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    • Hi guys, Wondering if you can help me. I received a claim form from County Court Business Centre, Northampton for Private parking fine I received back in June 2018. I wasn’t wise in responding to any letters to date hoping it will go away which is my bad hence landed on this site for help.   Here are all the info you may need:   Name of the Claimant – UK Car Park Management Claimants Solicitors – Gladstones Date of issue – 10/06/2019 (Deadlines - 29th June for AOS & 12th July for Defence) Particulars of claim: ‘The driver of the vehicle with registration xxxxxx (the vehicle) parked in breach of the terms of parking stipulated on the signage (the contract) at 93-101 GREENFIELD ROAD – LONDON GREATER LONDON E1 1EJ, on 11/06/2018 thus incurring the parking charge (the PCN). The driver of the vehicle agreed to pay the PCN with in 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability THE CLAIMANT CLAIMS £100 for the PCN, £60 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £11.69 pursuant to s69 of the County Court Act 1984 at 8.00% per annum, continuing at £0.4 per day.’ Value of the claim - £246.69 The claim has been issued by the Private parking Company Date of the infringement - 11/06/2018 Date on the NTK – 14/06/2018 They took two pictures of my car and printed them in the letter  As mentioned, I did not respond to any communications. I received, NTK, Formal Demand letter in July 18, two DRP letters on Aug 17 and one in Sept 18, and three Gladstones letter in Oct 18 and then ‘letter before claim’ in March and April 19.   I will do the AOS asap and send a SAR to UK CPM.   Please help me with a writing a defence, I have already read through many, but they are a bit overwhelming as I am not sure what my grounds are. I am sure the driver did not agree to pay anything as they have stated in the particulars of the claim. This was a Camera PCN so whoever was driving the car would have not known that they received a PCN. Also, I have visited the car park to see the signage and they are appalling. They are affixed high, with tiny fonts and the signages are blocked with bins and other materials so you can’t get close to it. There are no signage at the entrance of the car park.   I look forward to your response.   Thank you
    • Hi dx,   Latest info is:   "The court has received an Incidental Application from the respondant". That will be my letter from Cabot advising that they cannot legally proceed with the case. "The Sheriff has received an objection from the claiment to the Incidental Application".   I have now received notification that the sheriff has ordered the case to be restarted.    
    • you should have been reading up on charges reclaiming in the down time.     CISHEET enter every charge on the date it was levied put their avg int rate in D15.      
    • get your finger out. you must reply to the letter of claim as stated in every PAP letter thread here regarding drydens/erudio and old SLC stuff.   go ring slc and ask the date of your last deferment.   if they refuse, quote them the two acts prevention of fraud and  data protection act. that they MUST hold data for 6yrs under both and if they wont give the data you will be immediately phoning the ICO and raising a serious complaint against them. now if they don't hold the data, as its over 6yrs old i'd say its safe to say the debt is statute barred reply to drydens PAP as per the other threads here send our SB letter DO NOT USE THEIR REPLY PACK.   use our in our PAP thread.
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county court claim for breach of contact. help with court procedure.

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I was supposed to recive a performance related bonus but it was witheld.

The reason given was its because i recive a monthly bonus for something else.

The problem being is other staff recived the bonus and they also recive monthly bonus too.

Can my company do this? The bonus was not contractual but i have been singled out for no good reason

I am looking to take this to a tribuneral, does anyone belive i have any chance? I also feel like pressure is being put on us to resign but thats another thing.

 

Thanks guys.

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What you can do about this really depends on the reason, whether stated or believed, that the bonus was withheld.

 

A non-contractual bonus will always have an element of discretion either in terms of what is paid to a particular member of staff, or whether it is only awarded to certain people. The huge danger, where any element of discretion is involved is that it leaves the employer wide open to an allegation of discrimination as would seem to be the case here. You feel understandably aggrieved that others have received a bonus which for no good reason has not been given to you.

 

The employer now needs to clarify precisely why you have been denied both elements of the bonus, and if not then you can draw your own conclusions - they may be right, and equally they may not be, but the point is that unless the employer explains in more detail, you will never know.

