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    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
    • Are you saying that both businesses were closed? Yet you stayed there for over two hours. . If both were closed than to charge £100 is a penalty since Horizon had no legitimate interest in keeping spaces clear for the company. sake as there were no customers..
    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
    • If everyone who wanted or needed a permit could get one easily how would PCM make any money?    
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    • 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.

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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.

      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.
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      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
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I have been employed by the same company for over 7 years now in March 2012 I had huge emotional /personal problems which i reported to my line managerthat i was struggling with, her response was virtually non existant so i continued working at what is a very stressful busy full on job.

 

There was an incident with another member of staff where I had a falling out with as I felt I had been undermined this escalated and escalated then my line manager called me in to say there had been other complaints from other members of staff about my behaviour at work this has now led to a disciplinary being arranged, now I am off sick as I just fell apart at these accusations have seen counsellors and the community mental health team and under my GP.

 

My feelings are that my line manager was the only one aware of my problems and failed in her duty of care towards me as I thought I was coping ok at the time obviously in retrospect I wasnt doing as well as I thought!

 

My concern is I may lose my job and do I want to go back and work with her anyway after this?.

 

I had just received my yearly report in February stating I was an assett to the company worked over and above what was required etc etc and now because of my line manager not dealing with the situation correctly I am in a complete mess both mentally and possibly work wise has anyone got any words of wisdom that will help me to get through this.

 

I have got union back up and am considering grievance against my line manager but not sure if I am strong enough mentally to go through it all:???::whoo::whoo:

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Hi and welcome to CAG

 

I've moved your thread to the correct forum and added some paragraphs to your post to make it easier to read.

 

The guys will be happy to advise as soon as they are available.

 

ims

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Hi, welcome to the CAG and sorry for hearing your troubles.

 

Work and emotional problems all to often are polar extremes and the attitude "leave your problems at the door this is work now" really cant be sustained. What is your companies approach to stress and stress management? The stress does not have to be work-related for them to have a LEGAL OBLIGATION under the Health and Safety at Work Act to protect you from harm whilst you are working. If a problem at home renders you unable to complete your work as you used too then the employer is under an obligation to assist you complete your work.

 

The tricky part is getting them to admit this!

 

Now the unfortunate thing is they do have every right to discipline a person for a breach of contract - IE being aggressive etc. However they also have a responsibility to help you complete your work too. Its a tricky situation, however they should investigate cause of your problem and take them into consideration.

At the moment i would concentrate on getting better, I know it is a long road as I am on that journey too, when you feel better and able to speak to your employer then see how they react. It would also be advisable to speak to your GP/consultant and get their actual diagnosis under the ICD10 codings. This may assist you with claiming reasonable adjustments under the Equality Act to facilitate your return to work and help you stay there.

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 :)

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Hi

 

Just remember you had informed you Employer and they had a "Duty of Care".

 

Now I would write to your employer (recorded delivery always keep a paper trail) and request the following documents:

(NOTE not what is in a staff/employee handbook as this may be a shortened version).

 

1. Disciplinary & Grievance Policy and Procedure (you want both)

2. Health and Safety Policy and Procedure (you want both)

3. Health & Wellbeing Policy and Procedure (you want both)

4. Stress Management Policy.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi mate,

 

Very similar problem to yours which led to an unsuccesful ET hearing and a subsequent appeal to the EAT.

 

The company could reasonably have known that you were unwell (poss disabled even) when you inform your manager. You therefore put your company on notice at the time of the conversation and from this date their duty of care towards you arose. The last post i think is very good advice.

 

 

Interesting to know what other CAG'ers think as this forms part of my appeal.

 

All the best

 

BB

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How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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