Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. 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 car park 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • 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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3745 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

when you get the result in writing, appeal.

 

not much else you can do unless you want to get a restraining order against him

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

you need to ask a solicitor, and it will cost, but it will mean if successful he cannot come within x metres of you

 

No, he wouldn't be able to work with you

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

i cant afford that. do u guys think it seems fishy how he is alowed to get away with all this

 

indeed i do if i take only your version of events, that said i've learned there are usually 2+ versions of every story when you take both sides opinion, emotions and especially interpretation into account.

 

that said if all of this is 100% backed up by evidence using the same words you have you can consider appealing the decision but i can only see two reasons for this

 

a) your manager is inexperienced in employment matters

b) what i said above

Link to post
Share on other sites

What I find worrying is that someone accused of violence is working in a care home. Presumably staff are subject to CRB checks, and of course he's innocent until proved guilty, but surely there has to be a duty of care to the residents.

 

Im not an expert by any means but having worked in a care home am surprised this person hasn't been suspended pending the outcome of the trial. Bullying staff is bad enough, but exposing vulnerable residents to allegedly violent staff is quite another.

 

Is the home regulated by the Care Quality Commission? If so I'd be inclined to give them a ring, even if it's anonymously.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

What you could do is contact the police and let them know about the threats. They may well then issue a harassment warning.

 

If they do, then tell your employer, as they can't then continue to employ you both - and he could well be sacked.

Link to post
Share on other sites

  • 1 month later...

i am a witness in a case against a fellow employee. he has since sent me threatening text messages, and threatened me in town infront of other members of staff who have veriifed what i have said. i informed my boss of the texts and what happened in town and we had a meeting where i was told that

A. i shouldnt have brought the matter to work

B. i should not tell other members of staff what happened

c. i wasted managments time with the issue an just get on with it

 

 

also worth noting that the man recieved no punishment for this from manager. and that he has been warned by the police for harassing me. i dont feel able to work with this man as he has been convicted of serious charges in the past complying of abh assault drug dealing among others and i feel threatened in my workplace and i feel i have no managment protection due to him and my manager being good friends outside of work. what can i do and what are my rights please??

Link to post
Share on other sites

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

You should tell her you lied.

 

you are not judge and jury, what you think does not come into this, you should only give an account of what you saw.

 

it is up to the people looking into the case to make a decision.

 

you have added information that is untrue, if believed it will stop the person getting a fair hearing.

 

I was in a similar situation, a work college was asked to attend a fact finding interview about an allegation against me and asked me what he should say. I told him to tell the truth and say what he saw, I asked him what he saw and he proceeded to tell me all about the alleged incident by way of gossip he had heard, I told him there was no way he had seen that happen and he agreed. I told him to tell what he saw.

 

If he had not spoken to me the case would have probably been proven against me from a statement formed from gossip/hearsay which was totally untrue.

 

For information the allegation against me was unfounded, witnesses should stop reading between the lines and thinking they are helping out. If you are a witness, say what you saw and don't add 2 and 2 together and come up with 5. You will(hopefully) come unstuck.

 

I would not think a statement taken by your employer will have any place in a court, the defence would have it thrown out .

 

However if your employer is aware by attending the court hearing that you gave her a different statement, then I would think she would want to speak to you.

Link to post
Share on other sites

I understand you have seen your statement now and were imagining it all.

 

yes my statement is the same as i told the police. (truthfull). i just got confused as all.

 

whats happened recently is that he threatened me via text and then again in town in full view of 2 other colleagues. yet all my boss has done is this:- told me to forget the issue and put behind me, get over it, dont bring the issue to work again.

 

the police issued a stage one harrasemnt order. because he was harrasing a witness. yet our boss has done not one thing about it workwise. im not happy at this as what kind of message does it send out??? she also said that she dosent have to do a thing because it happened out of work. also worth noting that they have been friends for years.

 

iv had a guts full and ontop of this i was due for more hours come april but this has since been revoked, with no reason given.

i also recieved a christmas bonus of £5 whilst all other employees recieved atleast £20

Link to post
Share on other sites

This does seem a strange situation.

 

I would class this as a work matter if an employee threatens another, whether at work or not.

 

Has he continued after the police warning, I would imagine he is on bail, doesn't this have any influence on the matter.

 

Since he hasn't been found guilty yet, your employer may be waiting the outcome of the court case.

 

regarding the extra hours and xmas bonus, I think I would want the reason.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...