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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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    • 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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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employment tribunal advice please


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Hi,

 

In laymans terms judge Mummery [a leading circuit judge at the time]decided and came to a decision in the Selkent v moore case, which set a presedence where hardship is balanced with injustice.

 

And the above case is used as a yardstick in all ET decisions.

 

In otherwords you have got to base your`e argument around what hardship[in law] you would suffer if they were to allow your employers late response and also the injustice you would suffer if the ET were to allow their late response,and vice-versa.

 

I hope you get the drift,In the Selkent case Mr Moore was not going to suffer any hardship for his appeal failing as he already had a case for unfair dimissal and thats why he lost his appeal.

 

I hope you understand what i am trying to say.

 

Good luck.

Edited by madari
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  • 4 weeks later...

hi again everyone, well i had my pre hearing monday as it turned out i didnt need to bother about trying to get the late response thrown out. The judge said he was going to allow it but then said to the respondant that means that i have two claims that they must defend ,.he went on to tell them to settle as any of my points could succede at the constuctive dissmissal and it looked as though i had been unfairly dissmissed anyway.

 

What a releif ,without doubt the most stressful experience in my life.

 

The only thing was he listed the case for next may, the other side wanted a one day case but the judge said its a three day case.

 

I have a question that im wondering if anybody knows the answer.

 

Im wondering the likely date they will settle ? will it be around next april or as the other side got told off by the court will they settle quicker rather later?

 

Many thanks for all the help previously.

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Hi,

 

Looks good, In answer to your question they may settle sooner rather than later.

 

But my guess is,if they are going to settle,( dont forget a three day trial is more costlier than a one day hearing)they will settle on the day of the hearing in May,which is in the legal field known as `Brinksmanship`.

 

That way it has a twofold effect, one,you are kept on your toes and under undue stress, two,and heaven forbid, you may have died come May,and they get off scott free.

 

These are all tricks of the trade so keep battling........ onwards and upwards.

 

Good luck.

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Thanks maderi and neil conflicting advice lol but i know what you both mean. I had to stop myself from asking the respondant solicitor in the court to settle there and then !

 

What i was thinking was say they were going to drag it out with brinkmanship etc that would mean more expense to comply with the case management orders so my first thought was they would settle early then i thought of my ex boss someone who used to pay on the last possible day in the month and a bit of a ruthless dictator type so its possibly depending on who makes the final decision. Its an insurance policy cover with employment consultants that they have!

 

The best thing i can do is pray lol

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It would make sense for them to settle early however don't bank on it. It seems that you have a very good case.

 

Madari does seem at times to not give very good advice on here IMHO

 

My Advice is based on personal experiance, whats yours based on,personnal insult`s ?????

 

Please do tell...lol

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My Advice is based on personal experiance, whats yours based on,personnal insult`s ?????

 

Please do tell...lol

 

 

Question for you, have you an ET case going on now?

 

You give out alot of mis-leading info on this threads and you are still doing it.

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Neil if you think any particular advice is mis-leading you must say why you think that.

Simply stating that advice is wrong just creates arguments on a thread and the op gets no help.

 

Will do, but I have had dealings with that poster before.

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Question for you, have you an ET case going on now?

 

You give out alot of mis-leading info on this threads and you are still doing it.

 

 

Whats the problem neil, Royal Mail giving you a hard time are they????

 

If you think my advice is misleading then noone is asking you for your opinion or comments on my educated advice.[or are they?]

 

I am sure you are of the opinion that i have connections with your ex employer,hence the nasty comments.

 

You are wrong.

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Whats the problem neil, Royal Mail giving you a hard time are they????

 

If you think my advice is misleading then noone is asking you for your opinion or comments on my educated advice.[or are they?]

 

I am sure you are of the opinion that i have connections with your ex employer,hence the nasty comments.

 

You are wrong.

 

 

I will leave people to judge your posts themselves.

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Hi again honeybee,

 

Thanks for intervening and calming down the argument lol. I feel as though I dont have the willpower to fight them if they do take things to next may.

 

Its just crazy, my employer sacks me with an unsigned undated letter, doesnt follow the three step procedure that was in force last feb when they sacked me ( I was told this was the legal minimum requirement by solicitor ) , then their representitives miss a deadline to respond.

 

We get to the court ,the judge tells them off ,tells them that I was prevented from returning to work and the respondants representitive even admits in front of the judge my employer prevented me from returning because " I had anoyed them" and he was appologising etc.

 

Straight after the hearing the respondants solicitor asked me about settlement, I told him what I wanted ( a quarter of my shedule of loss) and a reference and still he was unhelpfull. my parting shot was when he said he would be in touch i said "BET ITS AROUND NEXT APRIL"

 

my understanding is that even if it was next april or may they are within their rights and if say I did settle withut going to court that settlment could not be enforced by this new fast track system which is in place to enforce employment tribunal orders it can only be used to enforce actual orders made by the tribunal.

 

If my understanding is correct I would dearly love to force them to an early decision one way or the other.

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Sorry, I don't know the answer to whether you can force the issue, but someone will.

 

I can understand it's very draining and you probably want to move on with your life. The day will come, I expect, when the matter is resolved in your own mind one way or another.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 1 year later...

Hi davuck, like you I am in the middle of filling in the form for a Case Management Discussion Agenda and I have been in tears with it. I am stressed out to start with, bringing my claims to Tribunal, and this form must have been designed for only Corporate Lawyers to understand. I have come to the same conclusion as you, fill it in to the best of my ability. I'm lucky in the way that I have a Union representing me and they will get a copy of this form, and suggest changes if necessary. But the whole business is really stressful, and I wish it was over. Good luck with your case.

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I told him what I wanted ( a quarter of my shedule of loss) and a reference

 

Hi Davuk,

 

I haven't read the whole tread, but if your schedule is realistic, AND your claim has merit, I would have thought 25% + an agreed reference is a good offer for them?

 

Was there any pre-claim conciliation with ACAS ; and if so, why not ring the conciliator, and ask him / her to contact R and formally offer this?

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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