Jump to content


  • Tweets

  • Posts

    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Steam is still needed in many industries, but much of it is still made with fossil fuels.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5060 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I am new to this site as stumbled across it while desperately looking for some advice on what to do regarding a situation that is litterally 'doing my head in ' at work. I have been with a well known DIY company for 2 years now when they opened a new store. I started part-time stacking shelves but ended up after 9 months being promoted to supervisor. I loved my job, it was a real pleasure to go to work, we had a great store manager and a close management team, my views counted and I felt valued.

 

It all changed at Christmas when the store manager moved on and our new manager who was also new to the business arrived. At the same time we lost 10 people through down sizing, including 2 people from my team. We restructured and like most company's got on with it.

 

But this managers inadequecy soon showed, his lack of understanding or williness to listen meant my department was under pressure to get 100% put away of stock, I went to him and voiced my worries around avalability on the shelf and the fact there was so much stock in the yard we would have to turn away a delivery for the first time ever. He didn't listen, we were physically and mentally tired and frustrated. I ended up signed off work with depression.

 

On returning I asked for more communication and support, I was on a rollercoaster ride with my emotions, I got neither and ended up having anxiety attacks at moments of frustration. I was told that my behavour was 'unprofessional' as I was having these attacks in front of my team. I explained that I could not help it, it was the depression and I just wanted some support.

 

Then he demanded a change in working hours, finishing an hour later at 11pm, we agreed though we weren't happy. The first day of this new shift he took away my only other fulltimer and main forklifter to support another department, the first thing I knew was when he told the whole team, I could not respond. I had another attack in frustration. He promised support, it did not arrive, I questioned this he said I was taking him too litterally and being un professional.

 

I ended up taking another day off because I was so down. I went back and again at my return to work interview stated I needed support.

 

The manager has now called another meeting and stated that he believes I am not fit to do my job because of my behavours. I explained this was down to my depression and the stress and frustration I feel I'm under because of lack of understanding and support. He says that it still is not acceptable. I am still able to do my job and lead my team physically, though with one man down still we are tired and when the tiredness creeps in I do get stressed. I have a meeting with him next Tuesday when he says he will make a decision one way or other. Help.....I am so down and worried I don't know what to do.

Edited by mushroom in the dark
Link to post
Share on other sites

Hello there and welcome to CAG.

 

First of all, try to relax, you've come to a good place. I'm so sorry you're going through all this, it sounds horrendous to me, and especially after you've been off work with depression, stress etc.

 

Is this manager playing it by the book, do you think? With any company, especially a large one, there should be procedures laid down in your employee handbook, for instance. Do you have a copy at all?

 

Do you have an HR department and have they been involved?

 

I think you have so many questions that your post will take some dissecting and I was about to sign off for the night when I saw it.

 

There aren't many employment people around this evening, could be they like football, but people should be around soon.

 

I don't know if you like doing your own research, but you could have a look at the ACAS and directgov websites, because they have a lot of information on employment problems.

 

Could I ask one other thing please, because I'm not in the first flush of youth? I don't know about other caggers on the forum :). Is there any chance you could edit your post into a few paragraphs so it's easier to read please? I've done my best tonight, but it's hard to concentrate when it's just solid text. If you look at the bottom right hand corner of your post, you have the edit button.

 

HB x

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi there, I'm sorry to hear you are having this problem at work, it's completely unacceptable and your manager should be dealing with the situation much better than he is - he is aware of you're suffering stress and should not be adding to it.

 

When you say he will make a decision at your next meeting - what decision does he think he can make? Do you have an HR department and a copy of the company policies ? (they're usually contained within the company handbook if there is one).

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi, thanks for your kind wishes. Yes my HR is involved and although she is supposed to remain impartial she seems to be taking his side and her attitude to me has changed.

 

I have an old copy of the company handbook, but it has been updated so I need to get hold of a new one.

 

Just waiting to see if anything happens tomorrow and ultimately my meeting on Tuesday.

Link to post
Share on other sites

Zazen, I'm glad to see you qualified your statement with the "average" HR person. As an HR manager in a large manufacturing company I can assure you I am not a management tool and will support any employee who is quite clearly not being treated fairly. It doesn't always go down well with the management, but that's the way I work! Please don't tar us all with the same brush.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hmmm

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

In my experience. HR are people are a special people, without integrity and paid to support the management, notes of meetings biase, inaccurate - where it suits the management. I would never trust a HR person and do not know how some of them can sleep at night.

Link to post
Share on other sites

In my experience. HR are people are a special people, without integrity and paid to support the management, notes of meetings biase, inaccurate - where it suits the management. I would never trust a HR person and do not know how some of them can sleep at night.

 

Then it is a little rich to come to an employment forum and ask for help from such untrustworthy people about problems you are having at work n'est pas? Many of them can't sleep at night because they are helping on here, possibly? :confused:

 

At least you qualified your opinion with "...in my experience...", perhaps that experience has been limited to rogues so far....

