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    • I'm after some advice before I fill in and return the section 172 "request for driver name and address".  I am the registered keeper of the vehicle stated . The alleged offence (Exceeding variable Motorway speed limit 68mph in a 60mph zone) was committed on 29/07/2020, the NIP is dated 31/07/2020.  On Wednesday the 29th July 2020 a friend and I were driving for a much needed break from South Wales to spend a few days in Yorkshire, we shared the driving for the 4.5 hour journey at just over an hour at a time each.  My problem is this, 1.I have no idea of the location or recollection of the place to which the police refer (M1 Northbound Duckmanton Derbyshire?)  and 2. I cannot say with any accuracy which of us were the driver at that particular time.  I have a clean driving licence and am usually very speed aware using the cruise control at most times. an offence for a mere 8mph on a motorway with everything that is going on at the moment seems extremely harsh IMO.   I would much appreciate if anyone could offer help / advice at what I should do next? Many thanks  🙁
    • Hello just asking,? I purchased a discount new cooker as it had cosmetic damage, paid £250 After a few days I noticed the fan never went off, I contacted the company and they finally collected the cooker and took it away, ( for 7 days) And fixed it,   It never seamt right? It steamed up in the clock panel and the oven door was mis-lined It had multiple dints in the sides Top panel missing on the door to stop food dropping in, Shelving didn’t fit well Then main fan started to rattle and tap   I put up with all this as it was *discounted Then one day whilst cooking we could smell a funny smell Turns out the wires had melted on the back of cooker I contacted the company again and it took a lot of phone calls to try and get the problem dealt with, speaking to several different staff....I wanted a refund or replacement I had had the cooker 6 months just! I asked for a refund or replacement    I contacted trading standards and citizens advice and they advised me what steps to take! Finally the company offered to replace the cooker, then later changed! As they explained that nothing came in to replace it they were too damaged! ( been told they buy at auction damaged) They wanted to look at the cooker and inspect the damage themselves, so I agreed they collected the cooker, No update, or communication I had to constantly chase them up Nothing was sorted out with 7 days we had no cooker, I threatened Trading standards were now involved Last thing on a Friday in June they rang to say I can collect the cooker it’s fixed!!!! I had expressed all along I didn’t feel safe using this cooker anymore with my family I didn’t want this cooker fixing again ( by whom) They started to blame me and said I should be grateful they aren’t charging me for the repair!   Still today in August this is not resolved  Trading standards have been useless  Citizens advice have told me to take them to small claims court!???? I have had to purchase another cooker  As I’ve been left without one.   I am in a vulnerable situation in life, Im a carer for my husband and have children and have no one to help me sort this mess out! I am struggling with making the county court claim ? What shall I do?   ( sorry for long message) ✨
    • The committee's report is pretty damning, isn't it? The Home Office refused to supply the scientific evidence it said its decisions were based on and you can possibly see Demonic's hand in this - he has form for ignoring select committees.
    • and that facts start to come out 'Inexplicable' failure to quarantine travellers to the UK made pandemic 'far worse', say MPs UK ‘almost unique’ in rejecting border checks in crucial March period – without scientific basis – as hundreds of infected passengers arrived every day   https://www.independent.co.uk/news/uk/politics/coronavirus-uk-quarantine-travel-cases-deaths-covid-a9653451.html   "Strikingly, it says the Home Office refused to set out any scientific advice to explain the “grave error”, despite repeatedly promising to do so – a stance attacked as “completely unacceptable”."   So even aside from not testing in any way people who returned: "Yvette Cooper, the committee’s chair, said the critical mistake was the decision on 13 March – 10 days before lockdown – “to remove all self-isolation guidance for travellers arriving in the UK”."   "The MPs also pour scorn on the Home Office’s argument that 99.9 per cent of arrivals are obeying requirements to quarantine for two weeks, finally introduced in June. They describe the claim, made by home secretary Priti Patel as “unreliable”, because it appeared to be based only a limited number of compliance checks made and three fines issued."       So not only did Johnsons cronies NOT make any efforts whatsoever to test people returning, and NOT properly check people were self isolating, they actually stopped telling returnees to self isolate for 10 days before the country was locked down as the number of epidemic infections exploded.   Wonder why?   "The committee’s inquiry heard that, in the crucial 10 days between scrapping isolation guidance and the lockdown, up to 10,000 infected people arrived."  
    • You can pay on the day of travel or by midnight the next charging day..   Appeal to TfL on the grounds that you have already paid within the allowed time and enclose proof of payment.
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
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    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
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I was made dismissed earlier this month, it wasn't really that fair, but I have no grounds to stand on due to the length of employment was just under 3 months.

