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


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    • dx100uk
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By dx100uk · Posted

      just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • dx100uk
      Private Land parking issue

      By dx100uk · Posted

      sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • lookinforinfo
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By lookinforinfo · Posted

      The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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 does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • FTMDave
      MET ANPR PCN - NtK - BP Blue Boys Tonbridge - Burger King Car Park NOT BP car park.

      By FTMDave · Posted

      Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • FTMDave
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By FTMDave · Posted

      New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

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

disaplinary hearing monday 2nd june at 10am

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bingowings

bingowings

Posted
Posted

Magic you can claim JSA its not much but will help you out in the meantime. Plus jobcentre staff can help you find new employment. You maybe able to claim other benefits. You would need to contact your loan co. to see if they would take a payment break just till you get back up and running.

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tezzah

tezzah

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Have you been given the chance to appeal? You could appeal against the severity of the sentence imposed on you. You could ask them to reinstate you based on your previous 15 years experience, maybe at another location so they don't lose face and maybe in a role where you do not have the opportunity to steal though this may be difficult since the theft could money or goods. Even a shelf stacking role involves handling goods. Are there any roles where you could work which doesn't involved handling goods or money, maybe collecting trolleys or something?

 

We would usually dismiss where i work however we may also remove the employee from their position and reduce their grade so they don't handle cash etc if they have a good record.

 

Just my 2p worth.

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magic28

magic28

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hi tezzah

 

yes they said i could appeal but there is no point now.i told them at the meeting i was sorry and said i would pay back and change depts, i even said a store transfer but she just threw her weight about.

my union rep thinks its because she was new and she was trying to prove a point by humiliating me in the process.

ive been told to write a formal letter to head office about the incident yesterday.

thanks

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tezzah

tezzah

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Ah but she is not the appeal manager. It will be for the appeal manager to decide. What do you have to lose, the worst they could do has happened. Have you asked for copies of the paperwork relating to this matter, ie statements, notes etc?

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magic28

magic28

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hi tezzah

no i have no copy of anything in the meeting,if you read my earlier messages i was shipped away soooo fast by the police my feet didnt touch the ground and my head was all over the place to even think about the notes.

im writing a letter to one of the main men at head office. not sure if appeal would do anything as my rep said they followed all the rules set out for the meeting except the police and the escorting from the building.

just my luck to get a new manager who i guess was trying to gain brownie points......

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bingowings

bingowings

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I can't see an appeal being upheld as the thefts were admitted. Technically you were arrested although released under caution for the offences later that day. Your union rep should have intervened if they felt that you were being treated unfairly. Personally would you really want to go back and work for them? Knowing that you could be watched all the time. People talk, everyone would know.

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magic28

magic28

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hello bingowings

i wouldnt work again for tesco,

my union rep was gob smacked as to how fast the police was there.they must have planned it all.

my union rep is trying to get hold of her own manager to tell her what happened.

as for people talking not one person has rang me at home to see how i am.

i will keep you posted as to whether i get a new job soon.

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PI Guy

PI Guy

Posted
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They must have planned it all.

Correct! That's exactly what we used to do except we would do it at the end of the investigation interviews (if the evidence supported it). That's what happens when you steal.

 

It's extremely unlikely that any appeal would succeed.

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bingowings

bingowings

Posted
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Its times like this when the chips are down that you will find out who your real friends are. So long as you have the love and support of your partner and family, you will come through this. Take care and keep us posted.

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Allwood

Allwood

Posted
Posted

Not sure if this will work but why do you have to say that you worked before, you have a family and therefore that is a full time job. So if and when you get an interview why say that you worked for Tesco say that you were bring up a family. Do not know if this is legal or not but it is worth a try do not put your previous employer name on an application form for any job in the future.8)

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GuidoT

GuidoT

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Despite your transgression, you seem to be a good person.

 

I would call it a day with Tesco and move on. They are making an example of you, as I would expect them to.

 

You would be surprised what good can come out of something that seems bad, i.e. your loss of job.

 

As difficult as it may be, try to remain positive.

