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    • Hello and welcome to CAG.   Here's a link to ACAS that should answer your contract questions. If you look around their site, you should find information about some of your other questions.   https://www.acas.org.uk/employment-contracts   I expect people will be along later with more answers.   Best, HB
    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
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My mother is a council tennant (Scotland) and reprted a damp problem 12 weeks ago. No one from the council knew where the damp was coming from and was guess work as to where the damp was coming from.

 

I called out a builder (friend) who lifted the floor and was able to tell us exactly what the problem was, so we spoke to the council and weeks later they sent out a worker to break up a screed and install a damp proof membrane and re-screed.

 

.........But the council worker basically broke up the screed and put a new one down without a membrane.

 

An inspector came out to the house and agreed that the repair was not done properly and that it would be re-done.

 

They were supposed to start on friday but never turned up, no-one on monday either and no one today so we got the builder to rip it all up again and do it properly this afternoon.

 

We took pictures of the whole process and plan to claim to the council as this is now on the 12th week since reporting it plus the fire had to be removed as well so been without a fire also ( although she does also have central heating)

 

With a quick search on the web it states that a repair can be done using a contractor on the councils list, but the worker they sent in the first place was a sub contractor.

 

Our builder has stated that he would price the job at £260. Main thing is that its fixed but I know the council will not budge. Does anyone know how else to handle this.

 

I also plan to complain to the ombudsman (for local authority councils)

 

Thanks

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Hi

 

Firstly you may have a problem claiming the council for the work the builder done. - Reason you did not have permission from the council for the builder that you employed to carry out the work so you must be aware the council may use this against you irrespective of the length of time you were waiting you should have requested permission first from council.

 

The other issue with the above even if you use the "Right to Repair Housing (Scotland) Act 2001 if they havent carried out a repair within the qualify period and you wish to use a different contractor you must use another contractor from "the Landlords List". You did not do this but used your own contractor so be aware of this.

 

Over 12 weeks for a repairs and dont tell me they didnt keep you updated it was you doing all the chasing.

 

So now its "Formal Complaint" time out this repair and ask for the following:

 

1. Complaints Procedure.

2. Copy of Repairs Policy and Procedure.

3. Copy of Right to Repair Act.

4. Breakdown of the Repairs Clasification for Emergency, Urgent and Routine. (this will give you the the limits that repairs to be carried out by)

5. Copies of all documents on this repair from date report till this letter.

 

Now in the letter try to just bullet point everything from the start of the repair till end.

 

This PDF on the Right to Repair Housing Scotland Act 2001 may be of use:


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

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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.

Please Donate button to the Consumer Action Group

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Thankyou for your reply. Will keep the forum updated.

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Hi dr fox

 

Forgot this PDF its to do with the Tolerable Standards Scotland:


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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