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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      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.  

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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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