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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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Ethelwulf

Employer backpay problem

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I have an employment question!

 

My dad has won some overtime backpay, his boss will not pay him until he signs an undertaking not to pursue or bring any retrospective grievances concerning overtime from the date of the award.

 

He won't sign on principle as he views it as some kind of blackmail

 

Is there anything in employment law that will help break the deadlock

 

Many thanks

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If he has won the back pay because he's entitled to it under the contract in some way then there is no way that the employer can block it.

 

On the other hand, if he wants a quiet life with his employer in the future then challenging it may not be the best way.

 

Clearly your father's employer is a pretty nasty piece of work and that means, unfortunately, that your father needs to consider very carefully the consequences of any of his actions – even if he has a legal entitlement.

 

It's a very tricky place to be.


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Are there likely to be any further grievances concerning overtime ?


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The Employment Rights Act 1996 sets out several requirements which must be met in order to have a valid settlement agreement for most employment rights. A settlement agreement which does not meet these requirements is legally void. Have a read of http://www.legislation.gov.uk/ukpga/1996/18/section/203.

 

These requirements include that the agreement must relate to 'particular proceedings' and the employee must have received independent advice.

 

If your dad has not been offered independent legal advice, the agreement would be void anyway and would not stop him suing for overtime pay later.

 

He should still check whether he is owed any overtime pay before signing anything. If he is owed any overtime pay, now would be the time to raise it.


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I think an explanation of how he "won" the overtimebackpay would save a lot of advice based upon conjecture so tell us what happened if you can and then you will get very specific answers to your query

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If he has won the back pay because he's entitled to it under the contract in some way then there is no way that the employer can block it.

 

On the other hand, if he wants a quiet life with his employer in the future then challenging it may not be the best way.

 

Clearly your father's employer is a pretty nasty piece of work and that means, unfortunately, that your father needs to consider very carefully the consequences of any of his actions – even if he has a legal entitlement.

 

It's a very tricky place to be.

 

Many thanks

 

He was singled out by the new manager because he speaks his mind and therefor he was stripped of this payment in 2013, because the process of taking away the payment was not done correctly he has won the backpay, however the undertaking he is required to sign not only bars him from any retrospective issues it also requires him to do the task for no remuneration.

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Hi

 

I dont know, he has not said anything to me up to now?

If he decided there would be would a different course be advised

 

Many thanks

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Hi

 

I will ask him to look at your suggested link

 

Many thanks

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I think an explanation of how he "won" the overtimebackpay would save a lot of advice based upon conjecture so tell us what happened if you can and then you will get very specific answers to your query

 

Hi

 

My dad does a specific task at work (laundry process) it never was carried out in overtime hours but during the normal working week, the overtime bit comes in because the task is not written down in his JD or TCs, because of this anomaly he was instructed to book two hours per week overtime when he first started the job in 1993 and which was paid to him right up to when the new boss started in October 2013. It was then this new boss decided to take the payment away. He is now required to carry out the task without the extra payment but sign the undertaking.

 

Many thanks

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So he has won his back pay up to the time it was ceased by the new boss.

 

However, they still expect him to do this task - if no actual overtime was required to do the task then I would have thought a simple change of his Job Description/terms and conditions would resolve that ?


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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

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Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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it is clear that he can do the job and has done so for years so no adjustment is required unless there is a grading structure that pays this task at a different rate, in which case he should receive the higher payment where applicable, either for the time taken to do it or for his overall job.

I cannot see any reason to sign anything or even a change to his terms and only change the job description of it acknowledges an uplift in grade/pay. This settlement has decided the work is done so there is no argument to be had about that. It is only any difference in pay and if there is none then nothing needs doing. The meployerobviously doenst want a repeat of what has gone before so they want to limit the right to make any claims about anything that happened in the past. Witholding the pay is illegal so consider the point about pay grades and then either he signs to keep things sweet or he whacks in a further claim about the pay grade. His boss wont be in charge of the company purse strings so a grievance about the unlawful withholding will sort that matter out but at what cost to his sanity and job security? If he is up for a long drawn out battle then he will win one but is that what he wants?

