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    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.
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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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Suspended after problems at work


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Ok look, I really can't help if you are not going to go into enough detail.

 

I am going to suggest that if the position with the supervisor is no better your option is to talk to your manager or lodge another grievance, but if you want to take things to an Et you are going to have to do better than "Talks to you like s**t". You will need dates, times, exact quotes, any witnesses. You will need medical reports. You will need full details of the mediation and follow up process.

 

Similarly you are going to need a lot more evidence on the overtime thing.

 

If you wish to fight this, you need to put a bit more effort into demontrating why you are in the right.

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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ok. The supervisor would tell me to do one thing then manager would approach me to ask why the job wasn't being done the way it should be, i would explain to the manager what supervisor had said to do causing the manager to disagree. it was always manager saying one thing and supervisor saying another. supervisor would come across very sheepish to say something to you, everyone in the depot knows what the supervisor is like but they won't say or do anything about it, i got to the point where i approached my manager about the way the supervisor was making me feel he told me to put it in a email to him and he would deal with it, nothing got done so it carried on until the point i hated going into work i also told my manager this, i went to see my gp explained to her what was going on, how i felt etc and she put me on the sick with stress, i went back to see my gp 2 weeks later i was no better as nothing was being sorted at work so she gave me another sick note and put me on anti depressants, when i first returned to work my supervisor was told by h.r to keep contact minimal until we had mediation, and there was no follow up progess that was it end of it,

 

I have my work records on what i done on the days on overtime i.e you are expected to do ten items an hour so in 5hrs you do 50, the company are saying i claimed 5hrs overtime but only stayed 1.5 hrs but i couldn't do 50 in 1.5 hrs, on a normal 8hr shift i do 80 items, they are going off tunnel pass times not on work records, i couldn't and wouldn't claim 5hrs ad only stay 1.5 hrs, i have worked for this company for 15yrs and never had any of this until i put informal grievance in against supervisor. could it be possible this is all happening or everything that has happened is because i'm the only female on shop floor, only other female that you hardly see is admin.

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You are likely to be dismissed for overtime claims so focus on that first. If you are dismissed the supervisor issue is a factor that my be taken into account at an ET

 

You need evidence. Time logs, work logs, etc, for both of you. In lots of detail.

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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My supervisor undermined everything i done he would tell me to tell somebody else to do a certain job, i would go ask the person to do what i had been told they would give me mouth full i would go to supervisor and he would do nothing about it, i had to take the abuse from people who worked below me, supervisor would come in check all the figures for the day if he wasn't happy i would get him having a go at me not the person it concerned, he would look down on me, this has only really been happening since beginning of this year, supervisor has already been sent on an anger management course because of way he speaks to people, the course helped for a little while but he sharp slipped back into his old ways and manager was well aware of the way he is because different people told him. at one point he asked my partner if he wanted supervisor role saying there was going to be big changes over next couple of weeks that was nearly a year ago and nothing changed, like i said manager not at our depot very often so it's like he doesn't care really, he has another depot in his home town which he's trying to save from redundancy ad closure.

 

My partner yes was suspended for same allegation as me not the alleged complaint.

 

Big mess and it really has got me worried sick. never felt like this in my life not even when i got divorced

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only have work logs no time logs, what is ET

 

Does the company not need more evidence than they have?

 

I fill out overtime sheets every month they get handed in and signed off my supervisor, he checks the work logs to see how many been done against the hours being claimed.

 

What about the people including supervisor who claim same amount of hours as us but don't use tunnel pass

Edited by amanda69
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Does company not need more evidence?

 

Every month i handed in overtime sheet it would be signed off by supervisor after he checked logs for figures, he checked this against hours claimed.

 

What about other people who claim same hours as us but have no tunnel pass and use their car to come to work instead of company work van?

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why are you double posting everything?

 

I don't know what a tunnel pass is. should I? I do know you need to focus on proving your hous, not anyone else's.

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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don't know why i double posted, sorry, a tunnel pass is from one side of the water to the other, so you go north to south under the water and vice versa, i have been concentrating on proving my hours, it just feels like certain people suspended and ones without a pass aren't, so it looks like to me they are trying everything to get me out since grievance. I haven't had pass since june and they only decided to suspend me in oct when they get copies of pass use every month,

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Amanda,

 

I realise this is a very stressful time for you and you must be worried sick about the prospect of losing your job.

 

However, if you want people to help you on here you need to be much clearer in your explanations and answers to questions.

 

Eg."a tunnel pass is from one side of the water to the other." Now no doubt this makes perfect sense to you, but to someone who does not even know what type of job you do it means very little.