 

What is more angry is that they have withheld my last month's wage, not letting me know before the pay day, only to find out on the pay day itself.

 

My job title was e-commerce coordinator. They wrote to me in the end to say the reason they are withholding my salary is because they are investigating a serious of incidents which "may" involved me accessing their website and made changes to their business and in a result they suffered substantial financial loss.

 

Now my feeling is that something has gone wrong and they are left with a gut feeling it was something to do with me.

 

However, they quoted in their letter a term from the staff handbook, which says...

 

"In case where the company has suffered a loss of money, stock or other goods that is found to be attributable to you, the company reserves the right to deduct the equivalent money or value of these goods from any outstanding salary due"

 

Now my argument is, currently they are saying that I "may" be involved, so that is not "found" to be?

 

So do they really have the right to hold my salary, when they have no evidence to confirm it is me while the investigation is still in progress, as stated in their letter.

 

Thanks

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By withholding your salary they have already assumed that you are guilty as charged.

"In case where the company has suffered a loss of money, stock or other goods that is found to be attributable to you,....."

 

Surely this does not give them the right to withhold monies in advance of something being attributable to you.

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But they have provided no evidence to confirm this, also in the letter they said an internal investigation is still in progress, and salary has temporarily held until the completion of this investigation... that is why they used the words "you may" in their letter when mentioned those incidents.

 

if they are still investigating, then they do not know for sure who this person might be. Therefore, they have no right to withhold my wages, right?

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No, certainly not, they have no right to withhold your salary, It there is a problem, then they can deal with it in their own time and advise you of it.

 

If the staff handbook say, if it is 'FOUND' therefore it has not been found as yet and they are accusing you without evidence been available to them.

How long have you been with the company and were you paid in advance or in arrears when you first stated with them.

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Thanks Allwood, I thought so, but I am getting mixed feedback from people, so unsure which is right.

 

I have been with them for 3 months, they are like many UK companies, pays all employees at the end of of every month they have worked for. So in arrears.

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I am not sure who to go to now, whether to seek advice from a private lawyer or go to CAB

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CAB, or a lawyer will inevitably give you the same advice. The contract, whilst you have agreed that in the event of being guilty of causing financial loss you may have outstanding salary witheld, is not sufficiently watertight to enable them to do this until it has been proved - there is no clause enabling them to withold the money whilst under investigation. Therefore, the failure to pay your wages on the due date may represent an unlawful deduction contrary to Section 13 of the Employment Rights Act 1996. You may demand payment of your wages, and instigate County Court of Employment Tribunal action in order to recover them should they refuse.

 

If they could not conclude the investigation prior to dismissal, then they should pay you as normal and sue for damages in the event that there is sufficient proof of wrongdoing in order to recover the salary.


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CAB, or a lawyer will inevitably give you the same advice. The contract, whilst you have agreed that in the event of being guilty of causing financial loss you may have outstanding salary witheld, is not sufficiently watertight to enable them to do this until it has been proved - there is no clause enabling them to withold the money whilst under investigation. Therefore, the failure to pay your wages on the due date may represent an unlawful deduction contrary to Section 13 of the Employment Rights Act 1996. You may demand payment of your wages, and instigate County Court of Employment Tribunal action in order to recover them should they refuse.

 

If they could not conclude the investigation prior to dismissal, then they should pay you as normal and sue for damages in the event that there is sufficient proof of wrongdoing in order to recover the salary.

 

Thanks for the info.

 

FYI - The dismissal and the withholding my salary are two separate issues, they are suggesting the incidents of breaching their website security occurred after I left the company.

 

But still like you said, without proof, they have no right to hold the salary during the investigation.

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