subsequently suspended pending full investigation. Brian makes a full statement to HR and the following week attends a meeting in the workplace to formalize the previous statement. Brian is then invited to attend a disciplinary action meeting Friday 6th July outside of the workplace. We have now been informed that he is dismissed from today's date, the reason being that the seriousness of the accident warranted dismissal. Having worked for this company for some time Brian is aware of the concerns raised for this area and lots of complaints have been made, other accidents in this very area where damage has been limited to vehicles only have resulted in no action being taken against the driver, therefore the reasons for dismissal is because sadly someone was injured, but how can Brian be held accountable for that? 1) He clipped the vehicle at less than 2mph, but obviously being an articulated lorry has moved the other vehicle which then in turn injured the woman, he did not hit the woman. 2) All mirror checks should no persons only 3 vehicles. How can he be blamed when the woman was out of sight crouched down? We are hoping that we have grounds for appeal and would like your help. I have copies of all statements, letters received, letters sent although the dismissal letter we have been advised is being posted out today. We have five days to appeal and to determine if we have grounds for Industrial Action. There is no union in place and Brian is not affiliated to any other. We look forward to your thoughts, thank you swift
  15. Hello all, I have been directed your way from an advice thread on reddit. I received a letter in the post from NCP the other day stating that I now owe them £100 (reduced to £60 if paid within 14 days) for parking in their car park without paying. However, the kicker is that I didn't actually park there. I entered the car park to pick somebody up and left 15 minutes later. I've logged in to check what pictures they actually have, all they have are pictures of my vehicle entering the car park and leaving 15 minutes later. They don't have any evidence of me walking off into town for example (they wouldn't, because I remained in my car the entire time). it seems to me that they can't claim that I parked there without paying if they have no proof of my car actually being parked. I would like some help with appealing this and any suggestions would be appreciated
  16. A friend has received payment from MBNA for a miss-sold PPI policy. The advice slip attached to the cheque invites a telephone call to their offices, should there be any queries. This in spite of a notification letter, received some weeks earlier, stating that “This is our final response to the complaint” and referring the recipient to the Ombudsman Service, should the refund not be deemed satisfactory. If MBNA are granting telephone queries, would they not similarly accept written queries? Secondly, I have attached MBNA’s calculations by which they arrived at their refund and would be grateful if someone, with more experience than I, would be kind enough to examine those and give us the benefit of their advice. The credit card was provided circa ten years ago and has been steadily operating with a constant debt just shy of £3000, since then, with only minimum payments being made, each month (if that helps). Thank you. MBNA_PPI-Responce1of2_EDIT.pdf MBNA_PPI-ChequeAdviceEDIT.pdf MBNA_PPI-Responce2of2_EDIT.pdf
  17. Hi I have recently been refused dla for my child she is 12 years old sees a consultant for eneurisis clinic wets in the day and night, shes on medication, also shes under a consultant being assessed for adhd and autism, she has 1 to 1 at school and i sent in a mandatory reconsideration on the 4th aug looked at it allready again, i sent in diaries, consultant letters, paedtrician letters, repeat prescription, side effects of her medication, a full patient summary yet still they said they have not changed their decision, im furious and dont know what to do to appeal. I also have autism, dyslexia, dyspraxia, deprssion with social anxieties, me attending court i would not be able to cope with people face to face please can anyone help thankyou
  18. Parked in a slip road that's in foreground of pic, one way running right to left. Left slip road and turned right onto main road. Only signs are left and right of slip road exit. CCTV shows me turning right with long shot, then close-up showing vehicle reg. On reflection, I can only say I was watching out for other cars in this very busy area and honestly did not see the No Right Turn signs. There was no signage on the road surface, opposite in the form of signs or any physical obstruction. Can anyone say if the road signs give good cause to appeal due to height, etc. Also, is it right that my Appeal of the challenge already turned down will mean I HAVE to pay the FULL fine of £130, as opposed to the £65 "discounted charge" paid already. If it's just not worth the trouble, or paying the extra £65 if I lose the Appeal, just give it to me straight, thanks. LBH PCN pic small.pdf
  19. If anyone could help I’d appreciate it, We went to Birmingham to collect a friend and driving down to the 30 minute free wait the car started to jerk and pull the engine management light came on. Which forced us to pull over as was not safe to continue. We clocked their sign saying no stopping to collect or drop off. We never did we in fact stopped for two minutes maximum. Enough time to switch the engine off an start it again. The engine management light stayed on but the car seemed a slight rough but wasnt pulling or jerking. We drove up an down for a while then entered the premium set down to collect as they had to wait around for us. We kept the ticket also took a picture clearly showing the enginee on with engine management light on and also a photo of their sign post. As we had not done any of what they said we couldn’t. A week later we received a parking charge notice to pay 50 within 14 days or 100 after. I myself appealed to APCOA never heard anything I got a demanded letter to say the 14 days had now gone and I needed to pay. I challenged them on the phone and was informed I had lost my appeal. But never got a letter I said to the man it was an emergency he said I’d have to appeal to POPLA I did an today I’ve lost. This was a genuine emergency an we literally stopped for 2 mins. To switch off an back on. Will we have to pay can anyone help???
