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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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Resignation with Proper Notice etc


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I resigned giving proper notice etc.

 

The following day my manager told me to treat my last day as yesterday.

 

I assume I am to receive PILON but was not expressly told of such. Should I have been told of this, either Verbally or in writing? I feel quite hurt by this because it certainly does not encourage me to give notice in the future if the company can just end my employment like this.

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How long had you worked there and does your contract give any additional notice over and above the statutory minimum? Does your contract mention anything about PILON or 'Garden Leave?

 

Not necessarily a need for the issue of PILON to be discussed, but it would have been good practice to at least mention it - unless they are hoping that you are ignorant of such matters and they try to get away with short-changing your severance! Do you know when your final salary payment is due? Don't forget that you may also have outstanding holiday pay to come as well.

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I had worked there 6/7 weeks before giving my notice. There was no contract of employment - so I was working under basic statutory rights.

 

I believe the company are trying to screw me out of the PILON and wanted to know if there was a legal obligation on the company to tell me of such a right.

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Well technically they need a contractual right to pay you in lieu of notice - but it's a non point, as you could bring a breach of contract claim and win, but be awarded no compensation as provided they do actually pay you, there's no financial loss...

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Does a breach of contract for not providing me with the necessary notice when terminating my employment, allow me to consider the employment contract as being discharged?

 

i.e. i have no obligations to the company from that date my contract was breached and forwards?

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Strictly speaking yes they have breached your contract, but providing that you have been (or are to be) paid for the correct period of notice, then no loss has resulted, so no action can be brought for the breach - well it can, but would be pointless as the damage will be rectified by payment in lieu. You might be able to argue that since any PILON represents 'damages' they should be paid without deductions for tax and NI, but that is a separate argument.

 

Your contract has been terminated so there are no obligations on either side.

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No nothing else.

 

The company has not paid me what I am owed. I believe the owner of the company is practicing a retaliatory dismissal.

 

They are claiming I did not work my notice - but I received an email from manager saying "no point working another week, please treat yesterday as your last day".

 

This was after asking me for work in an earlier email.

 

I read this as a dismissal. 3 or 4 emails were sent by me to the company, but no response was ever received. My manager removed or blocked me from Skype a day after the above "dismissal".

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They are not paying - this has been ongoing since September.

 

I am preparing my case. I am just going through the various pieces of the case and trying to clarify the facts. They are trying to present me in the poorest light possible - the companies response tries to undermine me, rather than focusing on the facts of the case.

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In which case don't dither any longer. Issue a Letter Before Action giving seven days to pay the amount due and and advise that if payment is not made you will issue proceedings in an Employment Tribunal. The only 'preparation' you need is the amount that you are owed. Send by Recorded Delivery.

 

If no payment then complete an ET1 online - you have only three months in which to issue this and you are running out of time.

 

You had only 6 weeks service so you can't claim for unfair dismissal - it matters not whether you were dismissed or resigned. It matters not whether this was a retaliatory dismissal - you still have a right to notice. It matters not that the employer is trying to paint you in a poor light - you still have a right to notice. The email will be conclusive evidence that you were told to leave immediately, so the employer cannot argue anything else.

 

Get it done!

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My claim was filed in October and I am now just preparing my case. I have received the ET3 and the company, while not directly saying that I left by my own choosing, are suggesting it. Although they do not reference this email in there response, the lack of reference is significant by itself. I would be drawing the tribunals attention to this absence as I believe the company are not being 'entirely honest'

 

Most people I have spoken to, have, like others on this forum, said this email sounds like a termination which is exactly as I treated it, as they have asked me to leave immediately.

 

So far though, one person has suggested that maybe they were trying to put the onus onto me and making it look like I have waived my notice period. Although, there is no explicit email from me saying stating this.

 

As I said, this is a retaliatory dismissal - and I am trying to make sure all the i's are dotted and all the t's are crossed.

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