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    • Had a previous car loan with this lot. Included in the amount (prior to added interest) on this agreement, is the outstanding balance from the previous loan. This outstanding balance had already been subject to hefty interest on the 1st loan, yet on this agreement they added interest to it again! Also, where it states that the particular Ts and Cs (ref # removed) form part of the agreement, the Ts and Cs they've sent, which they say are part of the agreement, but they are not- they have a different reference number to the Ts and Cs which form part of the (original) agreement. agreeandterm.pdf
    • I would only rely on your solicitor in this regard. The other two should not have a view.   And, you are responsible for how the court perceive you. They only have your words and deeds to go on. Expecting them to magically see things your way is not a great tactic.
    • Yes, I don't think there is any downside to doing this. If they decline then you can say that in your witness statement
    • Ok! Do you still want me to work on that letter you discussed above in post #26?
    • Thank you for posting up the required details and well done for apparently not revealing the identity of the driver. I am assuming you are the keeper? The depth of ignorance of the parking companies is absolutely amazing. The Protection of Freedoms Act 2012 Schedule 4 is the law relating to private parking and allows those rogues to be able to transfer the charge from the driver [whose name they do not know] to the keeper after 28 days . This is dependent on them complying with the Act. So many of the don't and Alliance is no different. It would help if we could see what you appeal was and to post the back of the PCN as it is lacking so much of the wording necessary to make it compliant so that in your case only the driver is liable to pay the charge. And of course just entering the ANPR arrival times means that they have failed to specify the parking time which is a requirement..  Because the car park was so busy you had to drive around for quite a while before finally finding a place to park which is when the parking period may  actually begin. The poor dears at Alliance have not grasped that particular part of the legislation as yet. To be fair the Act has only been in place for 12 years so one must make allowances for their stupidity . We shouldn't really mock them- but it is fun. You weren't to know but the chances of winning an appeal against Alliance and the IPC is around 5%-and that is high for them. If they allow you to cancel they lose the chance of making money and they would have had a field day when you were there with so many people being caught overstaying because of the chaos in trying to find a parking space then trying to pay.  Your snotty letter could go something like this- Dear Cretins, Yes I mean you Alliance. After 12 years one would have thought that even you could produce a compliant PCN. Did you really think I would pay you a penny extra considering the time I wasted trying  to pay with  long queues at the parking machine, then trying to get a signal to call Just Park. On top of that you then had the cheek to ask for an additional £70 for what dubious unspecified pleasure? You must have made a killing that day charging all those motorists for overstaying because the queues to pay were do long and even walking to pay from the over flow parking fields takes time. And yes I did take photos of the non existent signs in the fields so please don't give me the usual rubbish about your signs being clearly visible. Oh yes that £70. Please tell me and the Court whether that charge included VAT and if it did, why am I being charged to pay your vat? I am sure the Judge would look carefully at that as well as the Inland Revenue. The truth is you had no reasonable cause to ask the DVLA for my data given the chaos at your car park and I believe that you therefore breached my GDPR...................... I expect others will give their views as well.          
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    • If you are buying a used car – you need to read this survival guide.
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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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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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Potential ET, time and claim limit


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Hi :-)

 

I'll try and keep this short and sweet. It's the follow on to my last topics where I had a meeting with the director of HR. I'll soon be coming up to the 12 week (minus a day) to file ET1.

 

After recording the appeal meeting, I contacted the Director informing them firstly that there minutes are not correct - I was told that was not the case, so basically tough and then the outcome came. Once I had the outcome I tried to make a formal complaint that they had been untruthful, misleading and inaccurate. Now as the recording and previous emails has them ignoring my request for reasonable amendments/adjustments - I'm registered with both mental and physical disabilities. It also has them admitting that my appeal won't be succesful along with other admissions including me mentioning breaches of trust and confidence and them agreeing. In the meeting, they would not allow me to raise any previous points or mention new points. They were pretty arrogant to say the least.

 

I've been told that this is the end of the matter and they will not allow me to make any complaints or grievances AND have blocked my emails from getting to them.

 

I've just spoken to ACAS who inform me I shouldn't fill out ET1 unless I resign. Can I not fill out ET1 stating disability discrimination (failing to make reasonable adjustments) and listing the breach of trust and confidence points I have? They have said that if I do get dismissed for incapablity and if the ET want to take my above points on board they will BUT don't have to within a time limit. I'm worried that if it gets past the time limit my above ET points to claim will no longer be vaild.

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Dont allow the time limit to go by.

 

Yes you can file an ET1 when still in employment.

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 :-)

 

I'll try and keep this short and sweet. It's the follow on to my last topics where I had a meeting with the director of HR. I'll soon be coming up to the 12 week (minus a day) to file ET1.

