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    • “Not realising it was a no parking zone” doesn’t help you if the timing is correct, as (at least, on Google Maps / View) there is clear signage ('7am to midnight', parked at 15:22) What might be worth pursuing is the "ticket handed to driver" aspect : do you have any view on why they would be  stating that?
    • it's 85k of turnover (well, now £90k). However, you're digging yourself into another hole here. That ship has probably long since sailed. Is it worth pursuing this? You're not going to get anything back from it either way.
    • Hi,   A few pointers from yesterday to take note of evris cpr 27.9 failed again so we should really make issue of this also their WX fail to comply with CPR so again we should take issue with their statement of truth  you cant get tort if you get damages under subsection 7 of CRA because its double recovery  - not sure what we think of this? however its the first time i saw the judges make reference to your non automatic rights from s49 which s54 and 57 assist with. We should start stating this specifically for claims as I think its much better than just 49 and 57 as we need to make it clear where our non automatic rights come from as 54 automatic frankly dont help  I have sent the claim form and defences to the admin email because I can’t upload them for some reason as it wont let me but thought this may help as its the first time we’ve taken tort to trial. although i think the DDJ was honestly struggling to understand some parts of the law because he was asking me about them and how he should interpret them, especially for the automatic. Will apply for transcript if you want it?
    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice required please...


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Heres my problem...

 

I have been employed by a global company as a full time employee since 2004, they provide services to a global invertment bank, they have a 5 year service provision contract, it is now in renewal negotiations, they are hoping for it to be extended for a further 5 years early in 2008. My employer has approached the investment bank with improvements, some change in structure, ect, all the normal things.

 

However, my role as it was when I started has diminished as the functions I carry out have been split between 2 other service providers, at the request of the investment bank to streamline the process. I have now very little to do !

 

I have been informed by my employers HR executive that they believe TUPE applies, I have been told I am at possible risk of redundancy, however I have not yet been advised that the consultation period has started.

 

I have asked line manager, and HR for an update, they have said there is as yet no update and that they are talking to the investment banks HR groups. (why I ask myself) Should I ask my employer some more questions, and if so, what would be the correct questions to ask ?

 

Or should I just sit tight and wait ?

 

All advice greatly received...

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from what you have said there could be a possibility of redundancy if the contract is not renewed.

If the majority of your work is with other companies then there could be a possibility of you being TUPE'd to another firm but in most circumstances this would only normally happen when a company or business is sold or taken over. Might be better to sit tight and wait?

 

Regards,

 

Paul.

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From what you have posted, I can not see how they believe TUPE might apply. There might be more than is apparent from your post.

Speak to your HR dept; ask them to be kept informed. At this time the best advice would be to wait and see.

Regards

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I know it’s frustrating but at least they are mailing you even if it’s to say there’s no update as yet.

It sounds as if they are doing all they can, so stick with it.

Regards

Cal

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  • 1 month later...

Any advice greatfuly received on this...

 

Got told last week that an existing service provider, who I work very closely with, will be taking on some of my role, although there are going to be some process changes, and that my current employer will arrange TUPE to them

 

Yesterday called in to a meeting yesterday, handed letter dated yesterday, explaining that new service provider would indeed tranfering me in, also handed a letter, same date, saying that my job would now be redeundant by means of a ETO reason.

 

Was then handed a compromise agreement, full of legal jargon, I would be signing away my right to claim unfair dismissal if I sign it, but I would receive around 6 months salary made up of statutory redundancy, a confidentiality payment(£100) and a compensationpayment. The meeting took place 30/01/08 transfer and redundancy date 04/02/08.

 

Should I sign and take the cash ?

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