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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
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Chris2121

Unfair Dismissal - Please Help

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Hello,

 

Is anyone able to help me

 

I been sacked unfairly well i believe anyway i worked for a taxi firm badged by council to work for the taxi firm.

 

On the 9th and 10th November i give a ipod cover and few other things for ipod and psp to one of the children on the taxi as i had loads of them and he had an ipod and psp i was not asking for any cash value or anything in exchange but the council phoned my boss and issued a warning saying "if i did it again i would be sacked" well on this warning i took immediate action by taking 2 items back to correct what i had done and i requested a copy of the policy in which they claim i breached but did not supply one nor even respond to my request then on the 20th november 2009 they phoned my boss saying they want my badge back even though i had not given anything else and immediately took actions to correct it

 

I have also been informed that they had written a letter to my boss with i dont know what is in it but wont allow me to see it as they have marked it private and confidental i have a feeling its maybe slanderous

 

They have also accused me of saying stuff to other council workers about my work place that i have never said in my life as this is the only time i have actually contacted the council

 

So i been battling this case for my job back since the 20th november 2009 as i feel i been sacked unfairly as they say i disregarded the warning by requesting a true valid copy of the policy as i have never been supplied one and as far as im concerned i should have received a copy to read, agree to and sign on the dotted lines

 

As they claim i am bound by their policy yet it appears there is legal stuff stating if you do this or you do that you will be sacked from your job yet i am not entitled a copy as from requesting a copy they actually threatend to get their unions and lawyers on to me for harassment but i was just disputing my case

 

How can i be binding in to a policy that i have never read, agreed to or signed. i will not bind in any policy i have never read, agreed to nor signed.

 

My boss has not sacked me he has just suspended me but county council has sacked me i have contacted my local MP, Gordon Brown, ACAS, Employment tribunal, Solicitors but the only ones that have replied are

 

My local MP and solicitors and all others have just ignored me even know it was a simple mistake and i have agreed to abide by all rules if they supply the policy to me and give my job back

 

I even refused to give my job back because it had my identiity on it but the council solicitors said they would take legal actions against me if i did not hand it back to them immediately so i cut it up in to little bits and sent it back giving them a puzzle to do.

 

The council solicitors then said i should be contacting them and not the council staff directly yet i sent so many emails to the council solicitors and never replied so i emailed having ago and he then replied saying i received your emails and i will talk to the council on your emails

 

But if this dont work what else can i do :x

 

Any help thanks in advance

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The fact is i been doing this work since 2007 and they should have supplied me with a true valid copy of the policy when i first started (ie. when they issued my badge) but i never received anything other than my badge so i still do not know all the rules to its a simple mistake when no one tells the rules or hands you the rules :(

 

I just think its stupid how they acted on this i even contacted to apologise for my mistake but still wont give me my job even explained it all to them and wont even still give me my job back nor respond to me to resolve the issues

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Its difficult to understand the issues.

 

you say your boss has not scked you but the Council has. how can this be? do you work for the council or for your boss (who pays your wages?)

not sure what its about


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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Chris,

 

I take it you work for a company contracted to the council, and have done for 2 years?

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Please remember working for a company contracted to the council does not make you an employee of the council.


I am not a lawyer, so all my advice is provided on the basis that you will check them with a trained legal professional with legal insurance.:(

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