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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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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.

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

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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

Posted
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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

Posted
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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
Posted
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
Posted

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

Posted
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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

Posted
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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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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.

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Allwood

Allwood

Posted
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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

Posted
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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

Posted
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

Posted
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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