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    • Again, don't worry, the defence is really only intended to stop the other side winning by default.  The "meat" of your case is the Witness Statement. We'll have a good read through what you have prepared today and suggest some tweaks. We need to see what UKPC have put in their WS.
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    • own thread created for this debt. is the address for the date of takeout correct on the paploc reply return agreement copy the rest is std rubble all dca's return with no DN i see. dx
    • Here's the defence - this was submitted before finding this site.  Worried that it is too different from the witness statement in terms of grounds.  will it be OK? Parking appeal UK CAR PARKS defense redacted.pdf
    • Normally Preliminary Hearings or as they were called Case Management Hearings are usually to set directions after allocation if from the particulars of claim or defence are unclear that it requires a hearing for the judge to determine and set directions for the claim to proceed.(N157) So he may direct what is to be disclosed for trial or whether the claimant must further validate their claim....it wont be a he said she said hearing of who did what.   Andy  
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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.

      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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Disciplinary hearing for Alcohol misuse - NHS

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Hi, I am looking for some advice regarding a personal matter at work. After an investigatory meeting, the recommendations today stated that I will be going through disciplinary procedures. Here is what happened briefly: I work in the NHS, on a 12 months contract:


The incident (2 months ago):

I had been in my job for 2 months. I worked one day whilst under the influence of 1/2 a bottle of wine, but not in contact with any patients, I was in my office and attended a meeting with staff, that is all I did that day. No one noticed I was tipsy. I drank at lunch time and then realised that alcohol may become an addiction (as previously has been, described below). So when my boss came into work about 1pm that day, I immediately spoke to him and told him id drunk alcohol at work. He then told me he had to take me home, and disciplinary investigations would start.



Last year:

I was diagnosed with major depression last year (at present still taking anti-depressants, but feel like I am recovering, although not recovered). My boss knew about this, but employed me anyway and supported me. I had an alcohol addiction in my previous job last year, and they were going to put me through disciplinary, but I resigned before this.



At present:

I am absolutely scared about losing my job, as it could lead to a dismissal. I have NOT been suspended, so still attending work normally, but being kept a close eye on. I found out today, that now I am officially under disciplinary procedures, and waiting for my hearing date. This is for gross misconduct, under influence of alcohol that day and for not being able to do my workly duties that day. [i did tell the commisionning manager, that this in over-exaggeration of the incident, but I do know it is serious, although feel its all grown out of porportion]. Since the incident, I have not touched alcohol and worked to the best of my ability and been praised, unfortunately that does not count. Also immediately after the incident, I have been seeing a counsellor, but that appears to not have worked on my side either].



What I want to know is, what are my rights? In case worse comes to worse, and I get a dismissal, is there any chance this could be an unfair case against me? I have remorsed it, as well as, helped myself, and producing good pieces of work, I have depression - do I have any disability rights?


Please advise. Thanks.


Bubbly x

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Refer yourself to Occupational Health asap, ask for help with the depression and the addiction. Also see your GP if you haven't already. This will help firmly shift this situation towards a health issue rather than a disciplinary one. What is your job within the NHS, as this may have a large impact on the proceedings.

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Thanks for your reply.


The day I drank alcohol at work, I referred myself to a counsellor, I have been to Occu Health twice since. What should I say to my GP? My work place do know I am recovering from depression and have been on antidepressants for 9months now, and still on them. Work also know I have been seeing a counsellor on a weekly basis, so it feels like even though I am getting help, it is still going against me.


My job in the NHS is as a Clinical Psychologist. Btw - I did not see any patients on the day I drank alcohol and havent been allowed since.

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I am fit enough, as I am recovering from depression and feel fine everyday, and my GP thinks im fit enough, so does my line manager. It is only this recent incident that has knocked me abit.

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