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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Advice please with written warning.


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I`ve recently received a written warning for not checking a piece of equipment or ticking the appropriate box in the equipment log confirming my check.

 

For some reason I was of the impression that the necessary checks had already been carried out, anyway thats another story now, I`ve accepted the written warning.

 

The written warning I`ve been told stays valid for a year. I`ve now requested that I would like to be removed as one of the authorised users of this equipment ( thus eliminating the possibility of this scenario happening again ) but the company I am working for say this is not possible.

 

I don`t get any extra pay for being one of the authorised users, so from my point of view I don`t understand why the company are refusing my request.

 

Would appreciate any help and advice on this matter please.

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Can you give us more background on this issue? It is hard to help you without more detail.

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Hiya,

Unfortunately in any event it's unlikely this will be removed as the cause of action was what previously took place.

If you are outside of the time for appealing (normally 5-7days) you will likely have to accept the penalty.

Sorry.

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Can you give us more background on this issue? It is hard to help you without more detail.

 

Many thanks for your reply. Just to clarify I am prepared to accept the written warning but I would like advice on whether I could withdraw my name from the list of authorised users for the piece of equipment. In my opinion there are sufficient employee numbers to cover the equipment, female workers are not trained to use it for some reason and as mentioned previously I don`t get any extra pay.

 

Hiya,

Unfortunately in any event it's unlikely this will be removed as the cause of action was what previously took place.

If you are outside of the time for appealing (normally 5-7days) you will likely have to accept the penalty.

Sorry.

 

Many thanks for your reply and the details enclosed. It has been nearly ten days so I am well outside the time limit to appeal however my main concern is why they won`t let me withdraw my name from the list of authorised users.

 

 

does your contract state something like "any other reasonable duties"?

 

Thank you for replying to my post. I believe it does but not 100% sure, I`ve tried to locate my copy but I am struggling to find it at present due to recent house move.

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Steve, if it does, asking you to do this task will probably be deemed "reasonable."

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

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Thanks very much Emmzzi for your reply, I kind of assumed that would be the case. I was hoping the company may have been more accomodating with my request to be withdrawn from the list of authorised users. This would avoid the possible scenario of the same situation happening in future.

 

Really appreciate your interest in this thread, thankyou.

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You can always ask to be removed from the list of authorised users, but what would be interesting is the reason for them saying no.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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If female staff do not have to do this "reasonable extra duty" (most employment contracts include this proviso) then that could contravene the Equality Act. If you are merely being petulant because of the warning, then I would forget it. If you feel strongly it is unfair then lodge a grievance citing discrimination; however, this is big step.

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Steve, if using the equipment is part of your job it would be difficult to insist that you are removed from the list of authorised users. The company may take the view using the equipment is just part of your normal duties. It might be better to make sure that the checks are always carried out - you now have a very good reason for being arsey if anyone tries to take shortcuts.

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If female staff do not have to do this "reasonable extra duty" (most employment contracts include this proviso) then that could contravene the Equality Act. If you are merely being petulant because of the warning, then I would forget it. If you feel strongly it is unfair then lodge a grievance citing discrimination; however, this is big step.

 

Thankyou for your reply.

 

I don`t think I am being petulant because of the warning, I was enquiring about being withdrawn from the list of authorised users for self preservation reasons, if I am not authorised to use the equipment then there can be no repurcussions regarding my written warning. Hindsight is a lovely thing as I understand and appreciate I should have been more vigilant and observent in carrying out the daily checks and ticking the check list log. So with jobs being scarce these days you can perhaps understand my thinking especially when I am presently employed full time, many jobs these days are advertised as zero contract hours with some ranging from 0 to 16 hours but very very few with more contract hours than this.

 

I am reluctant to place a grievance citing discrimination as I am very much aware that previous employees who have logged complaints or placed grievances have.....................................lets say............not stayed very much longer in the company employment.

Edited by Steve C
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You can always ask to be removed from the list of authorised users, but what would be interesting is the reason for them saying no.

 

I have asked and got an abrupt NO. Thought it best not to ask a second time.

 

 

Steve, if using the equipment is part of your job it would be difficult to insist that you are removed from the list of authorised users. The company may take the view using the equipment is just part of your normal duties. It might be better to make sure that the checks are always carried out - you now have a very good reason for being arsey if anyone tries to take shortcuts.

 

Thank you very much for your reply. Sound advice.

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