  20. I have recently fallen into the trap of Bedroom Tax. I had been working full time and I am now in between positions and in receipt of UC. I researched the process with the help of relevant threads on here and have submitted a letter appealing the bedroom tax for one room as it does not meet the Housing Act criteria. Within my letter I attached a diagram providing room measurements and submitted this via recorded delivery post, received and signed for. I hadn't received a reply and was discussing another matter with the council and they said they would chase the person concerned and get a response. They said in no uncertqin terms that as we had signed and accepted the property as a three bedroom house, they were not reducing the tax. Now, my thoughts are that as we had moved into this house 8 years prior to the introduction of the bedroom tax, surely this isn't sufficient and I should challenge their response? Am I correct in thinking that the housing officer's decision does not meet the Housing Act provisions and therefore I have grounds to appeal this further? Thanks in advance. Shelley
  21. My partner has Autism and OCD, this was not taken into consideration at any point of the Court Proceedings, does this constitute to an unfair trial ? Is it against the rules to have the Same Judge at your Appeal hearing, as at your original trail, in the (secret) Family Courts ? If other rules were also breached, causing an unfair trial, can I subsequently take any action in respect of these ? Any help or advice would be much appreciated. Many Thanks
  22. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  23. In September I received a Late Filing Penalty for 15/16 of £100 from HRMC, prior to this I had received no correspondence from them. I rang them up to explain I had received no prior correspondence from them at all. I was told the reason why I received the Late Filing Penalty for 15/16 of £100 was because I had under paid £190 tax in 15/16. I explained I was not self employed and normally procedure is for HRMC to deduct any underpaid tax from your wage automatically. I explained I was not self employed, but working for a company, so why was I fined £100 for not completing a self tax assessment form, because that's for people who are self employed and I was not. Having explained to the advisor I had received no prior correspondence to the £100 fine, I was told normal procedure is for HMRC to deduct under paid tax from your wage, but the computer system automatically sent the £100 late filing penalty charge because the underpaid tax had not been paid in time. Again I explained I received no prior correspondence from them, the advisor aologised, telling me to pay the £100 fine, she would then send a self assessment tax form for 15/16 out to me - I was to complete this and send it back and then I could appeal the £100 fine. I asked how much I had to pay, was told £190 underpaid tax, so I waited for the self assessment tax form for 15/16 to arrive. This arrived about 2-3 weeks later. A few days later, I received another letter from HRMC telling me I had not sent the self assessment (which had arrived and I was in process of completing) and now I had over £300 to pay. I quickly completed the self tax assessment form, sent it back recorded delivery and after xmas, I received a letter thanking me for sending back the self assessment form but I had to pay £520 because for sending it back late!! Now, how can I appeal 1. The £100 filing late charge 2. The £420 charge I only want to pay the £190 original under paid tax, which HRMC should have automatically deducted form my weekly wage in the first place and the HMRC advisor told me the HRMC computer system sent the late filing penalty automatically and it should not have been sent in the first place. Please need the more experienced guys help me appeal this asap Sent back the 15/16 self tax assessment form,
  24. Received a small claims court summons 4 or 5 months ago made out in my own name instead of the business name for a totally ficticious invoice , we responded with a fairly robust defence. Receieved a reply from the court asking the claimant to send us by a named date and time a clearly listed claim, in numbered paragraphs explaining each point of the claim, and we had approx two weeks after this date to respond to the court and the claimant. The date came and went and we never received the paperwork from the claimant, we sent a letter by recorded delivery to both the court and the claimant stating that the deadline for us to reply was rapidly approaching and we had not recieved the paperwork so how could we answer, no reply was received from either party. we heard nothing else at all, so approx 10 days before the hearing we again wrote to the court and the claimant stating we had not received the claim particulars so how can we be expected to defend ourselves. again no reply. The day before the hearing we called the court and they seemed quite happy , they confirmed that both letters had been received and the judge would deal with it in the court. We attended court this morning asking for the paperwork to be given to us and to ask for time to review it so we could answer all the