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    • I've got some suggestions re Bizspace but can you fill in the sticky please.
    • 1 Date of the infringement 14th April 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17th April 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 20th April 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? ANPR photos of vehicle in and out (although as they were taken at night they don’t show much). 6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up  N 7 Who is the parking company? MET Parking 8. Where exactly [carpark name and town] Southgate Park, Stansted CM24 1PY For either option, does it say which appeals body they operate under. Independent Appeals Service POPLA  - BPA Logo is on NTK If you have received any other correspondence, please mention it here. N/A Hi, As keeper, I have received a PNC from MET Parking over the vehicle being parked in the infamous Stansted Starbucks/Mcdonald’s car park(s). The vehicle was parked outside Starbucks (at night, when it was closed) and the driver went into Mcdonalds. However, the driver wishes to appeal due to the poor and misleading unlit signage, and believes that this PNC is unfair. I am sure you are aware of this company/car park, and I would appreciate any advice on this matter. Kind regards PNC 14.04.2024.pdf
    • The PCN is one of the more compliant that I have seen. however it still fails. There is no period of parking mentioned as required by paragraph 9[2][a] . ANPR cameras only capture the arrival an departure times. It does not record the times you drove from the entrance to the parking place and then from the parking spot to the exit. That means that if you are the keeper then you are not liable to pay the PCN. Only the driver is so do not appeal as you may reveal who was actually driving.if you were not the keeper then as long as the driver is not identified CE will have difficulty on that fact alone. The majority of people with valid motor insurance are allowed to drive your car  and Courts do not accept tha that the driver and the keeper are the same person. On top of that your car was trespassing there since you didn't have a Permit and only the land owner can pursue you not the monkey they employ. The signage is prohibitory in that only permit holders can park there so no contract can be formed. The signage is new apparently so there must be some time allowance for motorists to adjust to the new signs which could mean that  they shouldn't even be issuing you with a PCN. For all those reasons I wouldn't be too much in a hurry to pay them a penny. And well done on posting up the PCN and that sign so quickly. 
    • Dear CAG Team   Given the above, and not knowing what the actual account name is, I will haver to stick with that same name but the Bailiff said that once the variation is done there wont be an issue getting the money off him. What i cannot get my head around is when i set up a new payee, if the name doesn't match the account name my bank wont allow the transfer. So how is it that it authorised and allowed the transfer? Also, given the dealer broike trading standard rules and tried to sell me a death trap, then keep my deposit, why is his bank and mine protecting him by not disclosing his account name or at least making a charge back as i first attempted?   Many thanks
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Bank Holidays - Do I Have to Work? - ** accurate as of November 2015 **


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The subject of Bank Holiday working and the question of whether an employee is entitled to time off work on a Bank Holiday occurs frequently

Bank Holidays have no special status in employment law. There is no automatic right to a paid day off work, and whether you benefit or not will depend on your contract of employment rather than any legal right. An employer is only legally obliged to give an employee the minimum statutory paid holiday entitlement each year. Currently this amounts to 5.6 weeks holiday (or 28 days in the case of an employee working five days a week), and importantly this can include Bank Holidays. A contract of employment can give you more than this entitlement, but not less.

 

As to whether you are required to work on Bank Holidays will depend on your contract. You may, for example have a contract which specifies that you are not required to work on normal Bank Holidays (of which there are eight), and if this is the case then it is perfectly in order for the employer to not recognise an 'extra' Bank Holiday as a day off for staff, particularly where the business will operate as normal on that day. If however your contract is less specific and does not require you to work on Bank Holidays (ie without specifying whether these are the 'normal' Bank Holidays or 'special' ones), then you might reasonably expect not to have to work on that day. Sadly if you do have to work, then the employer is not obliged to pay you more money, or give you time off in lieu, unless again, there is a clause in the contract which specifies enhanced pay or compensatory time off for working on a Bank Holiday.

 

It is also worth remembering that a contract need not necessarily be in writing, as depending what is 'the norm' for the organisation, an entitlement can be built up through Custom and Practice, or by what entitlements are given to other staff in the organisation.

 

The starting point in answering the inevitable 'can they do this' question will always be the terms in the contract, or what is customary for the business in the absence of a specific clause. A good employer will discuss the matter with the workforce so that everybody knows what is happening, and who is affected.

 

The following sites have some useful information relating to Bank Holidays:-

 

http://www.direct.gov.uk/en/Governmentcitizensandrights/LivingintheUK/DG_073741

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

http://www.adviceguide.org.uk/index/life/employment/faq_index_employment/faq_employment_entitlement_to_bank_holidays.htm

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

 

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Nice stuff SW.

 

ACAS has (or indeed had as right this minute it doesn't see to be working!) some specific guidance on this 'extra royal bank holiday' this year.

 

http://www.acas.org.uk/index.aspx?articleid=3197

 

From what I recall when I read it, I for a nice change, agreed with ACAS and they basically made the point you make above;

 

i.e. it is basically a contractual matter, as the underlying legal right, the WTR will not be amended, and will still say 28 days for qualifying worker in one complete holiday year.

 

I see the argument as being the following - (in theroy);

 

a) What is the contractual definition of a BH for the purposes of MY contract of employment (written or otherwise), then,

 

b) Does the Government 'declaration' of the extra day (unsure how this has been made is this via delegated legislation or merely a Governmental 'aspiration'??); more likely the later me thinks; mean that such 'extra day' falls within the definition of a BH in your contract.

 

e.g. if your HR dep't were lazy and contract just said, "20 days per year + each BH' then I can see the argument that it should be given if it is within the contractual definition of a, 'BH' - especially when contra proferentum is applied. But;

 

c) assuming the above applies and boss says NO. Are you willing to push for this in the current economic climate?

 

d) even if you got it the next argument would be to look at what the exact wording of the contract is as regards payment of this 'special' BH holiday; as, again, this will be a BH outside the WTR - could it be even unpaid ???? an open question not a statement.

 

Surely in reality most ER's will be sensible? To avoid problems and bad publicity from Royalist media outlets they will give the day.

 

Be interesting to see if a substantial number of ET claims are made as a result?

 

Watch this space I suppose.

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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  • 3 weeks later...

i have signed a contract at work which entitles me to have 20 days paid holiday and bank holidays....it doesnt state eight bank holidays now this week my boss has said we have to work with no extra incentive ie day in leiu or extra cash is this right?myself and eight others are in the same boat!

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In that case your employer should have taken action to notify a variation of contract when the extra Bank Holiday was announced.

 

How far are you prepared to upset your boss? You need to raise a grievance and point out that your contract would seem to indicate that next Friday should be a paid day off and asking for an assurance that in the absence of compensatory pay that you will receive an additional day's leave at a later date.

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  • 8 months later...

my employer has stated i do not have 'enough' hours to have bank holiday entitlement, despite my contract stating i have 8 paid hols, i work 39 hour week and have been told my hours are part time, some day shift, some night shift? but it is all complusary, i.e no option, so why cant i take my bank holidays, xmas day, boxing day and new years day (rota system so take in lieu)??

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 11 months later...

queens diamond jubilee holiday-- my company added a days annual leave to everybody, great except that around half the workforce work shifts so really cant have a day added. can they give out extra holiday to office staff and hourly paid workers but not give the salaried/shiftworkers anything?

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