If I have been helpful please click on my star and add a comment.

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Allwood

Allwood

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As far as I am aware your P45 will have tesco name on the part that you keep the employers one just has your tax reference number on it. I am sure there must be someone more qualified to help you with this.:mad:

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version302003

version302003

Posted
Posted
Not sure if this will work but why do you have to say that you worked before, you have a family and therefore that is a full time job. So if and when you get an interview why say that you worked for Tesco say that you were bring up a family. Do not know if this is legal or not but it is worth a try do not put your previous employer name on an application form for any job in the future.8)

 

I would think this is probably the worst and last thing Magic28 should do.

She does not want to get a job and then be looking over shoulder for her entire employment and if found out then be dismissed again.

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tezzah

tezzah

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Would an ET treat her the same. Have they followed the correct procedures etc, if they haven't she could have a claim. Whilst i don't condone theft etc they are still obliged to follow some basic procedures.

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Allwood

Allwood

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I cannot understand your reasoning version302003, does she not work again because her employer may not give her a reference, why should she keep looking over her shoulder, if she is doing a good job then her employer will have no needed to question her. She would not be telling lies on her application form only omitting her previous employers name from it.

 

However, as far as I am aware her previous employer cannot keep her from working again by continuously giving her a bad reference I think that is against the law but again I am not qualify on this. Have a word with a CAB about it.:roll:

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Allwood

Allwood

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But what about a reference that is her problem, she does not want to be seen as lying also.

 

I would have a word with a CAB and see what they have to say about getting a reference in her situation and the consequences of not getting a job becasue her employer will not give her one.:(

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version302003

version302003

Posted
Posted
Would an ET treat her the same. Have they followed the correct procedures etc, if they haven't she could have a claim. Whilst i don't condone theft etc they are still obliged to follow some basic procedures.

 

 

You are right in that there are statutory grievance procedures which must be observed, however an ET can not be won simply by an employer not observing them. The ET decides on the facts of the case and then if you win decide if you can receive extra amounts due to failure of not following the procedures. If you lose on the facts of the case then the employer will in truth get a slap on the hand unfortunately.

 

ie You can take your employer to ET due to unfair dismissal but you can not take them to ET soley for not following the statutory grievance procedures.

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version302003

version302003

Posted
Posted
I cannot understand your reasoning version302003, does she not work again because her employer may not give her a reference, why should she keep looking over her shoulder, if she is doing a good job then her employer will have no needed to question her. She would not be telling lies on her application form only omitting her previous employers name from it.

 

However, as far as I am aware her previous employer cannot keep her from working again by continuously giving her a bad reference I think that is against the law but again I am not qualify on this. Have a word with a CAB about it.:roll:

 

My reasoning is clear, it is wrong on such a serious issue to lie on applications and CV's. I donot condone lying.

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tezzah

tezzah

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Posted
You are right in that there are statutory grievance procedures which must be observed, however an ET can not be won simply by an employer not observing them. The ET decides on the facts of the case and then if you win decide if you can receive extra amounts due to failure of not following the procedures. If you lose on the facts of the case then the employer will in truth get a slap on the hand unfortunately.

 

ie You can take your employer to ET due to unfair dismissal but you can not take them to ET soley for not following the statutory grievance procedures.

 

Hi matey,

 

I am not looking at the grievance procedure, i'm looking at the dismissal process. Was she dismissed fairly, was a proper investigation carried out and so forth. I don't condone what she did however i have represented a few ex Tesco employees (all have settled the day before for some odd reason :D ) and they are notorious for not following procedures and being heavy handed.

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Allwood

Allwood

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Posted
My reasoning is clear, it is wrong on such a serious issue to lie on applications and CV's. I donot condone lying.

 

I suppose you are right but I fear that she will not be able to get further employment due to not being able to get a reference.

 

The only other thing I can think of is why not go self employed for a while and get work temporary. Or advertise what you are good at in a paper or a card in your local shop doing odd jobs for a while.

 

Also have a word at your job centre and see if they can help you regarding a reference. :evil:

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