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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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  
    • 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.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Greivance, TUPE then Redundancy


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I was wondering if you can help me to determine my next steps:

 

 

I have suffered bullying (i.e. Critisism & Isolation) by 2 people in my small team - over the past few years.

 

I have from time to time, raised particular bad issues to Line Management & HR. to no avail.

 

At Christmas I began to suffer work related RSI - which developed into full Musco skelatal symptons - which the doctors reported was excarebated by Work related stress.

 

 

During my RSI sickness - my line manager & HR were more & more hostile to me - as it was clear that they thought i was exagerating my RSI. I probably didnt help matters by requesting not to work so often in the office which I was receiving the bullying, partly because this exacerbated my RSI more than the Main office.

 

 

I eventually raised a greivance against manager & HR - backed up by details of past bullying (which were out of time)

 

After 3 months - my greivance was not upheld - I raised an appeal & Data access request.

 

This data access request has allowed me to see more bullying & libels perpertrated by my collegues - while i was off sick

 

iI am still Stressed on anti depressants, my RSI is getting better - but my sick record will not recommend me to future employers

 

 

 

Last week, We TUPEd to a new company - and I was put at risk of redundancy and will be made redundant after consultation completed - at start of August.

Then I must apply for jobs in the new structured contract. If not successful my redundancy will continue for my notice period (12 weeks)

 

My Questions are:

 

1. Obviously - I would prefer to get my job back and the new company does have to address my appeal....even if i am going to be made redundant.

2. I have met with the new company a few times and they have not raised the appeal issue - I presume this is because the meeting are about redundancy consultation.

3. Should they raise the appeal with me before the Interviews ? I am afraid that the Interviews may be affected by what my line manager said in his hearing - if I am not allowed to put my side of the story.

 

3. Does the new company have to hold off announcing my redundancy until the appeal is addressed.

 

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Wether the appeal is upheld or not won't make much of a difference. The new employer will either listen to the old management, and find a way to make you score low on their criteria,and so be made redundant; or they won't, and they will be fair.

 

As it's an appeal against a greivane and not eg dismissal, no, they don't need to wait to announce redundancies.

 

Personally I would not talk to the new company aboout your greivance at all - least said soonest mended.

 

Note the new company does not have to address your appeal - the old one does. It's TUPE, not purchase of a going concern. If you still have concerns about being bullied then you need to raise a grievance with the new management.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Under TUPE, the new Company are responsible for continuing the appeal. I have investigated that.

 

But thanks for your advice to me , not to raise it with the new company at all.

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My apologies beagle, as you have already transferred, you are quite right!

 

Yes, I'd keep your head down. With any luck the new bosses will quickly identify who the real problem lies with.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I should say, that I raised the appeal as I was a) unsatisfied with the Greivance process b) Thought that the Outcome had not addressed the majority of my greivance points. If I had accepted the Outcome - then the new company would think that I had raised a serious complaint - with no reason.

 

I did however, in my appeal letter state that , as the company was completely restructuring & in the interests of improving relationships - I would accept a letter to reassure me that Bullying would not be tolerated.

 

I have therefore hopefully drawn a line under it for the new company, ensure that they knew I had not raised the greivance unnecessarily and showed myself as able to compromise.

 

 

I am still worried about the things that i asked in my 1st post.

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PS Emmzzi : I have been keeping my head down for 4 years.....trying to avoid the bullying.

 

This resulted in me feeling ill for the last year....& eventually not being able to function with RSI breakdown and Stress & anxiety break down - 4.5 months off work. Plus it encourages more bullying

 

I do not want to go their again - It will take some time for me to get over this.

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I would have to ask why you have not moved jobs before now. Health is everything!

 

A payout that bought you some time to find a better work environment may be a blessing.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Ah. ask any bullying expert. Bullying creeps up on you.....you try to fix things.....then you withdraw etc.

I have got long service with the Company...I had a good well paid Job. i mistakenly thought that Managers & HR would support me.

 

I now know , from seeing the data access request.....that they gang up against you.

 

I do think that I will not be able to take as stressful a job in the future.....which will no doubt affect my pay level.

 

As for Payouts, it seems like, I will just have to sue for recompense (RSI & Stress). which is costly. I dont think I can just negotiate for recompense with the company ? Can I ?

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you can suggest it while presenting evidence of their neglect. It might work.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I'd be glad to not talk to my new company; be able to be interviewed and assessed for job - without prejudice & start working again - with a more positive friendly team of people.

 

Then I can start restoring my health & get my life back on track.

 

But If that doesnt happen - I will have to ask why i was not successful in my interview & may have to consider some monetery payoff - to support me while I get my life back on track without employment.

 

In the mean time - I will take your advice offered a while back - and not mention it if they dont. And see how things pan out. I will keep you updated in the next month - if you wish - by adding to this thread as things progress ?

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Thanks HoneyBee. It is a complicated set of curcumstances.....nitemare. But I will update this thread every week on how things are going, What course I have taken - & in retrospect - what course I think I should have taken - Hopefully they will be the same :)

 

In the mean Time......if anyone has useful advice .....?

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  • 1 month later...

Hi. A summary of the situation :

Bullying, Sickness, Greivance, Tupe to another Company,

The New company put us all At Risk 2 months ago on Garden Leave. Opened all the Jobs out for open Interview, I was not successful - though my tasks are still done.

So I am Now facing Redundancy - 3 months notice period

 

But my Greivance Appeal has still not been dealt with & the New company says there is not much they can do as all the Bulliers are in a different company.

I am glad to be going now so that I can start a clean sheet - but I will face a massive pay reduction in any new job - and My RSI may flair up again.

 

So what i am wanting from the new Company is some form of enhanced redundancy Payment, in return for me droping the Appeal.

I think this will be difficult to abtain as they will say that the reduncy is not related to the Greivance

 

So I will end up with absolutly no Closure on this one

 

Any Ideas ?

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