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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
    • That doesn't look like clacton ... Former Brexit Party leader Nigel Farage buys coastal home in Lydd-on-Sea WWW.KENTONLINE.CO.UK Former Brexit Party leader Nigel Farage bought a coastal home in the county, it has been reported.  
    • It's not a private road.  It's a small public street (with Resi houses) that leads into and from public road/ highway. The garages have land in front of the doors.  Then there's a yellow line. So there's a clear marker on what is private and what is public.  These people keep parking on the private land side
    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
    • I may try cheap plastic bollards (traffic cones) first just to see if they get moved.  I will look into the cost of fixed bollards.
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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.

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      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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