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    • adjusted   1.   I am the registered keeper of the vehicle reg ****** .   2.   There is no cause for action against the keeper of the vehicle, as this is not "relevant land" under the POFA 2012.   3.   The defendant puts it to strict proof that VCA show  as to who the driver was at the time.   4.    No contract was ever offered by VCS, the land is subject to its own byelaws so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   5.   The claimant has not shown locus standi in this matter.     6.  The signage is prohibitive in nature and not a genuine offer of terms for parking for a motorist to consider, therefore it is denied that there was any ability for the driver to contract with the Claimant.   7.   The defendants vehicle broke down, twice, and was therefore broken down, not parked. This would constitute frustration of any contract.   Hope that is ok and that I have understood correctly.   Thanks for your comments DX (also a night owl) but I am not sure what you mean here. "there is no complaint statement at the end of the WS conclusion to be complaint with CPR before your exhibits which must be included. with a sig area"  
    • Yes, always been a Night Owl.  Just don't expect me around at 7am tomorra 😆   As I say, don't file straight away, see if there are other ideas before your deadline.
    • the 1st line is not correct and should read i am the registered keeper of the vehicle reg XXXX.     there is no complaint statement at the end of the WS conclusion to be complaint with CPR before your exhibits which must be included. with a sig area
    • Wow, you are also up late Dave.   Thanks for your comments, will adjust accordingly.
    • Superb defence!   Good grief, if you can do that when you have COVID, what would you do if you felt well?!  Take that Simon!  However, suggestions for a few tweaks -   (1) is really two reasons, the not relevant land and suing the wrong person, so if in a very, very pernickety mood I'd split this point into two.     (2)  Cut out the bit about it being prohibitive as this is covered in (5).   In (5) point out that this is Frustration of Contract.   However, hang on till 4pm tomorrow in case dx, Brassnecked, Lookinforinfo or EB come on, they have much more experience than me and may suggest changes.   Simple Simon will rue the day he took you on!    
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi HB

 

I know I have a few threads but they are relating to different problems we are encountering since my husbands dismissal.

 

Am I doing something wrong that I'm not aware of because I do aologise if I am.

 

Regards

Joanne

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Hi Joanne.

 

No you're not necessarily doing anything wrong, I just wondered if there were other threads that would help the guys to advise you without them having to go looking for other information.

 

If nothing would help, that's fine, don't worry. :) I just asked because the advisers here are busy and anything that saves them time and gives them relevant information could help you and your OH.

 

HB

Illegitimi non carborundum

 

 

 

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HI Sirbob,

 

In my opinion and based on experience there is nothing to be gained from submitting a complaint against your husbands former manager.

 

Management often take the approach of never admitting or apologising for anything as that may make them liable for a claim.

 

A complaint will almost certainly get their backs up and what would you hope to achieve?

 

I realise it may seem a hassle to contact HMRC to get a refund of overpaid tax, though in my personal experience if you call the HMRC helpline they are quite knowledgeable and efficient at sorting these things out.

 

Really is not worth the hassle.

 

DJ

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what dj said. If you are going to do anything, go straight to ET if you have grounds for discrimination on failure to make reasonable adjustments for a disability - if it was, I cannot remember now.

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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Hi

 

My husband has had his appeal meeting and we should get a dicision on the 15th November.

 

As regards the holiday pay it has been just over 5 weeks since he was dismissed and he still hasn't been paid for his accrued holidays. We were told this week it has been passed to a manager as no-one has been able to figure out where the missing holiday hours have gone. They are blaming his previous team leader who was dismissed for gross misconduct as he also didn't document return to work meetings promising help for my husband and my husband advising him of his problems and that he was still under investigation all of which senior management say they knew nothing about.

 

Anyway they say they know he was off for 15 months, they know he took no holidays but they can't find where the almost 370 hours of holidays have gone. This equals just over £2000 for us and would treally help for our 3 daughters and xmas.

 

Do ET cover a dispute over holiday pay or would it just be for people who have been dismissed? How long should I leave it with a manager. It only been with her since 31st October.

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Yes, the tribunal also covers holiday pay (but get the claim in three months less one day from his termination date or the end of the holiday year, whichever applies). If he's still employed, it's only statutory holiday leave which can be recovered. As he's lost his job, if he's claiming unfair dismissal then he could try to recover contractual leave entitlement as well.

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Yes, you can. But clearly, he won't be entitled to the holiday pay if he is reinstated, so I would just hold off and submit both claims together on one ET1.

 

Incidentally, as he's already been dismissed, you could start the unfair dismissal claim now and withdraw if he is reinstated...

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to be honest he doesn't want to go back. We have private insurance and 2 days after his appeal meeting the insurance wrote to us stating they would pay out for 1 year.

 

So would it be best to advise them we no longer want to continue with appeal or do we just wait for a decision?

 

On the off chance that he does win, would he then have to give notice of leaving or does he just decline the offer of his job back and wait for the holiday pay.

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  • 2 weeks later...

Hi

 

So my husband had his appeal meeting today and he lost which we expected.

 

We have contacted ACAS who has given us 2 options. 1. Employment Tribunal or 2. Pre claim conciliation.

 

Can someone advise which one may be best as we have no idea.

 

Thanks

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Start an ET so you do not miss the time limit while the company are stalling.

 

You can withdraw it later if you settle.

 

Don't mess about with it - get the forms in!

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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Is this what you're looking for HB?

 

http://www.justice.gov.uk/forms/hmcts/employment

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[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

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Crossed posts, FL. :) We don't often see you here, do we?

 

HB

 

Just taking a wander :-)

I didnt see your post on the second page :oops: My bad (Whatever that means :-))

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

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