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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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My mums employment issues (Please Help)


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Hi all, this is my first post in this area of the board as I know absolutely nothing when it comes to employment issues but my poor mum is at the end of her tether and I need to help her out.

 

Please grab a coffee as this is going to be a long one.

 

My mum works in a office (private sector) for little over minimum wage; she has worked there first of all on a rolling temporary basis (Employed with the company not as a contractor) and was made permanent in this year,

 

In May of this year my mum was moved onto a new campaign within the office with a new manager, to whom took immediate dislike to her, she was openly blaming my mum for things and putting her down in front of the team (Examples Edited) Other environmental issues like ill fitting headsets with faults, unclean desks and damaged chairs also took effect.

 

My mum couldn’t handle this anymore and was signed off work with “Work related Illness (Changed)”. This meant she was off for a total of 6 months Long Term Sick.

 

During her absence she complied with all reasonable requests for sick lines, paperwork etc but 3 months in was given a meeting to attend, first of all this started with the manager having a right go at my mum down the phone for saying that she hasn’t turned up for a meeting which we never got the letter for (This was later discovered and I am only mentioning ) When she finally did get the meeting request and attended rather than the HR rep that she wanted their attending it was the manager she was complaining about and another manager. so needless to say she was pushed into a corner with regards to her complaint but none of her REAL complaint got heard by the managers that mattered just a watered down version of events from the manager who was hearing the complaint.

 

 

Finally just before going back to work she received a meeting request this time actually with HR who covered all her concerns, addressed them in a professional manner and they both mutually agreed a phased return working program to suit them both which my mum was looking forward to.

 

So this is now end of September with a view to returning in October, Pay day arrives to which she finds no wages in her bank account. Needless to say her Direct Debits bounced each incurring a charge as well as the Credit Card company the payment was due for also levying a £12 missed payment charge none of this is my mum’s fault as she hasn’t even stepped foot in the place in months!

 

She called her work who said “We will look into it and call you back” needless to say around 5-10 calls later she is no further forward and no payment either, At this stage my mum gave up and started phoning pay roll herself, In the end this took 4 days to resolve and over £125 in charges from her bank never mind the bad marks on her credit history for missed payments.

 

They FINALLY paid her and we are still waiting on them getting back to us regarding the charges that were incurred as part of their doing.

Two weeks later my mum started back work on a phased return which she was quite enjoying which involved a few days a week getting her retrained addressing concerns etc and was ready ..

 

End of October comes and guess what no wages again £20 this time, Roll on another batch of bank charges. Same as before contacted her work who said “We will look into it and get back to you” no wages by the end of that day earlier,

 

She arrived in the office the next morning (No wages remember) a manager had a go at her in a really busy corridor and said some things (Not repeated for anonymity) This was overheard by my mum’s return to work advisor who reported it to a higher level, they themselves clearly seen the state of my mum and asked her to point out who had said it, she did and the manager didn’t believe them she then mentioned the lack of wages to which they then said we will look at it, go home and calm down you are in no fit state for work.

 

The next day which was her day off she spent chasing management about where her wages were, they gave her the usual we will phone you back etc, and never did, she finally got the senior manager who she had spoken to the day before and this time he had turned nasty and very unhelpful. He then asked what happened last month and she explained to which she was told oh no that couldn’t have been the case he then had a go and said leave it with me.

 

At this point my mum is in absolute pieces having been treated like dirt after trying to go back to work after a long absence which was due to them, not getting any money at all for it to live in, No one ever calling her back, and then being shouted at by the people that are supposed to care, She was in such a state she had a anxiety attack to which was a horrible experience to witness. She is also due a fair few days holiday back to whichshe is scared to ask them about as her colleague who was also off sick was told “you will lose them as you were off sick.”

 

This morning as I was going to work my mum was sitting up in floods of tears and couldn’t even construct a sentence together about going to work so I told her to phone in sick. Still has no wages although they have promised to pay her today. They say this time the mistake was due to them.

 

The whole time she was off she had a councilor and was prescribed anti depressants to help with her condition caused by work

 

What do we do now?

 

- The holiday issue surely its law that no matter sick or not she gets her holidays? What happens if they don’t facilitate / allow her to take these does she lose them? What is the best way of dealing with this?

 

- The attitude problem of the manager/s how does she deal with this?

 

- The wages problem has caused over £200 in bank charges and 2 missed payment marks in an otherwise unblemished credit history, how do we approach this?

 

- My mum has taken notes and screenshots on her phone of every call made and when as well as what was said and with dates and times so taking things further there is plenty of evidence

 

Thanks for making it to the end of this hellish story and I appreciate anyone who can help in any way at all.

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crm84,

 

So sorry to hear about the problems your mum has been having.

 

Personally I would contact the member of HR with whom your mum made the agreement of a phased return to work and update them on what has been happening.

 

With the annual leave issue, she is still entitled to her full annual leave entitlement and this should be unaffected by the fact she was off on sick leave. Again I would advise you confirm this with the member of HR.

 

Unfortunately there is no law against managers having a perceived attitude problem. I appreciate how difficult it is when you do not get paid on the day you were supposed to, but ringing around different people expecting them to sort it out immediately will not help. It might be a good idea for your mum to speak with her bank and explain the situation to them about wages, emphasising this is a temporary problem and putting an overdraft facility in place so she can avoid further bank charges.

 

I suggest your mum choose one person to deal with all the issues and that could be as I have suggested the person from HR. That way you do not have 2 or 3 people working to try and solve the same issue and quite possibly making it worse. The person from Hr is well placed to address all of your mums concerns, although they may not get resolved as quickly as she might want.

 

The only really thing that matters in all of this is your mums health. Did she consult with her Dr about going back to work? I know from personal experience the temptation to get back to work is very strong after having a period of sick leave and all too often people go back before they are ready. I am not saying this is the case with your mum, just something for her to think about.

 

SOrry I cannot provide you with more legal advice as I am not qualified, but they are some fantastic people on this forum with the right skills and knowledge to help your mum get through this. Most important is that your mum looks after her health in the meantime.

 

Good luck

 

DJ

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Hi

 

These PDFs from ACAS may be of help:

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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Hi

 

Please remember your mums health is the most important thing here and IMO she really needs to go back to her GP and as you have observed her condition ask her permission to go in with her to the GP

 

This is the link to ACAS Website: www.acas.org.uk/

 

Also this direct link to art of ACAS Website will explain the workers entitlement to annual leave for periods of sickness abscence:

 

http://www.acas.org.uk/index.aspx?articleid=3860

 

Also this PDF:

Edited by stu007

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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Ouch,

 

OK, a few things to sort out here.

 

Firstly, the anti depressants, these were prescribed due to issues at work correct? Did she make the employer aware that she was struggling? was she put under undue pressure compared to someone of equal rank?

 

Sick pay - what is the company policy - word for word, is it guaranteed or manager discretion?

 

Charges to bank - if the company is at fault - then they should be billed for them.

 

The incident in the corridor - was this overheard by people? would they be willing to make a statement regarding what they heard?

 

we'll start basic and move on, best thing you can tell your mum is that they have acted disgracefully, however we need more info to be able to see if they have acted illegally.

 

Lastly, what do you want out of this?

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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