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    • Please accept my apologies for the delayed update, but i have been trawling through emails for supporting evidence, you see we are in the consultation phase and there will be three meetings during the process. So as i have said  my role is at risk due to the scoring and mine being low. As explained i never received my report as my line manager left during December and i was on leave. So i was not afforded any meeting, i received no feedback at all, so how am i meant to know any areas to improve or to attain a higher grade. So with this in mind i gathered my supporting evidence, i found the email from my then line manager and the objectives that he set out and we agreed.   I then supplied 20 emails that  showed that not only did i reach the targets, i smashed them, highlighting areas that i had saved the company a considerable amount of money, idented issues  implemented process and solutions with ongoing support. All emails are verified and prove that i should have received the highest possible grade going by their criteria. I also included the email from HR when i challenged  the score and they replied with " the outgoing manager supplied thorough feedback to the incoming interim manager who should have provided this (this was never received, and report i received was blank with just a score. Highlighted was the email from HR stating " a two is not a concerning grade"  well clearly it is as less than a month later it is what was used to decide i was at risk. I have supplied this information to the line manager and the external HR rep that was on the call as i have 48 hours to supply this. Had i had a proper and fair review like everyone else had then i would have been able to provide this evidence when he issued the score, he could not argue with the sheer volume of evidence that i had. This proves what was said to me when i took this position, " there was some politics in me getting the role, their line manager had promised the role to one of his guys, they cant really do anything but watch your back" He should not have promised this anyway as two interviews were required in the process *which i sat) so i earned the right to the role. This was because the three of them knew there was a lot that would be uncovered and they wanted it covering, i started to see this after two weeks, had i not said anything then it would have looked as though i was incompetent or stupid. I did try to work with them on this to remedy but sadly they went the other rout instead.    
    • He'll be asking Truss for advice and help next ... or maybe go straight to a lettuce He already asked Swella How do you survive all those breaches of ministerial code etc She is rumored to have replied - dunno - if the positions were reversed, I'd have sacked me in without a seconds thought
    • Dear Stu. I have been very annoyed that they put this fee on my account right now, as you said the court might rule that i have to pay it further on. This sounds like a dodgy practice. Below is what the account manager sent to me when i asked her why this was getting added to my account right now. Is this legal what they are doing i.e. pre-empting the judges decision it seems. 'Thank you for the email.  The court fees have been added to your account as you have not vacated the property. If the court decide that the landlord is not able to recoup the costs, we would remove the charge from your account.  At present, the court costs have not been deducted from the payment you made towards the rent.'
    • Yay!! Plan to submit tomorrow. Thanks for all the support. I'm so out of my comfort zone. Will keep thread updated and continue reading. Just want them gone!   
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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.
      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.
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      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
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Just got a council PCN for not displaying my "Time of arrival" card alongside my B.B. on a single yellow. Usual £70 reduced to £35 if paid within 14 days. Just wondering, does the Not a genuine pre-estimate of loss gambit carry any weight here, or not apply to council PCNs?.

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I don't think this is to do with loss, I think it's as a deterent.

 

 

Having said that, it's not, it's just another mainey making rip-off by a council.

 

 

You should certainly appeal any way.

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Not a chance if you appeal on that basis. The council are legally entitled to impose a penalty. Private companies are not. Private companies can reasonably claim costs but cannot "fine' you - councils can, and that's what you have.

 

Are there any mitigating circumstances you could bring up instead?

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i thought and know from experience that when a D.D parks on a SYL or DYL that the CEO/Traffic warden on patrol needed to record what time he/she has seen the vehicle in their pocket book or on their handset, then if the vehicle has overstayed the time then a PCN can be issued. time clocks shoul`dnt really come into it. it is the time the vehicle is first seen, how it has been recorded and how the PCN has been issued.

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Thanks letsgetitsorted, I had a vague idea that that's what should have happened. The "Observed" time on the pcn was 12.02 to 12.04 i.e two minutes. and that was one of my appeal points. I had arrived before then of course but don't know if the ceo had actually recorded the first sighting. I went away before the 3 hours was up however. Maybe I should request to see some sort of proof that the car was seen earlier than12.02. The ceo did attach an extra ticket with the words "Your clock is missing or obscured so we do not know your time of arrival" which seems to indicate that 12.02 was the first sighting.

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the CEO/Traffic warden on patrol needed to record what time he/she has seen the vehicle in their pocket book or on their handset, then if the vehicle has overstayed the time then a PCN can be issued. time clocks shoul`dnt really come into it.

 

I can't believe this is true. If so, it would make the BB clocks completely redundant. The whole point of the clock is that the CEO can see when you arrived and whether you have overstayed or not, without having to have observed your car 3 hours earlier.

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I can't believe this is true. If so, it would make the BB clocks completely redundant. The whole point of the clock is that the CEO can see when you arrived and whether you have overstayed or not, without having to have observed your car 3 hours earlier.

 

...and you are right not to believe it. It isn't true.

 

There is a parking restriction of three hours. It's how long the vehicle is parked there which matters, not how long since a CEO happened to first see it. Without a clock correctly displayed, there is no way of knowing, and therefore a PCN is immediately issued for not using the BB parking concession properly. And since the PCN is instant, there is no requirement for any earlier observation time either - you either park with BB and clock correct, or you are in contravention.

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(4) Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that

 

(a)the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day;

 

(b)a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.

http://www.legislation.gov.uk/uksi/2000/683/regulation/8/made

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Thanks again everyone......I guess I'm really stuffed on this one. And just to confirm it I've just received my "Rejection of appeal" e-mail. 35 Sovs down the drain, but they

have extended the discount period for another 14 days. All heart aren't they?

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Thanks again everyone......I guess I'm really stuffed on this one. And just to confirm it I've just received my "Rejection of appeal" e-mail. 35 Sovs down the drain, but they

have extended the discount period for another 14 days. All heart aren't they?

 

Looking at it on the bright side if you learn from your mistake and use the badge properly in future you'll get 3 years of free parking in return for your £35.

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