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    • 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.
    • 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.    
    • 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. 
    • 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.
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Suspended pending investigation thats already happened ?


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Hi,

 

They probably have more evidence than just a witness statement, you will be able to see this at the ET.

 

You can call her as a witness, but as she does not work for the company anymore good luck in finding her.

 

You would have to disclose her as your witness to your employer before the ET hearing.

 

Regards

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Would i be able to call her as a witness ?

 

Why on earth would you want to call a witness who you know has lied about this both on the phone and in writing?

Do you have reason to believe that she would change her story to your benefit?

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It's quite clear she would not be my witness, i want to be able to question her in relation to what is in her witness statement, there are things which i believe she would have forgoten which i can prove to help discredit her as a witness.

 

The company have made no referance to anything other than 1 witness statement, If they still have the CCTV i have continually requested then great that will disprove the witness statement hopefully so job done which is why i think they wont ever release it.

 

Shes easy to find, lives about 20 minutes away from me.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Would i be able to call her as a witness ?

 

Why on earth would you want to call a witness who you know has lied about this both on the phone and in writing?

Do you have reason to believe that she would change her story to your benefit?

 

No but i have reason to believe that i can prove she has lied, could i not request that shes present instead of the alleged witness statement as i believe should i ever get to see it that it will be factually incorrect and believe that i should be able to prove this.

 

I also feel that should she be called as a witness she may tell the truth due to her being screwed over by the company as in she did not get the promotion she was told she would (allegedly)

Edited by majik
forgot part

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Hi,

 

I would strongly advise against contacting her yourself, it could be seen as aggressive and threatning, due to things in her witness statement.

 

I would definetly not call her as a witness, say if she has not forgotten ? it will make your case a lot worse.

 

Are you representing yourself in the ET ?

 

Regards

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Yes i will be representing myself or have my OH represent me as i get nervous if im bombarded with things and he is better under pressure etc.

 

I have no intention of contacting her but i know people who she knows etc.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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From what i have been informed she hasn't left yet but is leaving this month, the company have been informed and she is working her notice.

 

She wont stay unless the sack my replacement which would then leave them in more trouble as my replacement would issue ET without a doubt.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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I have no intention of contacting her as i just told you.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Look at it this way; if they have dismissed you for allegation 4 based on the evidence of this one employee then the Company should produce this witness themselves at the Tribunal.

 

If she no longer works for them she could refuse to co-operate or she could say to the Company that she felt they pressured her to say what she did.

 

If the Company fails to provde her as a witness it makes them look bad.

 

However, if you force her to appear then she will continue to lie and back up the Company's 'reasonable belief'.

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Hi,

 

The best advice is to state nothing but facts and have lots of evidence, do not get personnal.

 

But be very wary, the company have probably had a team of solicitors, staff and management all working on there defence, so they will be very well prepared.

 

Just make sure that you are as well.

 

Regards

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Hi,

 

What evidence do you have to prove that she is lying ?

 

Is it concrete proof ?

 

Regards

 

Its enough to provide doubt if not prove shes lied.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Look at it this way; if they have dismissed you for allegation 4 based on the evidence of this one employee then the Company should produce this witness themselves at the Tribunal.

 

If she no longer works for them she could refuse to co-operate or she could say to the Company that she felt they pressured her to say what she did.

 

If the Company fails to provde her as a witness it makes them look bad.

 

However, if you force her to appear then she will continue to lie and back up the Company's 'reasonable belief'.

 

Thats what im hoping for, im hoping they call her as a witness and she either refuses or once i have seen the witness statement can prove she has lied etc.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Hi,

 

The best advice is to state nothing but facts and have lots of evidence, do not get personnal.

 

But be very wary, the company have probably had a team of solicitors, staff and management all working on there defence, so they will be very well prepared.

 

Just make sure that you are as well.

 

Regards

 

My defense will be 100% factual and also if the witness statement reads like i think it does i can pull it to pieces and ask why x wasn't done and why company procedure wasn't followed and i hopefully can argue that things weren't done because it didn't happen how witness statement states etc.

 

Hopefully this week or next i will get the defense/ET3 and can go from there, ET have advised me to give other side 7 days to release evidence i need and if they dont to apply for court order making them release it. Would the judge look badly on me for taking that route ? i dont wanna make myself look bad but i also need to make sure i have all evidence needed to defend myself and to clear my name.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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If you get the opportunity before the hearing Majik, I'd strongly recommend that you take a day or two and visit your local ET. Sit in on a few hearings. If you ask the ET, they should let you know when a similar case to you own (ie. unfair dismissal) is to be heard.

It often helps to give you some perspective as to how hearings run.

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If you get the opportunity before the hearing Majik, I'd strongly recommend that you take a day or two and visit your local ET. Sit in on a few hearings. If you ask the ET, they should let you know when a similar case to you own (ie. unfair dismissal) is to be heard.

It often helps to give you some perspective as to how hearings run.

 

My OH is intending too, as we do not have their defense as of yet i think the ET will be a while off.

 

Does anyone know if OH will be able to represent me ? i just dont wanna do it myself, i know i will feel under pressure and will make a silly mistake or something like that.

 

Do i have to fill in a form or anything giving OH permission to represent me ? Hes not legal or anything just someone that can hadles a bit of pressure lol.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Hi,

 

when did you tell the company you was taking them to ET ?

 

Was it after the appeal hearing ?

 

Have you asked the company for any compensation prior to the appeal hearing ?

 

Regards

 

I was asked at the appeal meeting what i wanted, i informed them that i wanted my notice period and loss of earning (a few weeks)

 

I informed that at the appeal that i was aware i was able to take it to ET if needed, just after the above was asked.

 

I have informed the company that i am open to offers in relation to the above request and was told they were not prepared to enter into any negoiations with me in regards to this matter.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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No it doesn't i was advised my OH union to state im open to offers in order to minimise the overall cost that may be involved for the company.

 

The monetry value of my claim is very small in all honesty and if i win the full amount claimed it would still not put me back into the same position as i was before i was dismissed.

 

The dismissal has made me very ill and im still not 100%

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Not that i remember

 

I also have it in writting from the company that telephone calls do not count as proof which i found very interesting considering i was dismissed based on a telephone call lol.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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