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    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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Jon3

My offenders now try to sue me by accusing me of fake assault

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Hi all,

 

Few months ago I have been assaulted by several persons (causing serious and remaining injuries) and then made a complaint but for unknown reasons (despite of cctv clearly identifying my offenders) I have been informed that my complaint/file has been closed for lack of evidence: I am also trying to save money in order to move and later hire a private detective for an investigation regarding my assault with a better standards.

 

However, as I stiĺl at the moment working in the same area than my offenders, these lasts are trying to work by harassment and intimidation (obviously using other people (who even told me that my case could be worst)).

 

Few days ago, one of their friends who is a lady wrongly accused me of assaulting her and callex the police to me.When I have been put on custody by the police due to the wrong behaviour of some officiers (an few days before) I signed a statement drafted by a custody solicitor saying that I recognised a crime I didn't commit. I have been now wrongly charged for a common assault that I didn't while I am innocent (I have refused the caution).

 

The trial at a Magistrate Court will be next tuesday but despite of my low income I have not been granted legal aid.

 

As a resutlt I would like to know how I can make my own defence. Can I send a written statement to the court before the trial (by special delivery explaining that I am totally innocent)?

 

Thanks in advance.

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Have you asked if there is a Duty Solicitor at the Court you are attending ?


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I think you need some specialist help, most of us here have dealt with civil matters, I have no idea about your situation but it sound rather suspect, I don't believe an appearance in a mgistrates court can be dealt with by a simple letter proclaiming your innocence.

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No, I haven't this since it seems impossible to have them on phone.

 

Ideally, what I would like is to postpone the trial for three months in order to pay by myself my own solicitor.

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I think you need some specialist help, most of us here have dealt with civil matters, I have no idea about your situation but it sound rather suspect, I don't believe an appearance in a mgistrates court can be dealt with by a simple letter proclaiming your innocence.

 

My written will contains reliable facts with reference numbers (explaining the wrong statements I provided when I was in custudy) provided by the police, especially one day when I have been hit on my bike by a car at a high speed (I believe on purpose) but instead of doing their jobs in accordance to the officers prferred to make jokes with the unlawful driver and refused to make any investigation.

Edited by Jon3

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Hi Jon3

 

I am no expert

But I think you will be asked to plead, Guilty or not guilty

then it will be up to the cps which way they go.

I wish you luck

 

Leakie

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If you feel that convinced you are innocent then plead not guilty. You will be given the choice then if you wish to be tried by the magistrate or Jury at crown court. A barrister will then be appointed at public expense for crown court

 

Not sure though if common assault is an either-way offence to be given that choice. Depends on injuries sustained

 

I am sure common assault is just a summary offence if a caution was offered so hardly a broken nose job. It can only can be dealt with at a magistrates court

 

Remember this is a charge of Common assault. Hardly Major considering you were offered a caution. If convicted at crown court the judge is not going to be impressed

 

You really do need top speak to the duty solicitor on the court day. Any consultation will be no charge for advice

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A caution was offered to me at the police station but I refused it. I am unfairly charged of an actual body harm with no injury.

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I confirm that it works fine (it was due to my android browser).

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