 

Discrimination, although it has clearly happened in terms of a detriment being suffered, is only actionable however where the discretion is due to certain protected characteristics, such as Sex, Race, Disability, Age, Sexual Orientation for example. If you were able to demonstrate that only male staff received the bonus, and you were female, or only able bodied staff received a bonus, and you are disabled, then you might have a case.

 

Sadly if it is simply a matter of the boss not liking you, or you having an offensive face, then it becomes far more difficult to do anything about it.

 

In the first instance, you should raise a grievance stating that you feel that you have been unfairly treated and that the reasons given for withholding the performance related element of the bonus have not been equally applied. You are aware that similarly performing colleagues have received both bonuses and feel that this is unfair.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thanks for the reply. I have already raised this with the h.r department clearly stating that other staff got it etc only to be told no. I have been informed there is no more options left for me to raise this internally so i feel the only option left is a tribuneral. Thanks again for the reply but i will press ahead with proceedings and see what happends.

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There was also a email sent a few months back to my team threatening our jobs over performace. My whole team were the ones who never got this bonus even though we hit the targets set. Could i use this email as a reason we were discriminated against, as it feels they are some what trying to constructivly dissmiss us.

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How long have you worked in your job?

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Thanks for your reply, i have been with my company about 4 years.

Would that be a factor in the argument?

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Hi could you clarify somthing please you said initially that you didnt get a bonus but later on you state that your whole team didnt get a bonus, I am not sure if this would be discrimination as such if it were the whole team.

A bonus is usually discretionary and not contractual, are the rest of the team willing to be part of a formal complaint? the reason I ask is that if you lose you may well be the one that finds themselves out of a job( for whatever reason)


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1- is the statement I write on the et1 form the one I must read at the tribuneral?

(I feel I never went into enougth detail thats why I want to write a new one)

2-on the et1 form you tick what you are claiming for, I never ticked constructive dismissal (i ticked other payments owed) but in my statement I put that I feel they are pressuring me to leave. Will I still be able to pursue it in the tribuneral? The tribuneral is about non payment of bonus.

Thanks in advance guys.

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1- is the statement I write on the et1 form the one I must read at the tribuneral?

(I feel I never went into enougth detail thats why I want to write a new one)

2-on the et1 form you tick what you are claiming for, I never ticked constructive dismissal (i ticked other payments owed) but in my statement I put that I feel they are pressuring me to leave. Will I still be able to pursue it in the tribuneral? The tribuneral is about non payment of bonus.

Thanks in advance guys.

No. The ET1 form is an outline of the facts and legal arguments. Your statement is a full account of the facts written by you. In it you must refer to the evidence you are presenting to support your case.

 

Are you still employed? You can make an additional claim for constructive dismissal, if you resign and ask that it be consolidated with your first claim for non payment of bonus so that both matters can be heard together by the Tribunal.

 

Posters on this forum say that constructive dismissal is hard to win as you have to show that the employer made it impossible for you to stay. Perhaps it is best to wait for the sack and claim unfair dismissal. I assume that you have been employed for 2 years or more?

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Cool thanks for the reply.

 

I think I will just stick then to defending the non payment of bonus as I am still employed by them and I dont have much evidence to back that part up, and they have not made it impossible to stay with them.

 

Thanks Dude.

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Hello

 

Firstly, it's important to note that it's an Employment Tribunal and not an Employment Tribuneral. It may seem pedantic, but the Judge isn't likely to have much sympathy with someone who hasn't even noticed that point!

 

Secondly, its a good thing that you didn't select the unfair/constructive dismissal check box, as if you had, your claim would have been struck out as the ET wouldn't have had jurisdiction to hear it, given that no dismissal or resignation had taken place. You can of course add this on at a later stage, providing you have over one year's service.

 

Given the nature of your claim, the ET may not even order witness statements to be disclosed. Usually, unlawful deductions hearings are fairly short (under three hours) and documents and statements aren't exchanged beforehand. The facts therefore are likely to all be dealt with on the day, and therefore you can elaborate on the day on the facts in the ET1.