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Hi

 

I have read the link to employment rights but being me I am confused.

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Hi

My dad has joined a union to get independent advice, the union official has stated that my dad could not take out a grievance as it dont come under any certain characteristic, black, ethnic, gay or disability etc and it would be the company investigating themselves and the outcome could be bleak.

I am going to tell him to write to his employer about they unlawfull withholding of the award and mention the employment rights act?

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Hi

 

My dad said that all his overtime including the subject matter was stopped in the October 2013 but the rest of the chaps where he works were not, only him so just maybe he may have a claim for retorspective action and maybe thats why his boss wants him to sign the undertaking.

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the union official will be alocal lay rep I suppose so he will need to talk to a full-time official that covers his region or job sector and then he will get more sense. He may well have a claim if the workplace uses a graded structure and especially if there is a recognised collective agreement.

You still havent given much indication about the company structure so it is hard to tell you who to go to next in the chain of authority. There should be something in the employee handbook/website about grievance procedures as it is a legal obligation to make these known to all. It may be that he has to raise a complaint with the person he wished to complain about then fail to agree to get to the next step. Putting everything in writing and demanding a written response may well be enough to settle the pay issue but I think that he will ahve to go higher to get the employment terms sorted.

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It is helpful that you have given us a bit of backstory, thank you.

 

As your dad has been paid for doing this job since 1993, it sounds like the additional payment probably formed part of his salary. After that period of time I imagine that this payment would be deemed to form part of his employment contract. Your dad might have had a case back in 2013 for claiming that removal of the payment without his consent was a breach of contract / unlawful deduction of wages. If your dad had asked about this in 2013, I would have said that he could object to removal of the payment and sue the employer if they proceeded to withdraw it without his consent.

 

However, it has been more than 2 years since the payment was removed. Legally, consent to a change in your employment contract can be express (i.e. signing a piece of paper) or it can be implied from the circumstances. There will be implied consent if your dad continued to work after October 2013 without raising an objection. In order to make a realistic legal claim for backpay or for continuing to receive this payment I think your dad would need to prove that he objected back in 2013, and even then it might be difficult.

 

I think your dad should only refuse to sign the undertaking if he wants to have a go at saying he is still entitled to receive the additional money. But if he has accepted that he will not be receiving the additional money in future, I don't see the problem with signing the undertaking - it sounds like the boss will pay backpay from October 2013?

 

If you want to have a go at claiming the money the best way to do that is through a grievance (although it sounds unlikely that would get accepted).


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It is helpful that you have given us a bit of backstory, thank you.

 

As your dad has been paid for doing this job since 1993, it sounds like the additional payment probably formed part of his salary. After that period of time I imagine that this payment would be deemed to form part of his employment contract. Your dad might have had a case back in 2013 for claiming that removal of the payment without his consent was a breach of contract / unlawful deduction of wages. If your dad had asked about this in 2013, I would have said that he could object to removal of the payment and sue the employer if they proceeded to withdraw it without his consent.

 

However, it has been more than 2 years since the payment was removed. Legally, consent to a change in your employment contract can be express (i.e. signing a piece of paper) or it can be implied from the circumstances. There will be implied consent if your dad continued to work after October 2013 without raising an objection. In order to make a realistic legal claim for backpay or for continuing to receive this payment I think your dad would need to prove that he objected back in 2013, and even then it might be difficult.

 

I think your dad should only refuse to sign the undertaking if he wants to have a go at saying he is still entitled to receive the additional money. But if he has accepted that he will not be receiving the additional money in future, I don't see the problem with signing the undertaking - it sounds like the boss will pay backpay from October 2013?

 

If you want to have a go at claiming the money the best way to do that is through a grievance (although it sounds unlikely that would get accepted).

 

Hi

 

The problem deepens

My dads boss has told him that a sentence in his JD will be envoked that will make my dad do the job for no payment and I quote "To undetake any other duties that may be required that is comensurate with the level and responsibilities of the post" What a horrible man he must be.

I have seen my dads wages befor the payment was stopped and the extra was miniscule.

 

Many thanks

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