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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Nongki
      Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

      By Nongki · Posted

      I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • MotherofDragons76
      Carparksecurities Northgate, Halifax, Former Dews Car PArk HX1 1XJ

      By MotherofDragons76 · Posted

      I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • lookinforinfo
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By lookinforinfo · Posted

      It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Nicky Boy
      VCS SpyCar PCN now Claim Form - No Stopping - Bristol Airport

      By Nicky Boy · Posted

      Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
    • nat8808
      Lowell/Overdales claimform - Old Capital one cap1 card debt

      By nat8808 · Posted

      Thank you for relying so quickly! That is what I had concluded was the reality of the situation.. I'm still waiting for the call within my time slot.. I will try to fill this thread with more info, find original letters and show the docs of the pack I was sent, a pack with no real covering letter to show what it was in response to or from whom..

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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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      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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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FullyBANKcharged
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FullyBANKcharged

FullyBANKcharged

Posted
Posted

Hi, a few weeks ago I was late for work by 4 hours due to unavoidable traansport problems. (First time Ive been over 10minutes late)

 

When I came into work the next day, I was told my reasons were not good enough and was suspended on full pay. I have to go into work for an investigation at some point, and was just wondering if anyone here had any idea if this could be classed as Gross Misconduct?

Illegitimi non carborundum.

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FullyBANKcharged

FullyBANKcharged

Posted
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Thanks so much for the prompt reply Elpulpo!

 

1:11 Months

2:No

3:None realy, it was a Sunday so we werent that busy at all. They could have coped quite well without me.

4:Yes they have, it tells me when the investigation is and that they may decide to discipline me.

Illegitimi non carborundum.

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elpulpo

elpulpo

Posted
Posted
Thanks so much for the prompt reply Elpulpo!

 

1:11 Months

2:No

3:None realy, it was a Sunday so we werent that busy at all. They could have coped quite well without me.

4:Yes they have, it tells me when the investigation is and that they may decide to discipline me.

Thanks for answering the questions! So often people just go off on one.:)

 

Were you late due to the weather/public transport?

What size is the company? Standard disciplinary/performance rules?

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FullyBANKcharged

FullyBANKcharged

Posted
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Posted

A combination of weather and public transport. However my manager has spoken to the transport depot who said everything was running normally. They havent replied to my email asking why I didnt see a bus yet.

 

It's a very large branded company, but it is a franchise with about 70 people. It's very nearly retail work, so it's pretty standard rules.

Illegitimi non carborundum.

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Uncertain

Uncertain

Posted
Posted

Assuming for the moment your company are being fair and not trying to "downsize" on the cheap.....

 

Can you obtain any independent proof of the transport delays (local newspaper report for example). In other words prove you didn't just get up four hours late! Providing you made a reasonable effort to get there on time there should be no further issue.

 

Sadly, as you have worked there for less than a year your protection is limited.

 

Is there any reason to believe they are generally unhappy with your performance and are simply looking for specific point?

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

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elpulpo

elpulpo

Posted
Posted
Assuming for the moment your company are being fair and not trying to "downsize" on the cheap.....

 

Can you obtain any independent proof of the transport delays (local newspaper report for example). In other words prove you didn't just get up four hours late! Providing you made a reasonable effort to get there on time there should be no further issue.

 

Sadly, as you have worked there for less than a year your protection is limited.

 

Is there any reason to believe they are generally unhappy with your performance and are simply looking for specific point?

Just what I was going to say.

It'd be disproportionate for them to dismiss. Hard to fight under 12 months service.

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FullyBANKcharged

FullyBANKcharged

Posted
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Posted

Theyve just sponsored me on a degree, so I dont think theyre looking to get rid of me. The bus apparently takes a different route on Sunday so that was why I was late. I was unfamiliar with the area/bus route on Sunday so stood expecting a bus for some time.

Illegitimi non carborundum.

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honeybee13

honeybee13

Posted
Posted

Forgive me if I'm being obtuse and I don't mean I disagree with your case, but how did the transport problems mean you were 4 hours late please? And did you ring in on the day to say things were going badly?

 

Just trying to understand. My best.

Illegitimi non carborundum

 

 

 

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honeybee13

honeybee13

Posted
Posted

FBC, re-reading your first post, you say you've been off for some weeks now? And you don't have a date for a meeting yet? It sounds quite long to me, although others on this forum know more than I do. Does the firm have a disciplinary procedure and do you have a copy?

Illegitimi non carborundum

 

 

 

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madari

madari

Posted
Posted

Hi,

Being late for work dismissals are very had to defend.

 

You can show that you are the best worker in the ,but there is no excuse for a bad time keeper[even if you are a few minutes late]

 

At the end of the day the business comes first and foremost in the eyes of any court of law.

 

If you are fired then i suggest you put this down to experiance.

 

Good luck.

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Feebee_71

Feebee_71

Posted
Posted

Was this the first time you had to travel to work by public transport on a sunday?

 

You say the bus takes a different route on sundays, how significantly different - is it a couple of roads different or enough that you would need to use an additional bus to get the the altered route? Also, was this change of route a new thing?

 

Answers may not help but you never know what helps,

 

Feebee_71

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FullyBANKcharged

FullyBANKcharged

Posted
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Hey, the bus-route was drastically different and I hadnt caught the bus on a Sunday before. Had my disciplinary earlier today. Formal warning and told to do better in future. They were quite pleasant about the whole thing realy. I'm sorry I was vague, but I know a couple of co-workers inhabit these forums.

 

Many thanks for all your help guys. I'm sorry if I hindered you with a lack of info.

 

Thankd again. You were all a realy great help :-)

Illegitimi non carborundum.

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honeybee13

honeybee13

Posted
Posted

I'm pleased for you, FBC. Chalk it up to experience and try to take advice or check bus routes at the weekend if you're in that situation again. Do you have colleagues who live near you and know about buses or trains, if they apply? They might even give you a lift. :)

 

Move on with your life and your degree now. My best.

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Illegitimi non carborundum

 

 

 

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