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Tribunal,Tribunal,Tribunal got it now lol

 

No thanks for your points I will take them on board,

 

much appreciated.

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Hi I have a tribunal hearing set for next Thursday.

I and another member of staff have Similar claims and me employer applied to have these cases heard at the same time, and was successful.

A quick question for anyone who knows would it be an idea to write a joint opening statement, or would they require us to read one each?

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Right I handed in my notice on the 27/07 and at the time I had 5 days of outstanding holiday. I asked if I could take my holiday but was told too many people were of so they will pay me my holiday pay on top of my last pay cheque.

 

Today I was called into a meeting with my general manager and told that team leaders have raised issues with my performance. I compleatly denied all these accusations. In the end I was told to leave the company and the remaining days days left of my notice would be paid as holiday.

 

At that point I was escorted out of the building by the general manager and here i am.

 

I feel like I have been unfairly treated as effectivly they have terminated my contract without any investigation or anything. I was wondering where I stand with this as i feel i have been done over by a company I have worked for for over 2 years, and I am looking to take them to a tribunal

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Hello there.

 

So have you been dismissed and have you lost financially please?

 

My best, HB


Illegitimi non carborundum

 

 

 

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You need to appeal against the dismissal. Have there been any previous concerns raised over performance? Any warnings? Have any specific examples been given?

 

You may well have to be tough over this - a dismissal on a reference would not look good!


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What were the issues with performance? Can you elaborate?##Were you having problems in the job and thats why you felt you needed to resign?


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Well my genral manager brought up examples where they thought i was not performing in my role, it was not a dissmissal as such they just forced me to leave and forced me to take the remaining days of my notice period as holiday.

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As paid holiday or unpaid?.

 

If they are paying you for the days you were due to work and have now been told not to come in on, as well as the outstanding holiday pay ... You haven't lost out financially.

 

They might also say "we've been able to give you that holiday you were asking for, after all!"

 

Have you suffered any financial loss from where you would have been if you'd handed in your notice & they had granted you the (paid) holiday you'd asked for?

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No i dont think i have but they have effectivly termitated my employment with no notice

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Are they paying you less for "no notice", or paying you the same as if you were working out your notice, but just giving you your (paid) holiday & "gardening leave"?

 

If you haven't lost out financially, it's just that they are paying you whilst telling you " don't come into work" : then it's not "no notice period"?

 

In what way have you lost out?

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If not financially then he/she has lost out on a possible valuable reference.


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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That's not a cause of action : reference is at the whim of the employer - they don't have to provide one, only that if they choose to do so that is accurate.

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That's not a cause of action : reference is at the whim of the employer - they don't have to provide one, only that if they choose to do so that is accurate.

 

Whilst this is true, my main concern would be that the previous employer could quite reasonably and accurately indicate that the employment was terminated for performance issues. In a reference that is tantamount to a dismissal and is for issues which the OP was given no opportunity to correct. Even IF there were genuine concerns over performance, the employee would be entitled to receive a period in which to improve before being dismissed, and has not been given that due to the timing of the resignation. That would not be clear on a reference, and is a world away from an employee resigning WHILST The subject of disciplinary proceedings.

 

IMO the OP needs to clarify the terms under which they left and reach an agreement over any future reference. At the very least, the previous employer needs to understand that the OP was effectively dismissed without due process and that any negative indications shown on a reference may be actionable.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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It certainly sounds like an unfair dismissal case, they have effectively ended your contract by escorting you off the premises, technically you have lost out on pay from the date you were escorted off to the date you put in the resignation.

Unless of course they have put you on garden leave, which means they continue your salary until the date you are technically leaving, and then put your holiday pay on top. It certainly doesnt sound that way.

 

From what you have said i see this is what happened. You resigned, they interviewed you for poor job performance and escorted you off the premises without a proper investigation or giving you chance to put forward a defence, is that correct? That does constitute unfair dismissal and you should put in an appeal asap. They will probably ignore it.


I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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