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    • 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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    • 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  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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redundancy - unfair dismissal + bullying/harrassment


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Apologies in advance if this is not clear.

 

I am the chair of a small charity which has recently enacted a redundancy due to lack of funding; correct procedure has been followed. The individual in question has appealed this decision citing unfair dismissal on the basis that suggestions put forward during consultation were not agreed to. In addition the individual has cited bullying and harassment by line manager. The period over which the alleged bullying occurred spans approx 6 months and during this time, the individual has not at any point raised a grievance or reported any concerns or issue to their Line Manager or the Board. There are some other factors, however I cannot share these in an open Forum, but suffice to say, the individual in question has made a number of false allegations and made representations externally to partners and stakeholders through friends and family. How do we deal with the appeal? Are the two elements ie unfair dismissal and allegations of bullying and harassment separate, or should they be treated as one and therefore addressed through the appeal process? If addressed separately, which should be addressed first.

 

Thank you

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A brief description of the nature of the charity of which you are chair may be helpful

 

To whom has the ex-employee appealed?

 

The appeal has been submitted to the Chairman of the Charity. The charity employs 8 full and par-time staff and supports people facing multiple disadvantages i.e. low level skills, learning disabilities, carers etc.

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Bemused43,

 

You say you are the chair.

 

Is the Chairman of the Charity a different individual?

 

Has a fair redundancy selection procedure been used, who made the selection, and why that individual out of the 8?

 

You also say you have a Line Manager, a Board, partners and stakeholders, and 8 employees.

 

Have you considered that you might be a tad 'top heavy', and tried making economies in that quarter? Especially since they don't appear capable of sorting out grievances or handling a redundancy situation.

Edited by CONCILLIATOR
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Thank you for your response Conciliator.

 

The board comprises 9 board members and myself as Chairman. We are all volunteers and do not draw any financial or other benefits from the charity.

The post selected for redundancy was in a 'unique pool of 1' and the corrects procedure was followed at all times.

The reason for this post being made redundant and not the others was because this post was not directly funded to provide care for the service users of the charity and all the other posts are of a specialist nature i.e. speech therapist, physiotherapist, learning mentor etc.

The post was administration based and with funding cutbacks the Manager and volunteers will absorb tasks.

Partners and stakeholders are people we take referrals from and signpost to i.e. hospitals, mental health unit, social services, schools etc.

7 staff are part time and work between 4 and 16 hours maximum each. The Manager works 30 hours.

 

Referring to my original question which was how to address the issue of the appeal, do you have any suggestions?

 

Regards

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If you are satisfied with the Line Manager's assurance that there was no bullying or harassment you could explain to the individual concerned that you have no other option but to let him/her go and that his grievances are just sour grapes and have no basis in fact. Invite the individual to provide conclusive evidence or else do his/her worst.

 

If you have followed the redundancy procedures, genuinely considered all the options, you are quite within your rights to act on your conclusions. Tribunals do not usually judge the wisdom or otherwise of a management decision, only whether the action is within the law.

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