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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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Probation extended - poss on road to dismissal


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Looking for a little advice. First post, but this has been playing on my mind for a few days.

 

Story.

 

Got a perm job through an agency. Not a bad number. Job was sold as accountant PLUS review and improvement duties.

The team i joined, long standing small team been there for between 15 - 6 years. I am the first new person for all that time.

One line manager. One Director.

 

Director wants improvement, that why i was picked, he calls staff meeting to tell everyone. Line manager does not, and states that his way is perfect and i must not attempt to do what employed to do. I am told i must never communicate with Director without first going through Line Manager.

 

6 weeks into job, friction within the team, expected but sorted. Now fully integrated.

 

12 week review for probation period, and line manger says that though i am doing the job, and now integrated, never late, always do what i am asked etc he felt that i didnt spent enough time with him. Though he also said that there is never enough time for him to spend with me. 6 weeks previously i asked for objectives so that i can make sure i meet his expectations, he refused.

 

Bottom line. My line manager if very competitive, feels like he is never to be questioned etc. He finds me a threat, as the Director wanted me to improve the existing processes, on paper i am higher qualified etc, but i am always keen to learn. I feel that he wants me removed as he doesnt like the competition. The conflict stems from the Director and line manager, i am just stuck in the middle.

 

I have started looking for another job. I will continue to remain fully functional in the organisation. I will not question, and will always do what is requested. He may change his mind and keep me on. Either way i cant stay and will make efforts to move as i am clearly not wanted by the line manager, i accept that.

 

So here's my question.

 

I have no legal rights. I know, i looked into it.

Should i "formally" raise my concerns to the Director now, or wait until i am told they wont keep me on?

Should i just shut it and suck it up?

Should i "formally" complain after being told to go?

 

I dont think the Director knows the line managers stance regarding the review, and i have my concerns about the line managers approach to many things including HR management and professionally. Once asked to leave, i have little reason to carry this on, but professionally i feel that the company is suffering because of the line managers approach. This is in direct conflict of the shareholders requirements.

 

Any ideas?

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I am concerned about how you can improve the line manager's processes, without involving him. You seem instead to have alienated him.

 

First rule of continuous improvement, involve the people that both do and own the process, or your brilliant changes will have no stickability.

 

What does your line manager think it is important that you work on?

 

I would have another crack at improving the relationship with him and clarifying roles, responsibilities, and approach. If you can't get anywhere with that for whatever reason, it's not the job for you.

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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I agree, its impossible for me to help improve processes when the process driver doesnt want it! I have tried to involve him, it seem to just inflame him, so for the duration i have done nothing on the project.

 

The situation seems to be a battle of wills between the two, and as you rightly note, i think any suggestions i make now would have little longevity.

 

The line manager seems to feel that our relationship is lacking. He doesnt give any clear indication as to what it is he wants me to improve on. During out meeting he frequently contradicted himself. "This team is a good team" going on to say "I dont want you learning their ways because its all wrong, and my way is right" ......"I want to know what your doing all day, but i dont want any lists, daily updates etc". Its really very clear that i cant win either way, and actually dont want to fight.

 

I think i will just zip it. Wait, but keep looking for a new job. I dont think its the right place for me, but i think i came to that conclusion within a month anyway. The business has had many "problems" in the past, yet the core staff remain which indicates a deep rooted problem rather than a market problem. Such a shame.

 

Thanks :)

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main thing is not to let it dent your confidence. old family style firms can be impossible if you have come from a more commercial background and I often think they should get contractors for the work you are doing, not permies.

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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It does keep me awake. I think about all the silly personal things, but then my rational brain tells me that its not really me, i am just stuck in the middle. I also know that were all different, and not everyone can get on with everyone. When i smile it might be read as a grimace, when i laugh people might think it sarcastic, emails can be read any way you want depending on your mindset etc etc.

 

The biggest problem really is making sure i get something else BEFORE he makes his final decision, because i don't think most people can afford to not work....i know i certainly cant. And the impact on my CV will be harsh to say the least.

 

I think your right, i would have loved to have done that improvement work as a contractor, it would have been a delight to prepare a pack for them without being stuck in the middle of operational tasks and arguments between two key players. Independence is a wonderful thing!

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I can not say with 100% confidence. Though it does appear that my appointment was rather more influenced by the Director, unfortunately though i havent been able to deliver what it is he wants due to the objections of the line manger, which givens him a stronger "excuse" to seek an extension to potential dismissal route.

 

Having considered it more though it seem rather odd to me. Legally i have no rights for 2 years. Legally they can dismiss me without any repercussions during that time. So what value is extending my probation other than to impart a element of fear? Its very odd.

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How long has the line manager been at the company and is he qualified?

 

Unfortunately, there are some managers who feel threatened by any suggestions made to improve performance/productivity.

 

You are a numbers person, so give him the facts and figures. If he doesn't shift then you are wasting your time there.

 

Should you leave, explain the situation to the director.

 

Also, there is nothing stopping you from contracting - why don't you speak to the Director?

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