Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Employer wants 3 years of salary back!!! - ** Case struck out **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4352 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks Gordies and Andy...now I might be too late becuiase whilst i was away the Allocation forms came for me and my wife and I have until the 25th May to get them back to Court. Does this mean i am too late for CPR 24.2 and CPR 3.4?

 

If i am OK with submitting them what sort of costs am i likely to incur?

Link to post
Share on other sites

  • Replies 83
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Nope..theres no hard and fast rule for SJ or Strike out, it just says it should be done (ideally !)before allocation to a track, apparently you should mention you are going to apply for SJ/SO on the allocation form (although bit confused here, as I read form actually had question asking whether you were going to apply for SJ, but the form I had didnt have this section), anyway..I sent off my allocation questionaire and then waited to see if court would do SJ or SO on its own inititaive (they have the power to do this for obviously hopeless claims....as your appears), anyway they didnt do it of own initiative so I put in application.

 

There was a delay in my case as it wasnt allocated straight away and there was due to be allocation hearing in June so my SJ/SO was still after allocatiopn questionaire but still before actual allocation.

 

So even if your AQ form like mine doesnt have question about SJ, it would be best to fill it in normally but add extra note that you will apply for SJ/SO..and then ideally make sure you ghet that application in before the nactual allocation (which make take a few weeks/months depending on how busy court is).

 

Andy

Link to post
Share on other sites

Guys, I have just re-read all of your advice and looked at what I have received. I better go over each of them to let you know what i now have and what my intentions are:

 

I have received the following:

1. Claim forms (me and my wife as seperate defendants but same claim numbers)

2. Claimants breakdown of their claim and their 'proof' - just a list of moinies they have paid me and my wife and what I have spent on company credit card over 3 years

3. Allocation questionnaire

 

I have completed the following:

1. Allocation questionnaire

2. N244 (Strike Out order)

 

So,

1. Do I send off the Allocation Questionnaire as instructed by 25th May?

2. Do I send off N244 before the Allocation Questionnaire?

3. What do I fill in for Summary Judgement?

 

Apologies in advance for being a bit thick on this but I see from your message Andy that ''.... easy to win becuase the other side ignored CPR 24.5 and didnt file evidence so Judge wasnt plaesed....''

 

However, ex employer has sent me 'evidence' and assume they will send same 'evidence' when they complete the allocation questionnaire. Or am I incorrect on my assumptions?

Link to post
Share on other sites

Nope..theres no hard and fast rule for SJ or Strike out, it just says it should be done (ideally !)before allocation to a track, apparently you should mention you are going to apply for SJ/SO on the allocation form (although bit confused here, as I read form actually had question asking whether you were going to apply for SJ, but the form I had didnt have this section), anyway..I sent off my allocation questionaire and then waited to see if court would do SJ or SO on its own inititaive (they have the power to do this for obviously hopeless claims....as your appears), anyway they didnt do it of own initiative so I put in application.

 

There was a delay in my case as it wasnt allocated straight away and there was due to be allocation hearing in June so my SJ/SO was still after allocatiopn questionaire but still before actual allocation.

 

So even if your AQ form like mine doesnt have question about SJ, it would be best to fill it in normally but add extra note that you will apply for SJ/SO..and then ideally make sure you ghet that application in before the nactual allocation (which make take a few weeks/months depending on how busy court is).

 

Andy

 

OK i got it Andy, I think! Complete the AQ and add in that I am applying SJ/SO and send it back to Court by 25th may. In addition submit Applicatyion Notice (N244) and see what they allocate - either SJ and/or SO or whatever they feel fit.

 

Thanks.....

 

John

Link to post
Share on other sites

Theres no specific form for CPR 24 or indeed CPR 3.4, you use the general N244.

 

Ill find mine, i just filled in form N244 and in 3. I put

 

Summary Judgement

Pursuant to CPR 24.2

and/or

Strike out of Claimants statement of case

Pursuant to CPR 3.4

 

and then I attached my statement of case.. (See attached)

 

As you can see my m,ain argum,ent was abuse of process, but my alternmative argu,ment (2) was that claim was bound to fail anyway.

 

Andy

Summary Judgement.pdf

Link to post
Share on other sites

As you know John, can't help with the legal stuff, but just wanted to wish you all the best.

Keep us updated. I'm sure that once the district judge is in full procession of the facts he will strike out the claim and award you your wasted costs!

 

Regards

Gbarbm

Gbarbm

Link to post
Share on other sites

Excellent, thanks Andy, i think i am on top of this now...just printing out forms and ensuring all things square...wife in bed as she had a belly full of it now.....

 

Cheers,

John

 

Remember that the hearing will generally be paper only..not oral..ie. not lots of questions, so make sure you put all of your points in the statement of case, you can continue to file evidnce later on (I did !) but it must be relevant evidence reffered to in yourb statement of case, i.e not bringing up new points.........(although itn is possible to amend statemenmts of case but at a cost).

 

The 7 days rule is the respondent must file his response/'defence' 7 clear working days before hearing date, if you wish to respond to that, you must file your further respionse 3 clear working days, (this applies to cpr 24, cpr 3.4 doesnt mention it though), as I said earlier in my case, the respondent didnt file anything but handed me some scraps of paper(and his costs £444 !) on the day, they didnt provide any new evidence and the judge didnt allow them..and of course his costs wernt allowed either...he was truley incompetent !.. He mumbled about wanted a stay but judge said there was no defence so would decide there and then.

 

Couple of points I missed out on that you should do..in your statement of case you are supposeed to actually put...

 

(i) that claimant has no real prospect of succeeding on the claim or issue

 

and

 

(b) there is no other compelling reason why the case or issue should be disposed of at a trial.

