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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Witholding Pay, P45 and Computer equipment


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Hi i was wondering if anyone could offer me some advice.

 

In November my employer turned up at my home at 8pm in the evening to hand me my notice this stated that i was not to return to work for this period. This was a huge shock as i had been at work all day as usual with no problems. They had given the reason that it just was not working out. At this point i was six months pregnant and they had just employed a foreign national to help out with my workload at a cheaper rate who i had trained for the last four weeks of my employment. So i feel that i was pushed out of my job for someone they could pay half my wage and before i took maternity leave. Since then i visited my employer to collect my property and was given some all items except a Hard Drive which i had lent to them whilst working there. I was told that they were unable to give this at the time i visited as they were still using it. they agreed to return this the following day. This never happened and now four months down the line i am still awaiting its return. Along with a months pay a couple of weeks holiday pay and my P45. Is there anything i can do to get my equipment back and my pay? I have tried contacting the police who have told me that it is a civil matter and am in a situation now where i am out of pocket thousands of pounds. Please if any one can give me some advice it would be much appreciated.

 

:?

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ok, how long had you ben working there for a start.

 

secondly, what is the exact reason for sacking you?, simply stating "its not working out" means nothing, there must be specific problems.

 

Id wager that their problem is your pregnancy, and they are trying to get out of paying maternity pay.

 

Have they given specific reasons for witholding your wages and P45?, as they are bound by law to provide these to you as soon as possible, and 4 months is not a reasonable amount of time for processing.

 

with holding your wgaes is also classed as an unlawful deduction as per section 13 of the employment rights act.

 

send them a formal grievance letter giving them 7 days to provide you with the following:-

 

A full, clear and consise account of why you were dismissed

Your outstanding wages

Your P45

Your hard drive.

 

State that if you do not hear back from them within this time, you will lodge for an employment tribunal and/or civil action to recover what they have.

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i had been there for 27 weeks, and the letter of notice they gave me said that they didn't think that i was fitting in with the company. I wrote a letter of grieviance in november to which they never replied. then i contacted ACAS and told them about the situation. wrote to them explaining what had happened and have not heard anything since.

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I have a bit of experience with employment matters having been a trade union rep in a previous job...

 

Firstly, you have been sacked. No question. This means you cannot use the normal grievance method. There is something called the "modified procedure" which is what you can use if your employment has ended. This gives your "employer" the opportunity to use the modified procedure:

 

Grievance procedures: the standard three-step procedure : Directgov - Employment

 

The two steps are:

 

  1. you send a written statement of grievance to your former employer
  2. your former employer writes back to you, answering the points you have raised

If you are not happy with the reply then you can seek redress via an employment tribunal which is, from my recent knowledge, a free process to undertake.

 

You only have 3 months from the date you were fired* to bring about this grievance letter so the quicker the better... you have to wait 28 days for a reply too.

 

You can, as an alternative to the stress you might face dealing directly with your old employer, speak to ACAS who use a mediation service which attempts to resolve your complaint. Find them here:

 

Acas - How can we help?

If you need any more help let me know... and keep us updated too!

 

*unless there is a genuine reason for not doing so

Edited by vjohn82
clarification on 3 month deadline
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thanks for that i have already written a letter of greviance on 25th November including all these points. I will however call ACAS again on monday. Thanks for the tip about the form will go to local CAB on monday too.

 

Am i too late? it has been just over three months since the event happened?

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