 

Now I still feel quite strongly that your employer is trying to get rid of you as a direct result of you submitting an informal grievance against your supervisor, in legal terms this is called victimisation and in order to avoid having to pay you redundancy money in January. Therefore if they do sack you without very good reason including providing proof you claimed for overtime hours that you did not work, you may be able to submit a complaint to an employment tribunal for unfair dismissal and victimisation. But that is all in the future.

 

Most important now is to concentrate on getting ready for the disciplinary hearing next week.

 

Firstly have you arranged for either the union rep or a colleague to attend the hearing with you?

 

What evidence do you have to prove you worked the hours that you are claiming for?

 

Has there ever been a discrepancy or questions over overtime hours claimed against you before?

 

Was it always you the supervisor came to when he had a question or there was a discrepancy? If so is there are reason for this? eg you are the most senior?

 

It is really important to be prepared for the hearing next week and please do not bring up things about what other people did or did not do, it is almost never helpful.

 

DJ

 

Can you tell us in plain english what type of work you do.

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Amanda,

 

I realise this is a very stressful time for you and you must be worried sick about the prospect of losing your job.

 

However, if you want people to help you on here you need to be much clearer in your explanations and answers to questions.

 

Eg."a tunnel pass is from one side of the water to the other." Now no doubt this makes perfect sense to you, but to someone who does not even know what type of job you do it means very little.

 

Now I still feel quite strongly that your employer is trying to get rid of you as a direct result of you submitting an informal grievance against your supervisor, in legal terms this is called victimisation and in order to avoid having to pay you redundancy money in January. Therefore if they do sack you without very good reason including providing proof you claimed for overtime hours that you did not work, you may be able to submit a complaint to an employment tribunal for unfair dismissal and victimisation. But that is all in the future.

 

Most important now is to concentrate on getting ready for the disciplinary hearing next week.

 

Firstly have you arranged for either the union rep or a colleague to attend the hearing with you?

 

What evidence do you have to prove you worked the hours that you are claiming for?

 

Has there ever been a discrepancy or questions over overtime hours claimed against you before?

 

Was it always you the supervisor came to when he had a question or there was a discrepancy? If so is there are reason for this? eg you are the most senior?

 

It is really important to be prepared for the hearing next week and please do not bring up things about what other people did or did not do, it is almost never helpful.

 

DJ

 

Can you tell us in plain english what type of work you do.

 

 

 

 

 

 

 

i work with medical supplies. the tunnel pass is on the north east so from newcastle to sunderland you have to cross the water so the tunnel pass takes you under the river tyne from north to south,

I have a union rep

only evidence i have is my work logs

my supervisor tells me how to do my job even though i'm a team leader if that makes sense

i am an infection control laundry team leader

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With regards to the tunnel pass are you saying you have to go from one "office" to the other "office" and one is based in the north and the other is in the south but you can claim travelling time?

 

yes got tunnel pass from home on the north to the south and company pay, but the company are saying i went through to early and claimed more than i should in wages, been to union and i have a good case.

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I'm still really struggling to see what you mean. I think it is because you are abbreviating things, missing things out, and not writing in full sentences.

 

I think you may do better with your rep who can ask you questions more easily. I am glad you have one.

 

Very good luck with it.

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'm still really struggling to see what you mean. I think it is because you are abbreviating things, missing things out, and not writing in full sentences.

 

I think you may do better with your rep who can ask you questions more easily. I am glad you have one.

 

Very good luck with it.

 

hiya

 

there is alot to this case i would be here along time if i had to write it all down, the union put a grievance in last week against the company and told them we are taking them to appeal then court, i will fight them all the way. i have worked for this company 15yrs and they are damaging my character. i won't let that happen, i will keep you posted,

thank you

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can an employer treat people differently for same allegation, loads people involved but only 3 suspended.. 1 back at work with final written warning other 2 to be sacked, already pre determined before disciplinary hearing, manager of company told union rep what the out come was going to be

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amanda, it is really difficult to advise on the info you give. You will get a better answer from your rep if they know the whole story.

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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amanda, it is really difficult to advise on the info you give. You will get a better answer from your rep if they know the whole story.

 

hoping to talk to rep tomorrow, my head battered, confused, upset by way company treating me, no point to loyalty these days

thanks anyway, i will come back to you soon

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hello, you wrote an email to the manager and nothing was done. i guess that you still have proof of this email. this as well as other things helps build up a case of constructive dismissal = ie, various things being done and not done by your employers

Edited by ims21
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