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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. 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 only contracted 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. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Training Course Fees From Final Salary


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Hi there,

 

I am serving my 5 day notice from my current job. I have being an apprentice for 4 years, and the job at the end of it wasn't what I expected.

I was sent on a HNC course by my company and made to sign a contract. It was a two year course, and I signed two contracts.

 

I quote: "If you leave out employment for any reason within one year of receiving this financial support, the company reserves the right to deduct the full value of the course fees paid from your final salary."

 

"If you leave out employment for any reason within two years of receiving this financial support, the company reserves the right to deduct 50% of the full value of the course fees paid from your final salary."

 

They have said I am liable for over £1800, my final salary (week in hand, plus few holidays) is worth a few hundred.

But they are claiming I need the pay it all. Is this true???

 

 

Also I have read on the Direct Gov website:

"A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it."

 

Does this also apply to me, or have I forfeited that right?

 

I don't mind them taking my final salary and I was lead to believe this is all they can take.

 

 

Thanks for reading and all your help,

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It's a lawful deduction as you have signed a clawback agreement and yes they can indeed ask you for the full balance. £1800 seems a little high for an HNC (depends what it was in of course) so I'd ask for a copy of the invoice from the college, and see if you can come to an agreement to pay.

 

Who led you to believe they couldn't get the rest of the money? and on what grounds?

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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Thanks for your response,

 

At the time of signing I asked what was meant by the term "course fees paid from your final salary".

I was told, (Verbally) that it meant they could start any salary (week or month) + holidays I was owed to pay it.

I wasn't under the impression that's what I'd signed up for.

 

Thanks,

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Ok. I have popped over the the CIPD forums to read up a little more.

 

You are right about NMW BUT you still have a debt to the company. So you can agree a repayment plan or you can call their bluff and see if they take you to court. I can see that they may be angry with you (4 years is a VERY long time to decide it is not the career for you!!) and might do so on principal. However as far as I can see there has not been a test case on this from HMRC wage compliance officer so it's not tested in court yet!

 

Remember as well apprentices have a different NMW depending on their age

 

http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_10027201

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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What happens is, it's a engineering apprenticeship, I moved around all area of the business. Sales, Drafting, after sales, planning, manufacturing, test ect.

I was then suppose to make a choice on a career for myself; a 1,2,3 preference. In my case my choices were ignored and I ended up with a job I didn't want.

 

Thanks for all your advice though.

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So you can agree a repayment plan or you can call their bluff and see if they take you to court.

 

I would not call their bluff and renege on the debt. This is because your professional body could take disciplinary action against you were they to receive a complaint from the employer. There was a recent example of a case involving an ACCA(_?) student. Repayment plan is the best idea. Or seek a "Golden Hello" in your next job.

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