points validly. To be told the letters may have been received by the court but they wouldnt have been read until this morning...... we had plenty of time to prepare our case and that they would give us a short time to read the claim which they did. ( about 20 mins...) We had a valid argument for every question on there, however, as we did not know the questions that were coming we could not provide any paperwork to back these up ( we can provide the paperwork as we have it all) as how could we possibly know what was coming and what to prepare for, yet the claimant could provide his paperwork , which clearly he knew what to bring as he had filled the claim. Much to our astonishment they upheld the claims whilst we had good arguments we didnt have the necessary paperwork to back these up... we were then told that the court had followed correct procedure and we had to ask the same judge for permission to appeal, he refused this permission... The claim revolves around some car parts that were ordered in mid 2014 by a company that no longer trades, the money was requested as cash, which was withdrawn from the company bank account and paid to the claimant, the sum of £2000. The claim is that the parts were never paid for, and were ordered by me personally and not the business ( now some 3 years later with zero chasing in between) and that the parts were special one offs and as such were £6000 not the £2000 paid. Judgement was found against me personally for the sum of £6000 plus costs of some £1200 making £7200 plus the fact we had already paid £2000 so now im facing owning something that cost £2000 yet cost me £9200. To say I fell totally failed by our legal system today is an understatement. We also have xmas break coming up so its hard to gather information together. we were told I have 14 days to pay the order and 21 days to appeal to a higher court, but even if we appeal the order stands after 14 days so it can be enforced, how is this possible, this realistically means they can send a bailiff round in 2 weeks time? Also I simply do not have the money to pay this, I earn very little and have no assets, what is a lowest payment I can make if I have to, I currently earn around £1000 a month, 2 kids, mortgage etc etc Help....
  25. Guys, I have just had my parking fine appeal refused by POPLA. I believe I am in the right with this and was prepared to take it to the next level if Armtrac (the car park operator) wish to do so. The questions I was looking to get some response to are: 1) “should I lose the case, how much more expenses than the £100 fine could there be e.g. with legal costs etc of Armtrac, cost of hearing etc??? In a similar vein if I win the case can I claim against Armtrac? I am retired but work just a few days a year as a consultant for which my fees are substantial – if successful II would seek to claim on this basis (and donate to a pet/animal charity). 2) What would be my chances of winning based on the information below I picked up the parking fine in March at Sennen Beach Cafe (sadly while waiting for a dog to be cremated), I had bought a parking ticket but Armtrac say that it was “not clearly displayed”. I used the car park in order to have a coffee at the Sennen Beach Cafe who own the car park and have contacted the owner - but he is not going to help. This is was the basis of the appeal sent to POPLA: Grounds for Appeal 1) The Information Required was Clearly Visible. The requirements given by Armtrac (see Document 1 attached to EMAIL) are that “For a pay and display ticket to be valid it must be displayed face up clearly showing the date and expiry time on the dashboard of the vehicle”. The photograph provided by the patrol officer of a ticket displayed has been taken at an angle from which this information is obscured. When placed in the same position on the dashboard the required information is clearly visible from an elevated perspective i.e. normal head height (see photographs in Document 2) which show the two perspectives. The Reconstruction of photographs were witnessed (see EMAIL Witness Statements 1) 2) Incorrect times. There are serious inconsistencies with the Parking Charge Ticket issued and the photographs sent by Armtrac and included in Document 1. The Parking Charge Ticket was issued at 13.09 (see Document 3). At this time I had only just arrived in the car park and was queuing at the machine to obtain my parking ticket (which was issued at 13.12). The person in front of me* was having some problems operating the machine and it probably took about five minutes or more to get my ticket and return to the car. It appears that the time settings on the camera used by the operative were incorrect (14.10 - 14.11) – one photograph even shows the passenger door window wide open which is not something that I would do when leaving the car unattended (as I then did) to visit the restaurant and later walk on the beach. *- Lesley B who kindly gave me her ticket when leaving the car park as evidence. I arrived in the car park at the same time as she did and she has agreed to act as a witness (see EMAIL Witness Statements 2) Any thoughts gratefully received!
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