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    • No I haven't paid anything, even when they have said I am in arrears, I have managed to get them t back off - not sure how, but obviously not earning above the threshold and making various complaints about them...something obviously worked for a while.    So any advice as to what I can do now? 
    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. 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 simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.  
    • send the new company an sar specifically asking for all the data they received from Solarplicity dx
    • I will scan up some documents, if anyone could please check over them for me and let me know if my assumptions are correct.
    • The link given in my previous  post has been updated. (ensure to have a good read and check the links given)   READ MORE HERE: https://www.gov.uk/government/news/thomas-cook-information-for-customers-employees-creditors-and-shareholders
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Kakazam

Help understanding CCTV laws.

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Hey I'm currently facing disciplinary action at work and was looking through the previous posts on this site regarding the law with recording and watching members of staff.

 

A few weeks ago I was put under investigation over taking an 'unofficial break' during work hours.

 

I was in my department, had finished the majority of my work, it was a quiet day and the cameras had supposedly seen me sitting on the floor doing no work

(sitting on the floor is quite common with many staff due to the bottom shelves being hard to reach while standing).

 

I work for a large retail company who hire an external security company to monitor the cameras

and have been told that the managers of the store are not allowed to use the cameras to monitor members of staff in order to discipline them;

the cameras are there for security purposes.

 

However, I find myself in a position where the camera has caught me not working for a short period of time

and due to me sitting on the floor security have notified a member of management.

 

My problem is that I'm 99% sure and as are most of my colleagues that managers have been using the cameras to catch members of staff not working.

Yet in over three years of working for the company I have never heard of this action being taken place before.

Not only that but it is common for members of staff to be standing around for up to half an hour at a time doing nothing yet no action has been taken by security to notify management.

 

Is there any sort of way I have had my rights breached?

 

If management are allowed to watch cameras and use them to take action am I being picked on due to nobody else having this action taken upon them considering

I have a rocky relationship with some managers?

 

Thanks for any information

John.

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You need to look at the stated purpose(s) for which CCTV is installed. All data subjects must be informed that they are being monitored, and the purposes for which monitoring is necessary. You should have a clause in your contract, company handbook, or an accessible notice which states that CCTV is installed for purposes X, Y and Z - usually detection and prevention of crime, health & safety and staff monitoring. Any use of CCTV must be proportionate and relevant.

 

Crime prevention and health & safety are normally a given, and the latter will normally permit for a degree of 'incidental' staff monitoring. Of course if CCTV demonstrates that staff are not working then management will inevitably act on this, and that would almost certainly be lawful.

 

Unfortunately the fact that you have been 'caught' and others have not is not in itself a defence - you will have to try and prove that others are equally guilty and that the management know of this and are turning a blind eye - that and the fact that the amount of work is insufficient? You could try a challenge on the basis that their data protection registration does not permit the use of CCTV for staff monitoring, or that such use constitutes a breach of your human right to privacy, but that could well be a long and fruitless road.


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Hi

 

I would also write to HR of the company (always get proof of posting and keep a good paper trail) and request the following doucments:

 

(Now do not accept if they say its in the Employees Handbook as this will mostly be a shortened version of the actual documents, you want the full unedited versions. Also when you get these check the date they were approved and importantly the date they are next due review)

 

1. Disciplinary and Grievance Policy and Procedure. ( You want both)

2. CCTV Policy and Procedure. (You want both)

 

Also check your Contract of Employment for any reference to CCTV, and whether you may have signed a disclaimer for the CCTV to be sure.

 

These PDFs may be of some help to you:

Edited by stu007

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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.

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Thanks very much for the information. I will have a read through the attached files and request the information I need today. As for proof that other people do the same I will use my friend who is a supervisor as a witness at my disciplinary hearing who can reassure them this is something almost every member of staff does.

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It's fine now, I spoke to them today and I think they may have been spooked by me asking about legal documents. They aren't willing to take it any further and just put a note in my file to say I had spoken to them.

 

Thanks for the help, it's much appreciated, not only by me but also other members of staff regarding procedures.

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Hi

 

Kaz its a pleasure to have been of assistance and as long as your happy with the outcome thats the main thing.

 

Oh something to remember in case this issue with the CCTV comes up again since they have this they would also need to be registered as a Data Controller.


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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Bit of jargon mentioned and a quick step back, nicely resolved in an instant!!! Happy Christmas.

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