 

A good HR person, although yes, they are paid by the employer, is recruited not to always side with the management, but in fact to challenge them. A poor company with poor HR will always face unecessary costs and poor productivity. The HR role is far more to do with developing correct procedures and a good workplace in order to avoid many of the issues which we see here all too often.

 

Edited by Sidewinder

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

OUCH!

I stumbled across this site on Friday and have been back and forth ever since. The advice and comments given are extremely valuable and interesting however; as an HR Manager I feel I must defend our profession and support Ell-enn!

 

HR Managers (should) work hard to prevent the issue below ever happening and whilst we work hard to facilitate the Company’s need this is done by ensuring all employees are treated fairly and procedures are in place and then followed!

 

soniczed & zazen.warrior; you have obviously had bad experiences... my meetings (with permission) are recorded with a disc being handed over with the typed up copy. They are never released until all parties have signed them, no I would not be able to sleep at night if I had falsified them...

Link to post
Share on other sites

Hello esjay, nice to see you and welcome. You, Ell-enn and Sidewinder sound like lovely caring professionals.

 

I hope I can see both sides of the debate here. I've worked in companies where HR were impartial and professional for the majority of my working life. However, when I was being bullied, HR were either being bullied themselves or colluding with the culture. Whenever I tried to enlist the help of HR, my query went straight back to my line manager, the bully, so I had no way out.

 

My OH and I have a couple of friends who have experienced similar problems. I don't mean to say that all HR people are bad, far from it, but sadly the profession does have mavericks in it and some of us suffer because of that.

 

HB

Edited by honeybee13
typo

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Hi Honeybee!

Of course I can see both sides of the debate.... I am HR! :).

 

Thank you for your welcome, and thank you to all on here that have given me another source of valuble information to which I hope I can add at some point.

S-J

Link to post
Share on other sites

Mushroom in the dark, also start thinking about why you have become ill, and who has caused your illness. Whilst you are still in the workplace discreetly gather together all paperwork that you can regarding all the times you have asked for help. Get your hands on anything at all.

 

And then go and tell your doctor you fear you have suffered some sort of psychiatric injury (write down what has happened and what your symptoms are - this is useful for your GP) and get yourself signed off.

 

Please stop saying you are depressed - better by far to be suffering from work related stress! Trust me.

 

I hope you get this sorted out quickly, but my advice is for you in case it goes the other way!

Link to post
Share on other sites

Thanks for the advice guys, I really didn't mean to open a can of worms were HR s are concerned!! Had my meeting on Tuesday and it really was a bit of a non-event. Managers attitude has totally changed, I thought my god has the penny finally dropped??

Was called to a 'First Steps' meeting yesterday out of the blue where I am now being accused of harassing and bullying a member of my team. I have now been suspended while they gather further evidence!!

Things just keep getting better...........................

Link to post
Share on other sites

Hi there, no harm in a lively debate! I hope we didn't clog up your thread too much.

 

Remind me what First Steps is please? Would it be some kind of back to work [bTW] thing?

 

Well, you need to start gathering evidence yourself. There are quite a few threads on here if you have time to read them, people with similar problems.

 

You need your employment contact, disciplinary procedures etc, then have a look at ACAS and directgov if you haven't already. Don't forget the ACAS helpline, if you want to talk it over.

 

Do you think your colleagues would be willing to help you, sign statements for example?

 

And before you go to this meeting, what paperwork are they going to provide you with, do you know?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

HR are not impartial they are there to facilitate whatever the employer wants to do; they are not neutral and they are not there for the employees.

 

If need be they will, lie, deceive, cheat and sign their name to complete works of fiction and call them minutes.

 

But to be forearmed with this information is an advantage of sorts, a lot of us did not realise until later how nasty and completely without morals the average HR person is.

I am so grateful for this post as this is the experience I have had, personally. And I have to say that this is precisely how the HR in my last company behaved after 7 long years working there.

 

I was the foolish few who believed that the HR is there for the common person who has shown nothing but commitment and achieved a lot of success for the company and who had done nothing wrong. But then comes an inexperienced manager, wanting to downsize and re-structure the area. This inexperienced manager lies, cheats and sacks staff. HR finally stepped in and also did all they could to

" ... lie, deceive, cheat and sign their name to complete works of fiction and call them minutes".

 

Ell-enn, all I can say is if only there were more HR pople like you. But the reality is, from my own experience, friends, stories etc, that there isn't. And another example is my BIL, who also found himself to be fazed out of his company because the HR listened to the manager who had it in for him rather then looking at the merits of the case.

 

 

mushroom in the dark, I am sorry to read that you have now been suspended. Let them do their investigation and in the meantime I know it's easier said then done but try not to worry. It looks like your manager has decided to get rid of you because you challenged him when he clearly doesn't know how to do his job. Keep strong and whatever the outcome, fight it all the way.

Edited by dx_
Link to post
Share on other sites

I have reached the stage where I actually feel quite sorry for those concerned because to behave like that they must have been extremely frightened of something themselves. :-|

Yes but how much sleep have they lost over it? My guess, none. ;-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...