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    • Last June, 3.4m members received a £100 payment from the building society. Now they will be wondering whether the offer will be replicated this year.View the full article
    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
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    • 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.  

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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Zero Hour Contracts and Holiday Pay - ** RESOLVED **


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Apologies, I hit a wrong number on my calculator for the number of weeks in a year. Bit of a dumb moment. I've edited my post to fix the error.

 

Of course the exact figure may vary throughout the year based on changes to the 12-week moving average. My calculation assumes you get paid the same each week.

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No problem steampowered I thought I was close to an answer. So on assumption that the figures are correct 2315.38 / 28 = 82.69 per day

 

So claiming for 5 days holiday pay would give me 5 x 82.69 = 413.45 so my question remains How the hell can he pay me for 5 days totalling £350 (not precise but makes for easy reading)

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I agree with your calculation, assuming you are on a 5-day working week. Note that the legal right is expressed in terms of weeks not in terms of days - see Regulation 16 (1) of the Working Time Regulations (http://www.legislation.gov.uk/uksi/1998/1833/regulation/16/made).

 

You said in your opening post that "company accountant takes our average wage for the week and divides by 7 to get a daily rate". This is wrong since he would need to divide the weekly wage by 5 not 7, for a 5-day working week. However I'm not sure this error would explain the underpayment since it would result in you getting paid £300 not £350. When you refer to £350 I also assume this is pre-tax.

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Therein lies a difference. I work a 6 day week but I still don't see how this affects it as when I originally got my holiday pay I thought he was diving my weekly wage into weeks of 6 days but even then he would be underpaying the holiday by the end of the year. I know I am not entitled to any extra holiday as I work 6 days a week which I am fine with. Yes the £350 is pre-tax.

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You can't have both a zero hours contract and be subjected to a detriment (by reducing holiday entitlement/pay) on the grounds that you work a 6 day week.

 

So, which is it?

What does your contract say about your working hours/days?

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That might explain it. If a week's pay of 415 is divided into 6 days, and then multiplied by 5, you end up with 350.

 

The statutory right is to 5.6 weeks paid holiday. If you need to take 6 days of leave to get a week off, you should be getting 33.5 days holiday not 28. As per the link I posted, I think you should be getting a week's pay (calculated on the basis of a 12-week average) for a week's leave.

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  • 9 months later...

For those that ever remember reading this thread. This has at last been resolved. I waited until the end of the tax year and made an appointment with the accountant. Over the course of the year I accrued £2300 in holiday pay and had only been paid £1700. I showed my evidence to him and he accepted he hadmade a mistake and gave me some made up excuse. However I have now received all my outstanding holiday pay.

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Excellent news :)

 

A dfference of £600.00 ! I wouldnt want that accountant doing my books ?

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