Jump to content


  • Tweets

  • Posts

    • more detest the insurrectional ex variety dx
    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (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; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Disciplinary issues


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4095 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Look at it this way they have only taken your van away for now, they may well give it back again, I would assume that at the moment they want you inside so that they can see you are doing your full hours, I would accept it with a good grace and just do what they ask, at the end of the day you are on a final warning (yes it may be for a long time but at the moment I would say that isnt the issue), you did take unauthorised time off ( yes i know you stayed late but again at the moment that isnt the point) just knuckle down keep your opinions complaints to yourself and you may end up keeping your job and benefits (van) complain too loudly or too much and sure as eggs are eggs you wont have to worry about JSA if you resign as IMO you will have been dismissed.

Not sure why it is a problem using a motorbike to get to work I would say it will actually be a lot quicker than a van and its not that far only about 20miles

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

A few points, how do they know you misused the van? Surely the parking ticket was not for parking 2 hours? Is your lunch break fixed hours? Do you have a written policy on van use, since you can take it home going off borough surely must be permitted? What is the written policy on parking tickets, usually its that you pay them getting dismissed for ruining the Councils good name by parking on a yellow line is a joke.

Link to post
Share on other sites

I would say they dont know the van is mis used but he collected a parking ticket in an area where he wasnt supposed to be and at a time when he should have been working, any employer would want an explanation about this regardless of policy on van use, times of lunch breaks etc etc

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

I would say they dont know the van is mis used but he collected a parking ticket in an area where he wasnt supposed to be and at a time when he should have been working, any employer would want an explanation about this regardless of policy on van use, times of lunch breaks etc etc

 

How would they know the ticket wasn't obtained during his lunch break, only the OP knows he went for 2 hours? If he is permitted to use the vehicle during his lunch break the only problem should be him paying the PCN.

Link to post
Share on other sites

How would they know the ticket wasn't obtained during his lunch break, only the OP knows he went for 2 hours? If he is permitted to use the vehicle during his lunch break the only problem should be him paying the PCN.

 

do you alway take luch as soon as you have started then?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Time of the PCN and also was it too far away to have been there on his lunch break. IMO the OP did wrong and looking for reasons why the employer is in the wrong is not the right way to go about it. He should have been at work, wasnt, didnt tell his boss he had to go back home (which would have been the normal way) stopped for a paper when he was away from the place at work, at the wrong time of day, and got a parking ticket. Now the boss has taken away the van so that he has to worked at a fixed location so they can see if he is doing his full hours, I honestly dont see what the problem is at least at the moment he is still working.

Also as a matter of interest what hrs do you work? and I hope you are not using the works oc or time to post, sounds daft but as they are being particular about hrs/times dont give them any more causes to pull you up.

Edited by assisted blonde

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

Hi guys i have already posted on hear that i might be facing a disciplinary, but i returned to work yesturday which normaly involves me driving around the borough in a van and taking it home. however due to the possible disciplinary they have told me that i cannot go out and must stay in the office for the whole day 08.00 to 16.00 until if they decide if its going for a disciplinary,which could be anything from 2 to 3 weeks, and they have taken my van off of me, and i was not told that this would happen i had to get a cab home yesturday costing £40.00, now the problem is i now have to make my own way to the office on my motorbike, i live in Brentford and the office is in sutton, i have always been supplied with a van as it says on my job disrciption, to be supplied with a council van mobile phone and a camera and i have these since 2002. by the way the disciplinary involves me getting a parking ticket outside the borough. i feel like resigning but would i get any jsa???????DC

 

Why would you feel like resigning???

You have broken the rules and they seem quite justified in the action they have taken so far.

Does your job justify you having the van. Is it an essential part of the 'tools' of your job to have it?

I think you are acting very hastily with wanting to resign.

Jobs are'nt that easy to come by these days, so I would bite your tongue and see what happens re the discaplinary.

I can understand you feeling unhappy with them for changing your position to being office based, but I would just be thanking the lord I still have a job to be honest.

Link to post
Share on other sites

Hello there.

 

Just to add to what's been said, if you resign whilst under investigation, it can go on any reference given about you.

 

As for JSA, I don't know if you have a thread on the benefits forum, but that's the place for this particular question. There can be a problem if you're considered to have made yourself deliberately unemployed, I believe.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

The van is in the job description not your contract? And currently you are doing a different job, yes? No recourse, you need to pay the petrol for your bike. I 100% would suck it up in your position.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Time of the PCN and also was it too far away to have been there on his lunch break. IMO the OP did wrong and looking for reasons why the employer is in the wrong is not the right way to go about it. He should have been at work, wasnt, didnt tell his boss he had to go back home (which would have been the normal way) stopped for a paper when he was away from the place at work, at the wrong time of day, and got a parking ticket. Now the boss has taken away the van so that he has to worked at a fixed location so they can see if he is doing his full hours, I honestly dont see what the problem is at least at the moment he is still working.

Also as a matter of interest what hrs do you work? and I hope you are not using the works oc or time to post, sounds daft but as they are being particular about hrs/times dont give them any more causes to pull you up.

 

Maybe we should just all revert to lecturing people rather than giving advice!! The OP made a mistake, made up the hours and is now worried about his job I'm sure he is stressed enough without getting your sanctimonious views!!