 

After recording the appeal meeting, I contacted the Director informing them firstly that there minutes are not correct - I was told that was not the case, so basically tough and then the outcome came. Once I had the outcome I tried to make a formal complaint that they had been untruthful, misleading and inaccurate. Now as the recording and previous emails has them ignoring my request for reasonable amendments/adjustments - I'm registered with both mental and physical disabilities. It also has them admitting that my appeal won't be succesful along with other admissions including me mentioning breaches of trust and confidence and them agreeing. In the meeting, they would not allow me to raise any previous points or mention new points. They were pretty arrogant to say the least.

 

I've been told that this is the end of the matter and they will not allow me to make any complaints or grievances AND have blocked my emails from getting to them.

 

I've just spoken to ACAS who inform me I shouldn't fill out ET1 unless I resign. Can I not fill out ET1 stating disability discrimination (failing to make reasonable adjustments) and listing the breach of trust and confidence points I have? They have said that if I do get dismissed for incapablity and if the ET want to take my above points on board they will BUT don't have to within a time limit. I'm worried that if it gets past the time limit my above ET points to claim will no longer be vaild.

 

I agree do not let the time limit go by. I have some handy wording provided by my former solicitor which would allow you to tick the relevant boxes and state that you are making a claim for disability discrimination and failure to make reasonable adjustments but will provide the details later.

 

If you use the wording, you get 14 days from the date of lodgement to provide the details of claim and the Respondent gets 28 days from the date you provide details to reply.

 

As you are still employed this might be a more strategic and less antagonising approach? Let me know if you need the wording for the "details later" ET claim.

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Hi, thanks for your quick replies.

 

I always get mixed advice from ACAS and each time they tell you different things :!:

 

Now to resume the form filling, this is going to be fun. I know I have to try and keep it short and sweet but I fear that will be difficult .....

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Keep it factual and in bullet points, try not to expand on the points but make sure that you put in the point that lead up tot he events, but dont put too much detail! Thats what your statement will be for.

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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Just be aware that the time limit is three months, not 12 weeks.

 

So if your claim is based on an incident occurring on (for example) May 5th, you'd have until August 4th (3 months) to submit a claim, rather than July 28th, which would be 12 weeks.

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  • 2 weeks later...

ET1 submitted, acknowledged and assigned a case number.

 

I presume they have sent my employers a copy as they have now sent me 3 letters. The odd thing is the letters are dated 7 days ago but delivered and post marked yesterday. There trying to make it look like they sent them before I submitted ET1.

 

One is a meeting for possible gross miscounduct. Second is for a meeting for possible capability dismissal. Third one stating that if I want make a formal grievance I have to do it formally within their procedure. - I've already done that and they refused to hear it :???:

 

To date they have failed to reply/complete both a SAR and disability questionaire that was sent some months ago. Should I do anything to chase them up?

 

My employers have now blocked my email address, so I can no longer communicate how I have been in the last 8 months.....

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Thats fine,

 

Just keep the envelopes and the letters, you want to be communicating by post now anyway to keep it official. Send them a reminder about the SAR, failure to complete the questionnaire will look unfavorably to the tribunal.

 

Keep going as you are, everything seems fine at the moment.

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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  • 1 month later...

A quick update:-

 

Employers asked me to attend meetings without informing me of any dates. I chased this up but on the ET3 recieved they claim I didn't attend them. They claim to have sent me recorded delivery letters and emails but I received nothing .....

 

I have recieved the ET3 from there solicitor which is very lengthy and far from correct with information, timings, etc.

 

It states that my claim is time barred, the ET does not have jurastriction, inaccurate and should be struck out.

My claim of disclosure was not made in good faith, no disclosure of information, lack of reasonable belief and no detriment - I'm not sure about the disclosure but I wanted to submit it with the 3 month limit.

 

They have asked for proof of any loss suffered, prove disability, prove any injury to any injury to feelings, submit any award at lowest level Vento v's Chief Constable of West Yorkshire and requested costs be awarded.

 

The ET have sent me a form under s6 Equailty act 2010 stating the respondant does not accept I am a disabled person and attached a form for a qualified medical practioneer to fill in and to provide a copy to the respondant within an specified time limit. It then states they have 21 days to either agree or disagree and to why.

 

I guess the headache is just beginning.

 

Admin, any chance you could merge my threads to avoid confusion of why I'm claiming, pretty please :roll:

http://www.consumeractiongroup.co.uk/forum/showthread.php?360925-Attending-grievance-disciplinary-meetings-at-work&p=3936501#post3936501

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?338214-Been-accompanied-in-grievance-meetings-question.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334233-Grievance-procedure&p=3711538#post3711538

 

 

I have started doing my statement in bullet points on how the events unfolded to give a clearer more accurate picture but need to get over this hurdle first.

 

I presume I go to my GP and ask him to fill the form out for the ET judge, copy it and then send it to the ET and respondants?

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  • 2 months later...

A quick update.

 

I've supplied the medical report and personal statement requested for the ET to assess both my report and statement before any PHR or other talks. I've not heard anything yet so can I presume at this stage that the ET are considering if I have a disability?

 

Also could my previous posts be merged so if there is any useful further information available, people will know what the claim is about?

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