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    • Autocorrect typo. For “ admission instructive settlement" read "administrative settlement"
    • No such thing as bailiffs in the north anymore. HMRC have certain statutory powers, but obviously, they don't apply here. The legislation is much like the rest of the UK: MB either chases the debt themselves or sells it (or a %age) to a DCA. The DCA has no more rights than the original creditor had. They have to apply for a collection judgment against you through the Enforcement of Judgements Office. Hence @lolerz blunt point that
    • This is the full appeal & response :    You reported that you were the registered keeper but is not prepared to state who was driving at the time the parking charge was issued. You reported that you are being held liable for the parking charge.         You completed the appeal on 09/02/2023 18:19:20. Upon arriving at the shopping centre The driver attempted to park in the disabled bay, which at the time was encroached by another vehicle already parked well outside of their bay, not displaying a badge. Due to the nature of the visit, the driver was required to park promptly and exit the vehicle, whilst displaying the blue disabled badge. Upon appealing, apparently the only thing that matters in this case is the sign post stating the parking bays must be adhered to at all times. Without any recognition for the fact the driver was physically not able to park elsewhere & correctly displayed their blue parking badge     The operator made their Prima Facie Case on 16/02/2023 15:02:06.   The Operator Reported That... The appellant was the driver. The appellant was the keeper. The operator is seeking keeper liability in accordance with PoFA.. ANPR/CCTV was used. The Notice to Keeper was sent on 15/12/2022. A response was received from the Notice to Keeper. The ticket was issued on 09/12/2022. The Notice to Keeper (ANPR) was sent in accordance with PoFA. The charge is based in Contract.   The Operator Made The Following Comments... The vehicle was not parked fully within the confines of a marked parking bay whilst parked in one of the carpark that we manage. Signage displayed throughout the site states "Vehicles to be parked within the confines of a marked parking bay". As the vehicle was in breach of the terms and conditions that are stated on the contractual signage throughout the site, a Parking Charge was issued.  As stated in the NGP initial appeal:  Arrived on site with a disabled passenger & as is visible in photo, we were unable to park in the disabled bay due to the other vehicle in the photo encroaching the disabled bay, meaning my passenger could not physically get out of the vehicle if we had parked between the marked lines. Please see photo for proof of blue badge & photo of parking on the day. Blue badge was displayed whilst parked.  >> We would just like to clarify that upon receiving their appeal, we reviewed the CCTV footage from the date in question and at no point did a passenger leave the vehicle nor is the keeper mentioning these facts to this IAS appeal.  We note that during the appeal process that we were provided with a disabled badge, but not the full badge showing whose badge this belongs to. Nevertheless the driver failed to correctly park within confines of the bay.  However for the IAS adjudicators viewing only we have attached a file titled "PCN 400786" This file shows the events that occurred with the driver on this date.  Please see file titled "Malpas Road Shopping Park" which shows what the signage looks like onsite.  Please see the file titled "Vehicle Location" which shows where the vehicle was parked and where the signage was located near by.         I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them. A number of images, including a site map have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site.  The signage at this site makes it clear that parking is on private land and that vehicles must be parked wholly within the confines of a marked parking bay and that a failure to comply with that term and condition will result in the issuing of a Parking Charge Notice. I can see from the photographs provided that the Appellant was not parked within the confines of a marked bay, which the Appellant accepts. Whilst I appreciate the circumstances raised by the Appellant, mitigating/extenuating circumstances cannot be taken into account. Simply by parking outside of a marked bay the Appellant breached the displayed terms and conditions and as such I am satisfied that the PCN was correctly issued on this occasion. I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed.  Currently appealed 400786 Issued on 09/12/2022 by New Generation Parking Management Ltd to vehicle registration Originally rejected by operator on 02/02/2023
    • First of all, I'm not sure why you want to given 30 days to do the repair. It is excessive. I have the sense that you feel that you have to be reasonable in order to gain the approval of the court if that's the way it goes. You certainly should be reasonable but 30 days is excessive. Frankly I don't think that you should get the vehicle repaired by Cinch. They have undermined confidence. They have been notified of your quotation and the cause of the problem and they either haven't responded or they have declined to help. You have no way of knowing that if they are allowed to touch your vehicle, that they will do a quality job. I would suggest that the best thing to do is to get the vehicle repaired and then send them the bill. One them that this is what is going to happen and that if they don't pay you within seven days of receiving the bill then you will sue them. So I would book the car in for repairs on a date about 10 days from now. I would then inform Cinch in a letter of claim that the car is now booked in on XXX date. They have already had the inspection report in the estimate for repairs. You're paying the bill and seven days after that if they haven't reimburse you against the bill which you will submit to them, you will have them without any further notice. This will give them about 14 days to respond with the payment. You will have your car repaired and if they refuse – which they probably will – then you issue the claim papers without any more mucking around. If this appeals to you then draft a letter of claim which expresses this plan. Book the car in tomorrow for the work. Once you know the date then jiggle the dates of your letter around so that Cinch have 14 days before you sue them
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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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Relegated to a lesser role.


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I started working for a company >2years ago, and at that time was one of the first in the door of the new office. I did what was asked of me, and had to travel a bit and help transition work into this new office. Since then, there have been a number of new people added to the team on a higher grade than me. There is also a new management structure in the office which was not there when I started work, and I now have a new line manager.

I no longer get to do any of the transition work or travelling to customers sites as that now gets done by the people on the higher grade.

I feel that I have now been relegated to a lesser role.

 

Do I have any recourse in any way to rectify this.

The new line manager knows my feelings, but does not seem to care.

 

Thank you.

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Are you missing on some things?... training?, bonuses?, advantages, which other colleagues would get and not you?...

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Are you missing on some things?... training?, bonuses?, advantages, which other colleagues would get and not you?...

 

Well, I would say that getting todo transition of services and first contact is an advantage I am not getting.

 

I would aslo say that a job has come up but because I did not get the training that others got in my team, I could apply for it, but would not meet the pre-requisites, so others have an advantage over me here also.

 

Thanks for replying.

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Were you entitled to get that training? Would have that training been part of a natural progression?

Edited by Bigredbus
Grammar

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Your other colleagues have been to that training... you are on the same level as they are (?)... they get training and not you...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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I am just trying to understand if you have been discriminated against...

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***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Well, I have got training but I have not got the training That they got for the new job that has magically appeared.

 

I have had training in other things that other peope in my grade have not had training for. The training I got was on the business critical training plan.

 

But it is more the first comment I made above that I am trying to determine if there's anything I can do.

 

Thanks again for reading.

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Maybe you would be better to arrange a meeting with perhaps someone more senior than your line manager - if as you say they dont care - you could then ask senior management why you have been passed over, they have a duty to tell you why you've been passed over and what you can do to ensure that it doesn't happen to you again. You would then also be able to ask why they've come into a new job on a higher grade than you.

 

We have a similar problem where I work we are taking on a lot of new staff some of whom are coming into a job they have never done before but are now over people who have worked for the company for quite a while and it does cause a bit of friction. These new people also have never worked in this industry before and are now telling others how to do the job they've been doing for a long time.

 

DG

I have no legal training my knowledge comes from my personal life experiences

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