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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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Facing disciplinary action for being innocent


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The meeting didn't actually take place, it got postponed.

 

They didn't copy his signature, they just signed his name at the bottom of a handwritten piece of paper. It didn't even look like his signature.

 

The search part of his contract says exactly what I wrote, nothing about a stop and search policy or anything, but I've got to read his handbook to make sure. And the first time he got searched, it was the supervisor who searched him and his belongings thoroughly, because she said he HAD to be searched, even though I thought it couldn't be the person who was the accuser??? And the last time, the search was done by a bloke he works in the kitchen with

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The meeting didn't actually take place, it got postponed.

 

They didn't copy his signature, they just signed his name at the bottom of a handwritten piece of paper. It didn't even look like his signature.

 

The search part of his contract says exactly what I wrote, nothing about a stop and search policy or anything, but I've got to read his handbook to make sure. And the first time he got searched, it was the supervisor who searched him and his belongings thoroughly, because she said he HAD to be searched, even though I thought it couldn't be the person who was the accuser??? And the last time, the search was done by a bloke he works in the kitchen with

 

That counts If it was just his name at the bottom of a peice of paper they would have typed and printed the statement they were trying to pass that off as his and if you hadnt picked up that it wasnt his they would have more than likely written something in the notes of the meeting "shown copy of statement signed by defendant"

 

seriously some companies are THAT devious!

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This is getting interesting by the post (if I may say)...

 

a) he gets searched, first time, by his supervisor... she is a woman!

 

b) they just signed/wrote his name on a hand-written 'piece of paper' and call it a statement SIGNED by your son...

 

c) and the third time around the 'bloke' from the kitchen search him!

 

You want to check that handbook of employment...

 

You want to request copy, or copies of the statement(s) granting them right to search by your son, along with a true and signed copy, or copies of the 'stop and search' form(s) filled in by supervisor/manager...

 

This is absolutely unbelievable... but I must admit that I am not shocked...

---Aut viam inveniam aut faciam---

 

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I'm really in two minds whether or not to contact the police about this myself, because what the girl we spoke to informally today said, is that after the hearing, the decision is hers, but from her attitude, she's saying that he's guilty already.

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If you can... go to an employment lawyer/solicitor... ACAS and/or CAB...

 

You MUST gather all of the evidence first, if at all possible...

---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 dont also believe you can be searched by your accuser either? In this case the woman.

 

Im off to check the stop and search proceedures for my company but i believe they are government issued i.e government guidance with a few extra items added on company headed paper. so they should be the same but you wont find that out till you get all the docs through.

 

I believe your accuser has the right to be present however i dont think they can search you themselves.

 

WRT the fact that she is a lady searching a man that is quite a problem in itself.

 

Did you ask if the theft had been reported to the police whilst you were there?

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May I ask if the place he works at is part of a chain?

---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 told the manager to phone the police if he thought my son was guilty and ge said they wouldn't come as there is no CCTV so according to him there is no proof.

 

The chain he works for, according to their website, is the 2nd biggest restaurant chain in the country

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You should inform the HR department, at the Head-Office, of what is going on at that branch...

 

I am pretty sure they would act upon your detailed letter very fast...

---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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It's worth a try. I phoned them yesterday to ask what their policy was regarding searches and they said, after going to find a handbook, that in the case of missing cash, then a more thorough search could be done. They didn't however say that it could be done more than once

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I told the manager to phone the police if he thought my son was guilty and ge said they wouldn't come as there is no CCTV so according to him there is no proof.

 

The chain he works for, according to their website, is the 2nd biggest restaurant chain in the country

 

Hope that is in the transcript of the interview as if he believes there is no proof WTF are they still doing harrassing your son!

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Inform them of the 3 searches... one by a woman (his supervisor), forged your son's signature, forged an instrument with intent to use (the erm... statement)... that money has gone missing... and nothing has been found in any of your son's belongings or on his person...

---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***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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