Link to post
Share on other sites

No not scantimonious at all just stating facts, there is IMO too much I have done wrong but lets try and blame the employer in a lot of cases and I honestly think that looking for reasons to have a go at the employer is not always the right way to go about things. Yes I appreciate that he may be worried aboiut losing his job, but I cannot for the life of me see what having a go at the employer is going to achieve, I think that the reason the employer has taken the van for now is so that he can moniter the employee (not unreasonable really in the circimstances) from an employers point of view ,although he may have only seen tis one instance ,I would expect him to be thinking is this the first time its been done or is it just the first time he has been caught out?. I am not saying that the OP does this on a regular basis but try and see things from the employers point of view as well as the employees,, the trust that he puts in his employees has been broken and somewhere along the way it needs repairing, as the OP was in the wrong this time I think it is up to them to show that they accept this and are trying to make amends, I think there are times when having a go at the employer is justified in this instance I am not convinced it is the best way forward.

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

green, he was on a written warning, he did a dumb thing. Should we just advise all will be well? Hugs don't always help....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Hi gang i would just like the forums ideas on this please.

I have been called into a disciplinary investigation because i work in the field not office based in sutton surrey, but one day i left my front door keys and wallet at home by mistake, as i am self managed during the day but only get half an hour lunch i raced home in the company van i am supplied with which i also take home every night and at weekends by the way to get the items i live in Brentford roughly about 20 miles from sutton, on the way home i stopped to buy a newspaper and got a parking ticket which i have always said i would pay the whole journey took about 2 hours to complete but i stayed on to make the time up but the company cannot check this. but they are saying that it was missuse of a company vehicle,unauthorised absnce, contravention of a traffic regulation whilst using a company vehicle incurring a penalty fine, potentially bringing the council into disrepute. And this is contary to the councils code of conduct disciplinary rules and procedure. I am very worried they will sack me for this any advice please.

D.C.

 

Hi Silverwing, I am no expert in these matters though have sat in on quite a few disciplinary cases for my company. What has seemed to work well for both our company and drivers is to come clean and admit all:

 

missuse of a company vehicle - yes, apologise and offer to pay for the fuel if need be so the company has suffered no loss.

unauthorised absence - yes, apologise and confirm that you have already made up the time so the company has suffered no loss.

contravention of a traffic regulation whilst using a company vehicle incurring a penalty fine - offer to reimburse the cost of the ticket so the company has suffered no loss

potentially bringing the council into disrepute - possibly IMHO any council will not suffer much disrepute form getting a parking ticket, but that is just my opinion.

 

My lot come down quite hard on the drivers who try to bull their way out of things but even then dismissal only comes after all other avenues have been exhausted, even considering the harship it may cause to the driver's family. Drivers that play ball are looked upon quite favourably. Sorry its not expert advice just the way things are my with lot and hopefully you can bear this in mind at your hearing.

 

Good luck

Link to post
Share on other sites

You seem to have missed the point, no one is having a 'go' at the employer I was trying to assist the OP in his defence. If he hasn't got the correct written van use policy then despite what you think he hasn't done anything wrong. If he hasn't got a fixed contract of hours that specifies when his breaks are to be taken and how long they are then again he hasn't done any wrong, plenty of Council staff work flexi time and I suspect you have not seen his contract of employment. Following the correct procedures works both ways the employer also has to adhere to the rules.

Link to post
Share on other sites

So its not wrong to go back home when you should be working and not tell anyone? never mind the reason? I would have thought Health and sfety come into that, suppose there was an accident at the work site, emergency services could waste and awful lot of time looking for a person that actually wasnt there.Yes lots of Council Stafff work flexitime but they book in and out and TBH councils are in general quite flexible abouit all sorts of things, but there could be a lot more to this than is immediatley obvious, as is usual we only hear one side of the story.

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

So its not wrong to go back home when you should be working and not tell anyone? never mind the reason?

 

 

It would depend on your contract, I used to work in middle management and just worked when I felt it best suited the needs of the business and my workload. Provided my work was done my employer trusted me to work 35 hours a week and I was judged on my performance not counting every second I was in the office.

The OP has already stated he didn't work on site so why would they search for him in a fire etc??

Link to post
Share on other sites

Because he must be working somewhere and therefore even if in the road (ie roadworks) he must be able to be accounted for, and if he was in a buiding same thing. You must work somewhere?

 

Total rubbish, there are countless jobs that involve being out of the 'office' without the employer knowing your location.

Link to post
Share on other sites

I suspect this is moot; OP has not been back to clarify anything so it's all academic debate.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

  • 3 weeks later...

Hi gang just an update, i have now got another investigation interview tomorrow as they have now said that i have contacted a witness in the case, and discussed the disciplinary which i cant remember because i am always now in the office people are asking me whats going on all the time, as it is so unusual for me to be here, to answer some of your questions, i dont remember signing anything regarding use of the van, i dont clock in or out, DC

Link to post
Share on other sites

  • 3 weeks later...

Hi Gang its now 26/03/2013 was origanlly interviewed 18/01/2013 still have not heard if this is going to a full disciplinary yet ???????????????

still have not had my van back having to travel to the office on my motorbike every day and still i am being kept in the office not allowed to go out. i feel i have been trated like a naughty little school boy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...