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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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Hey Folks

 

 

Mystery Shoppers will shortly be introduced at the restaurant I work in, They will be filming the server covertly, whilst we know this will happen we obviously don't know when.

 

I've looked around online but most conversations veer off into CCTV territory....not quite the same...can we refuse to allow this? My interpretation of the DPA would be that this is excessive for what it's being used for....I've also seen that they can't replay the video without permission or an exhibition license?

 

Whilst the server is being covertly filmed, I would assume the whole meal is filmed, so what would the implications be for other servers eg those bringing you your food and indeed other customers who will surely be caught in the filming process...

 

 

Any advice appreciated!

Edited by honeybee13
Paras.

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Hey Folks

 

 

Mystery Shoppers will shortly be introduced at the restaurant I work in, They will be filming the server covertly, whilst we know this will happen we obviously don't know when.

 

I've looked around online but most conversations veer off into CCTV territory....not quite the same...can we refuse to allow this? My interpretation of the DPA would be that this is excessive for what it's being used for....I've also seen that they can't replay the video without permission or an exhibition license?

 

Whilst the server is being covertly filmed, I would assume the whole meal is filmed, so what would the implications be for other servers eg those bringing you your food and indeed other customers who will surely be caught in the filming process...

 

 

Any advice appreciated!

 

They can film people as part of a programme to improve business performance and just need to inform people it is happening, unless it is purely a security issue where they would not need to warn people . As an employee you can't really refuse. But you have normal rights under the DPA to receive a copy on request when you are filmed and to be told how it will be used. It cannot be used beyond checking staff performance, training purposes and assist with security e.g staff committing theft. If they passed the film to say a TV programme or advertising agency to use for a purpose not related directly to your work duties, then i think you would have a right not to consent to this.

 

I have seen a few examples of this. Where i worked, we had trouble with evening cleaning staff who were going into office draws and cupboards stealing stuff. The company put cameras up in air conditioning vents and caught a number of them stealing, which was used to deal with the situation. When i was in Perth Australia years ago, i passed by a construction site where there was a protest going on. On the TV news they covered the protest and apparently it related to the building company putting up loads of CCTV cameras around the site to monitor the amount of work being done. All around the the UK and worldwide, i suspect that many employees are continually monitored on CCTV and may have every phone call recorded.


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As it won't be seen by a third party, ie, the general public, YT/FB/IG etc etc, then it is quite legal to do so. The ONLY people who should have sight of this is the individual concerned, and anyone involved in the company in order to train staff.

 

If it was leaked out onto anti social media then the ramifications would be astronomical, bosses/ceo's would be sacked and the outfit conducting these covert recording would certainly lose their licence.

 

Have a read of RIPA also.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the problem is that if a member of the public gets a whiff of this there may be trouble if they are not forewarned that filming may be taking place and the cameras catch them but that would defeat the object of the exercise..

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thanks guys....think this might make it's way to public forums...they might not listen to employees but paying customers might make them listen

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