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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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      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.
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what is the disciplinary process?


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I gather from your post that your friend has been sacked for computer misuse?

 

Much of what has led up to the dismissal will depend on company policy, length of service and whether the misuse has been classed as gross misconduct. You should have a handbook or access to company policy regarding use of computers - what does this say?

 

Many companies have a statement for example, which specifies that computers are provided strictly for business use and that using them for anything else could result in disciplinary action. Alternatively, a certain amount of non-business use may be permitted (for example using non-business sites in break times, or accessing personal web-based e mail) but that downloading executable files, accessing gambling or pornography websites, installing non-approved software, using chatrooms or instant messaging programmes is not permitting and may be construed as gross misconduct for which disciplinary action may be taken which may result in your dismissal.

 

The legal perspective will depend on how the company policy is defined, but in cases of 'misconduct' your colleague would be entitled to at least a written invitation to a disciplinary hearing outlining what he/she is alleged to have done wrong, a right to have a colleague or Union representative present at the meeting, and written advice of the outcome of the meeting witha right to appeal the decision if desired. For misconduct, it would be reasonable to have a verbal warning, first written warning or final written warning prior to any decision being made to dismiss, although the employer wouldn't have to give all of these. He could for example hold a disciplinary hearing and issue a final written warning in the first instance if the misuse was deemed serious enough, then dismiss the employee if the behaviour was repeated. He must though act 'reasonably' and 'fairly' taking into account company policy and any action taken with other staff in the past for similar breaches. For warnings, the worker should be given a timeframe in which to improve the behaviour, and advised of the length of time that the warning will remain on record.

 

If the misuse of the computer was deemed serious enough to be classed as 'gross misconduct' then the employer would still have to allow the 'statutory minimum procedures' of invitation with details of the alleged misconduct, disciplinary meeting with the right to be accompanied, written decision and right of appeal. If he wished to stop the employee working immediately, he could do this by either suspending the person pending the disciplinary hearing, or in cases where the behaviour is sufficient to warrant summary dismissal, he could dismiss without a hearing, providing that he gives written details of the reason for dismissal, and the right to appeal the dismissal. This would only be for very rare cases where the action of the employee is clear cut and dismissal is the only option, or where the employer or his business would be at risk of harm if the process was delayed. He must however still give written notice of the dismissal and a right to appeal.

 

Essentially, any dismissal will be automatically unfair if the minimum procedures of written notice of allegation and invitation to a hearing, disciplinary hearing with the right to be accompanied, written notification of the outcome of the meeting and a right of appeal are not given.

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thanks for the quick replies. They are having his computer checked at the moment but the main issue mentioned is the amount of time it has been used during work time not what has been looked at. The company allow use during breaks etc.

 

He has not completed the last computer use online training and had therefore not signed it. So not sure if he can state he was not fully aware of the policy. He feels he has not abused the procedure as he works at least 1 hour extra per day anyway. Thanks

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Whilst ignorance can be no defence for some things, it is entirely possible that your colleague could argue that as personal use is permitted in your own time that he felt it OK to 'overlap' slightly especially bearing in mind that he always makes sure that the the hours that he works are in the company's favour. The employer might also acknowledge that training and therefore policy understanding might have been lacking....

 

He might be OK but it depends what the teccies manage to find out from the computer. Routinely clearing browser history is normally good practice, even if history is kept on the server to the extent that users' individual activity can be seen. If it leads to a disciplinary and evidence is shown to prove that he has done something wrong, his best option may be to hold his hands up to a little unwitting indiscretion, apologise and say that he has learned his lesson. It may then be agreed to be a minor infringement worthy of a warning and he will then know where the lines are drawn.

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thanks again. The only stuff he does is a few personal emails as browsing cag.

 

If they did try to say he spent too much on it who is to say he actually read ever page he accessed.

 

He said he would often just save it to a memory stick or his mobile and read it at some other time during a break.

 

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Disciplinary for that would be harsh, and the logic sounds perfectly plausible. Fingers crossed!

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I'd say that considering he works an extra hour per day, (unpaid?), but then to discipline him for unauthorised use of a pc, whilst also allowing him to use it during breaks, would be seen as petty, so long as it is not found he surfs for about 5 hours of the day.

 

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Can i just add to sidewinder,s post that, failure to follow the standard procedure will indeed amount to unfair dismissal unless the employer can show that the failure to follow the procedure would have made no difference to the outcome.

 

Also a procedural unfairness that does not fall within the SDDP may be totally excused and render the dismissal fair if it can be shown that, on balance, the employee would have been dismissed in any event.

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