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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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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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#Employment : I am unable to continue working


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I am a waitress in a very fast pace restaurant and on the go all day.. I am no Spring chick at 54 and recently have been struggling to keep up.

I have always waited tables and never had problems other than the normal aching feet at the end of the day...However,

I have recently been diagnosed with Plantar facititis i think i have developed this because of the Bunion i have and walking to the side of my foot to ease the pain........ Plus i have Big Toe Arthritis in both toes :(

 

I now have pain like you wouldnt believe...By the end of the shift i am in tears and struggle to get home.

 

My Gp told me to rest and take time off until the condition is under control (he said it would become chronic if i kept walking on it)but i have continued to work and not told them what the problem is because they dont pay sick pay and i dont think they would be too happy with me taking time off at their busiest time of the year....

I have a 8 hour shift tomorrow and the same on sunday and i cant even put weight on my heel even as i sit here typing......

Would i get ESA if i took time out to get better and would they keep my job open for me...

Edited by lottiesnan
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Well, You'll certainly be entitled to SSP. How long have you worked for your employer?

Whether your employer keeps your job open for you depends on a lot of factors. Obviously, if you've worked there a long time and you just need a couple of weeks to sort this problem out, then it would be unreasonable of them to dismiss you.

That's not to say that an employer can't fairly dismiss an employee for being off sick. If the employee is absent for a significant period of time, with, say, no prospect of returning, then providing the employer acts consistantly they can fairly dismiss.

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If you were to apply for ESA, you'd have to supply fit notes. You wouldn't be sanctioned if you left your job and claimed ESA.

 

Please note: I am not suggesting you leave your job and claim ESA. It may be better to claim SSP.

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I have worked for my employer for 3 months this time...have done a few 3 and 6 month contracts over the years during busy periods....

It says in my contract they will not pay sickness benefit ...When i asked my gp how long would this take to get better he was non committal 6 weeks minimum to several months was all he would say:0

I would look for something else more suitable but we all know how unlikey i would be to find something .... Thankyou for replies

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All it says in my contract is "you will not be paid for any absense due to sickness"

 

Hi Lottiesnan. That sounds as if they don't have a sick pay scheme, unless you can find something about it under a different heading. I agree with Elpulpo, they have an obligation to pay SSP. You could check that on the directgov website.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi Lottiesnan

 

I am sorry about your pain!

 

Your entitlement to SSP will also rely on your earnings, from 11th April 2011 your earnings must average £102 per week - this will be calculated using your last 8 weeks earnings. There are other rules to satisfy but most people satisfy the rules.

 

An employer is able to 'opt' out of paying SSP but only if they have an occupational sick pay scheme in place that pays at least the amount that would be received under the SSP scheme.

 

Suziebear is quite right your employer should give you a form SSP1 or their own equivalent if you do not qualify - you should then be able to claim ESA.

 

Lottie x

 

Oh and BTW the current rate of SSP is £81.60

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I worked the Saturday shift and took the sunday off to rest the feet.....Monday was my day off anyway and i went to hospital for cortisone injection .......So will go back to work to day and hope for the best... (The management can get a little "funny" when your off sick and i dont want the silent treatment":0

 

Apparently i have shifted my way of walking to accommadate a very painful bunion and this has caused the Inflammation of the Fascia....

I t was suggestted i get the bunion operated on but.........I wont get this on the NHS i would have to go privatly???? And i should visit regularly a private chiropadist to help with the pain??

What planet are these people on i am on minimum wages and a big chunk of my income goes on the fares to get there...Still thats another post :)

Thankyou for advise guys fingers crossed the injection works ;)

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  • 2 weeks later...

My work day finishs at 3pm ..Thus enabling me to catch my bus at 25 past the hour...The bus company has now changed this to one an hour at 52 minutes to the hour....So where would i stand if i asked to leave at 20 to the hour so i dont miss this bus to get me home. Its far to far to walk .If i miss it i would have an hour wait till the next one and i have to pick my grand daughter up from school so need to catch this bus..I have only been at the job for a few months ... And i signed a contract that states my hours but was unaware that the public transport situation would change ....... Thanks in advance

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You are kind of stuck here, as the bus company have effectively put you in a very awkward position. You can always ask to change your working hours, and explain why, but the employer is perfectly entitled to turn the request down.

 

How critical is it that you pick your granddaughter up, and how long have you been working there? I ask, only because the right to request flexible working MAY be extended to include you if you have 'parental responsibility' for a child under 17, and providing that you have worked for 26 weeks in this period of employment, that might be worth a try.

 

Would it be possible to 'shift' the hours so that you started earlier in order to finish earlier and would that have a major impact on the work that you do?

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Thankyou for your reply...My grand daughter is 11.I meet her en route.... She could walk home on her own but having some problems with her behaviour and knowing where she is after school is a my way of keeping a firm hold on her..(if thats possible) I have only worked on this contract for around 4 months..But worked for the company before as a weekend worker.I am still on a 3 month probation period:(I thought about making up the hours and coming in on an earlier bus but again the same applies.... One an hour so i arrive at work on time....I am in the restaurant trade and i fear the manager will argue that i am asking to leave during the lunchtime rush hour...In fairness by 3 it is winding down but that varies from day to day....... All i can do is ask and if i am told no then maybe i should look for another job !

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I agree. Set out your case to the employer and see what the response is.

 

I wish you luck - there have been a couple of similar cases recently where people who are desperate to work have had the rug pulled by the local transport companies, and it has even been suggested that getting the local MP onside might be worthwhile.

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

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

 

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