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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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    • 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.

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      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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Employer stealing my money!! Help please


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Hi I'm a chef in part of a big chain pub/restaurant and the company I work for has been screwing me over for years. The most recent thing is that now after we have worked 6 hours on a shift we get half an hour deducted from our wages automatically. There has been no warning of this happening the company has just done it and we didn't know about it until we got our wage slips today and we were some hours short.

Now I'm lead to believe that any changes like this are supposed to sent to you in writing before they implement them and we have had no such warning. Its extremely frustrating as for example if I do the night shift then I will work 4.30pm and finish at around 10.30/11.00pm so just over the 6 hours. Now we don't get any breaks and work straight through so what am I supposed to do at 10.30 when we are just about finished go sit down for half an hour and then come back and finish up or do I finish up and lose half an hour pay.

This isn't the first thing the company has done though, when I started we would do 40 hours then get paid time and a half for anything over. Then we were forced to sign new contracts or lose our job to change it to 48 hours before you get time and a half. Then they didn't even bother with making us sign a new contract and just made it that you don't get paid anything if you work over 48 hours, which you frequently have to do as we are short staffed because no one wants to work for the minimum wage they pay us.

Has anyone got any advice on if anything can be done to stop them doing this or if it is legal for them to do this without telling us?

Thanks for your help

 

Oh just remembered another thing. At the start of February I had 2.5 days holiday left which had not been paid to me. I had the time off but they forgot to pay me for it so I asked them if they could put it through the following week so that I would get paid for it. They agreed but when my wage slip arrived the following week it had not been paid and I had 2.5 holidays left still. I asked them again to make sure they paid it this week they said they forgot and would do it. Again they forgot and it never got paid. Then when March hit I got my wage slip still not being paid my holiday to find that the holidays were now gone.

I was told that I had to use them up before March as thats the start of the new year so anything you have left at the end of February is removed and not paid. I said that I had told them all month to put the holidays through and they just said well you had the time off which yes I did but I didn't get paid for it. Now they say there is nothing they can do as its the start of a new year

Edited by Yankeeruinx
Remembered something else they did
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Hi there - they are supposed to advise you of any contractural changes, and they should give you at least 28 days notice I believe. Firstly, as ever, I would seek advice from ACAS, as it looks as if they are utilising the Working Time Regulations, but they are using it to their own advantage. Under this, you have to have a minimum 30 minute break after working 6 hours: The basic rights and protections that the Regulations provide are:a limit of an average of 48 hours a week which a worker can be required to work (though workers can choose to work more if they want to).a limit of an average of 8 hours work in 24 which nightworkers can be required to work.a right for night workers to receive free health assessments.a right to 11 hours rest a day.a right to a day off each week.a right to an in-work rest break if the working day is longer than 6 hours.a right to 4 weeks paid leave per year.The thing is, if you do not put in a grievance about it, you are deemed to accept it after a period of time anyway, so put something in writing to them. The same with your holiday pay. You do have rights in this area, and their lack of correct procedure and admin practices is not your fault. Do you have anything documented in relation to your requests and their responses etc? It is always best to put things in writing so that everything is documented and they cannot go back on things that have been said.

We are the only ones who make life difficult......

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