 

and also a reminder of cpr 24.5 (I didnt, but wrote to other sides solicitor reminded him later...this looked good for me on court as I told judge I had specifically reminded him about it :))

 

 

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

 

(a) file the written evidence; and

 

(b) serve copies on every other party to the application,

 

at least 7 days before the summary judgment hearing.

 

 

Andy

 

Andy

Link to post
Share on other sites

Nothing further to add to the excellent advise that you've already been given - just wanted to wish you the best of luck. I still can't quite believe he's trying it, but hey-ho. :|

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

  • 3 weeks later...

Court.jpgHi one and all....Its been quiet on the action front until today and I have received the attached.

 

Its says the matter is olisted for a case management conference on 9th August and I have to file at court and with the claimant any directions to seek no later than 7 days prior to court hearing.

 

A couiple of questions please:

 

1. Does the court conference mean this will been done in front of both claimant and defendants or is it without us being there?

2. For the files do i just simply write a defence again to the court and to the claimant?

3. If we are in person on 9th August can I change that date? Of course if it is done without us being at court then this is irrelevant!

 

Thanks.....John

Link to post
Share on other sites

The attachement is too small to read, youll need to scan it as a PDf and repost or use one of the picture sharing sites to link to.

 

Generally I would of thought you both need to attend the CM conference, you may find the Judge is a bit confused and may possibly hint that the case has no merit, thus giving the claimant a hint he should drop it.

 

Not sure what you mean by 'files' for directions, you should list things you believe that you and the claimant should do and documents that you and he should provide to the court.

 

(i.e Claimant to provide Contract of Employmenmt by xx 2012).

 

It is possible to say you are unavailable at certain dates, I think there is an option to put holidays dates on AQ is it ?

 

Whats happened to SJ, did you request this ?. I would of thought this should be heard before any CM conference (In my case, an allocation/directions hearing was set by the SJ was before this).

 

Andy

Link to post
Share on other sites

Thanks Andy...I will re-scan as pdf and upload.

 

I put the SJ in but they returned it as I hadnt pauid 80.00 but I didnt see anything in costs so will need to do it again!

 

I did put dates down on original AQ but appears they have ignored that. i will contact the court to advise we are unavaliable...thanks again

Link to post
Share on other sites

Nearly all applications to court will need a fee, in my case I put in my defence and mentioned the abuse of process hoping that the court would use SJ/Strike Out on their own initiative (would of been no fee !) but they didnt so I then had to put in actual SJ application (although it was very obvious of the abuse so I think the judge prob should of struck it out of own inititiave really !).

 

Andy

Link to post
Share on other sites

Hi any chance you can post up a copy of your defence and your returned application?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Hello one and all; an update for you and probably a little chuckle :-)

 

My wife and I got our court date and it was 9th August but we are on holiday so I called the court and explained and they said write a letter explaining. So, I duly did and posted it off last week. I called them yesterday to ensure they got the request to which they replied yes.

 

The lady went on to tell me that the 9th August date had been vacated - great I said - however, not on the grounds of our holiday and request to change but because.....the claimant (my ex employer) paid by cheque and it bounced - lmao!

 

This is simply typical of my ex employer - it is not something new but to do it to a court when he is trying to recover 98k is beyond me! This does make me feel even more convinced that it has been scare tactics all alone. There is though a possibility that they will pay and I will end up face to face with them but in the meantime i am smiling and chuckling to myself lol...

 

The MD does have a lot on his plate though - tribunal in July from the ex finance director plus his own court appearance for fraud plus something else that he doesnt know will land on his desk soon - the latter will keep him more than busy that's for sure!

 

So for now that is my update and we shall see what comes up next....bye for now and thanks again....

Link to post
Share on other sites

Good news.

 

I too was in similar position, the claimant didnt pay fee and claim was struck out (this may well happen in your case), if so, he will have to apply for set aside, this is your chance to argue against the claim continuing..(in my case it wasnt allowed due to cpr 3.9 - lack of evidence).

 

He then ignored this and started the claim again about a year later and this is when I won using summary judgment/strike out (as Ive already mentioned earlier in he thread).

 

Perhaps your employeer is begining to see that there will be further and further costs as case progresses and he will be at risk of losing them all.

 

You should of course use this 'bouncing' as evidence if you are going down sj/strike out route as evidence that the claim is simply not serious.

 

Andy

Link to post
Share on other sites

Have you considered prompting a favourable order by filing w/s?

 

Part 3.7B, read in conjuction with PD 3B and 44.12 [deemed costs order], links are all below........ you wouldn't be applying directly for s/o, but you would be referring to the courts case management powers and requesting that 'should' the court strike out the case it should also consider your costs [to be assessed] on the standard basis within any order.

 

I would imagine the claimant has already been served notice to file the fee.

 

Phil

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#IDAEYWKC

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part03b

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part44#IDABZ1HC

Link to post
Share on other sites

How can an employer justify asking for 3 years' salary back when you have a contract of employment saying you will be paid such and such for work undertaken?

 

If you hadn't done the work after 1 month, 2 months'.......3 years' why would he have paid you?

 

Absolute nonsense on the face of it.

 

I wouldn't be worried at all, he'll hopefully be locked up for his fraud case though doubtful unless Local Authority, DWP, serious fraud which perhaps this fraud case is.

 

He sounds like a right wide boy.

Link to post
Share on other sites

The more I read of this the funnier it gets! Good luck!

 

I'm wondering if there is any way of counter claiming at some point, I'm not sure what for, but that would be just desserts for someone like this..

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

Link to post
Share on other sites

The more I read of this the funnier it gets! Good luck!

 

I'm wondering if there is any way of counter claiming at some point, I'm not sure what for, but that would be just desserts for someone like this..

 

I'm not sure that the OP's former boss has anything worth claiming for, by the sounds of it!

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...