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    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
    • Lawrence Stroll, executive chairman of Aston Martin, told the BBC he wants to build a firm with a "luxury profile". View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi there,

I work in a small supermarket and have been doing so for the past 2 years as a supervisor.

Our opening hours are 7am - 11pm and as a supervisor i run the store 5 days a week either working 5.30am - 3pm or 2.30pm - 11pm.

I feel dead on my feet and im making stupid mistakes because im just so tired due to the hours that ive been having to work last week/this week.

Last week my worked shifts were:

Sunday 2.30pm - 11pm

Monday Off

Tuesday Off

Wednesday 5.30am - 3pm

Thursday 5.30am - 3pm

Friday 2.30pm - 11pm

Saturday 5.30am - 11pm (had to work a double as no management cover available to relieve me)

 

This week:

Sunday 2.30pm - 11pm

Monday 5.30am - 3pm

Tuesday 2.30pm - 11pm

Wednesday Off

Thursday 5.30am - 3pm

Friday Off

Saturday 5.30am - 3pm

 

I only get paid for 39 hours no matter how many hours a week i work which i think is totally wrong, but the main thing that is bothering me is the working till 11pm and then having to be back at work the next day at 5.30am, it seems to happen to me all the time and ive told my boss i just cant do it as im just so tired but he doesnt seem to be bothered by it as "he can do it"

The full day on Saturday was unavoidable as the supervisor who was due to relieve me had to take her husband to hospital as hed been assaulted at another one of our stores and had got a fratured eye socket, but im annoyed and find it had to believe that there was no one out there that could have come from another one of our shops to relieve me.

My area manager phoned me mid afternoon on saturday to ask if i was doing the double shift and i told him i was, maybe because im scared of the repercussions on me if id refused (im being trained for a promotion and didnt know if that would go against me)

I just dont know what to do tbh, i emailed my union USDAW but im still waiting for a reply.

Im just so tired and cranky and my home life is suffering, for instance i saw my son for an hour on friday before he went to school, i didnt see him again till sunday lunchtime when i woke up.

Does anyone have any ideas about what my rights are or any ideas on how to approach my manager?

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just found this ,hope it helps.

 

maybe you should have a chat to acas aswell.,just to clarify,

 

Most adult workers have the following rights:

  • the right to a break where the working day is longer than six hours;
  • a guaranteed rest period of 11 hours every working day;
  • a guaranteed rest period of 24 hours once in every seven days;
  • a ceiling of 48 hours on the maximum average working week;
  • a ceiling on night work of an average of 8 hours in every 24;
  • a free health assessment for all night workers with a possibility to transfer to day work (where it is available) if working at night is damaging a worker's health; and
  • the right to four weeks annual leave.

 

 

However, the law is unduly complicated and there are quiet a few variations.

  • The weekly limit on working time is an average. You can work more than 48 hours in a week as long as your average hours don’t exceed 48. The average is worked out in different ways for different groups of workers, and the workforce as a whole can agree to change the way it’s worked out.
  • You can sign an individual opt-out and lose the protection of the weekly limit, but you can reverse your opt out at any time and regain your rights. The notice period for this cannot be more than three months. There is no opt out from the 48 hour average weekly limit on nightwork or any of the other provisions.

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I thought the rest period from a late to an early had to be 11 hours under the WTD. I'm not suprised you're tired bless you.

Poppynurse :)

 

If my comments have been helpful please click my scales!!!!

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As well as the above, how much are you being paid? As from today the adult rate for the national minimum wage is £5.73 per hour. Adding all your hours together do you receive at least this every week? Even if you are 'salaried' this cannot be an exception to the rule or in this case the law!

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For more info on you're rights as an employee visit the acas.org.uk

This will cover all your rights regards the working time directive, and your entitlement to rest breaks, days off etc.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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