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    • So I just found a couple abandoned traffic cones locally by some bins.   A bit squished but free!  So have placed them on the land.  Will wait to see if the cones get moved and signs ignored again this week before I consider rocks/ boulders.
    • 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 the 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. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before 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.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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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.
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      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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Disciplinary Hearing


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'No letter through email and no idea if it is written or not. Mind games? Bah!

 

Given I have had a meeting with minutes taken is it too late to introduce new evidence and how do I broach the subject?'

 

I've been on this thread from early on and have followed it. I may be tired tonight, but what new evidence do you mean please?

 

And the boss who seemed matey, is he part of the problem?

 

HB

Illegitimi non carborundum

 

 

 

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The history of trying to break systems is in your favour, it means that your actions are less likely to have been dishonest. Can you get someone to support you in that, or is your manager aware of it?

 

Honmeybee>> The evidence I was querying was in response to the above on having someone support my playing with systems to test and see what they can do.

 

No response again today and wondering if I can get to 7 days without word and the hearing being nulled if I am reading ACAS correctly.

 

Regards

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It seems that this is a total over-reaction.

 

The truth of the matter is that your company's computer system is primarily at fault if it allows employees to cancel their own leave. Only line managers should have the pre-requisite authority to do this. You were merely exploring the full functionality of the system, which most curious minded individuals would do at some point or another....it's the "what happens if I press this button" mentality.

 

Did you have comprehensive training on the system and were you aware of the fact that you could cancel past leave. Do you have any training documentation?

 

I would certainly be making the point that you were not aware that the system allowed you to cancel past leave (whether taken or not) and would also be challenging why the company did not have a more secure system in place to prevent employees making adjustments in error when checking leave that has been taken.

 

As a result of the company's failure, you have been subject to undue stress for which they are largely culpable.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Interesting points, Welshmam. How do they know that other people haven't found this error on the system and taken extra holidays at a cost to the company and fellow employees?

 

As for getting into trouble for pressing every available button and seeing where it leads, my OH wouldn't have a job if people applied that!

 

HB

Illegitimi non carborundum

 

 

 

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Cheers as always and an update.

 

Met with the manager this afternoon whom did not beat around the bush and passed his verdict and what is happening -

 

I will be receiving a formal first warning which will remain on file for 12 months rather than 6 months due to it severity and I will be sent on a Code of Conduct course through work.

 

I assume this would class as a disciplinary to the same degree as a final written or misconduct charge should a marking scheme for redundancies arise (possible as work in construction).

 

Will wait for the letter for better particulars.

 

Thanks guys :)

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Cheers as always and an update.

 

Met with the manager this afternoon whom did not beat around the bush and passed his verdict and what is happening -

 

I will be receiving a formal first warning which will remain on file for 12 months rather than 6 months due to it severity and I will be sent on a Code of Conduct course through work.

 

I assume this would class as a disciplinary to the same degree as a final written or misconduct charge should a marking scheme for redundancies arise (possible as work in construction).

 

Will wait for the letter for better particulars.

 

Thanks guys :)

 

Essentially, the disciplinary sanction you have been given is a first written warning which is to remain on your file for 12 months.

 

Just remember at the end of the 12 months to ensure this is removed as it's not something which is automatically carried out in a lot of organisations even though it should.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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It seems that this is a total over-reaction.

 

The truth of the matter is that your company's computer system is primarily at fault if it allows employees to cancel their own leave. Only line managers should have the pre-requisite authority to do this. You were merely exploring the full functionality of the system, which most curious minded individuals would do at some point or another....it's the "what happens if I press this button" mentality.

 

Did you have comprehensive training on the system and were you aware of the fact that you could cancel past leave. Do you have any training documentation?

 

I would certainly be making the point that you were not aware that the system allowed you to cancel past leave (whether taken or not) and would also be challenging why the company did not have a more secure system in place to prevent employees making adjustments in error when checking leave that has been taken.

 

As a result of the company's failure, you have been subject to undue stress for which they are largely culpable.

 

I disagree. The system is hardly at fault, when it had a security protocol in place to email the line manager for confirmation, before it was fully cancelled. I imagine this is identical to how the user books leave...

 

  • Employee logs onto system.
  • Chooses dates and confirms.
  • System emails manager.
  • Manager confirms/rejects leave accordingly.
  • Employee gets an email confirming response.

 

So I cannot see how the company is failing here, when the system is there to stop wrongful deletion of leave without authorisation - the OP was caught trying to do this action. The stress has been caused by the OP's actions - albeit without intent to 'defraud' the company.

 

Roj, I am glad that the company have realised that you were not trying to benefit from your exploration of the system.

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I disagree. The system is hardly at fault, when it had a security protocol in place to email the line manager for confirmation, before it was fully cancelled. I imagine this is identical to how the user books leave...

 

  • Employee logs onto system.
  • Chooses dates and confirms.
  • System emails manager.
  • Manager confirms/rejects leave accordingly.
  • Employee gets an email confirming response.

 

So I cannot see how the company is failing here, when the system is there to stop wrongful deletion of leave without authorisation - the OP was caught trying to do this action. The stress has been caused by the OP's actions - albeit without intent to 'defraud' the company.

 

Roj, I am glad that the company have realised that you were not trying to benefit from your exploration of the system.

 

Obviously we disagree Griffzilla and I respect your opinion.

 

Nonetheless, I feel compelled to reply even though the discussion is somewhat irrelevant, given the outcome. ;)

 

My view remains that the system is at fault as it permits unauthorised activity to occur which is essentially entrapment i.e. enticing someone to commit an offence which they would not ordinarily commit.

 

The booking of leave is not the issue, it is the crediting of leave which should only be done by an authorised individual, in much the same way, I imagine as leave entitlement is entered into the system at the beginning of every new leave year.

 

I'm sure if the company had a flaw in their financial system whereby employees could write their own salary cheques every month they'd soon fix it!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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I asked the question about an employee and manager being related or very good friends and the situation that in an agreement the employee could intentionally cancel holiday and have it authorised by the manager as a favour.

 

I think it struck a cord and no doubt my manager will investigate.

 

Thank you for walking with me and helping me to be calm and rational.

 

Kind regards

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