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    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
    • No need to...they are fully aware of the legislation and what they must do if they wish to execute the Judgment debt after 6 years...ignore them.
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Dear All,

 

Hello. My disclosure is due today in my discrimination case. I am self-representing.I have done a word document with heading(claim information) and then I did a list of the documents just numbered 1-20. Can you please advise if this is sufficient or I need to do something more sophisticated (like the lawyers would)?

Does anyone have a template perhaps?

Thank you.

 

Alesha

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Hello Alesha, welcome to CAG.

 

If your disclosure is due today, it's quite short notice for us, I don't know who will be around this evening. I don't think we have a template because every case is different.

 

Hopefully the forum regulars will see your thread and reply to you this evening. I'll also flag your thread for the site team in case anyone can help.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi HB,

 

Many thanks for your reply. Yes, sorry about that; it was due today but the respondent(my employer)had applied to suspend all orders pending the PH in December. I didn't object.However, the ET didn't come back either way and I've decided to obey the order although my employer's lawyers say we shouldn't comply because I did not object.I spoke to 2 ladies at the ET office who advised the judge was still working on the orders and told me to go ahead and submit the list of documents. Hence the late request.

 

Alesha

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What you have done sounds perfectly OK for the purpose - just make sure that you are specific in what you ask for, especially when it comes to emails and so on as they may fail to disclose something important if it 'can't' be found by a simple search or where it looks like you are expecting them to trawl 'everything' in the hope of uncovering a smoking gun email


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Hi Sidewinder

 

Thank you for your reply.Ooops I might included a couple of things I shouldn't have then. But never mind, I'm a layperson so that shouldn't be too bad.

 

Thanks again and I'll be back for more assistance.:-):oops:

 

Alesha

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Dear All,

 

I have a claim for disability/indirect sex discrimination against my employer. My employer first disagreed then agreed that my condition is a disability. The judge ordered at the Case Management stage that I should write an impact statement for my employer. I have drafted it but just need help/advice/guidance on what should go in, how to phrase it etc.Any help will be much appreciated.

 

Thank you.

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You could post it up here if you leave out your name and any identifiers.

 

Then people can read through it and give you their suggestions.

 

HB


Illegitimi non carborundum

 

 

 

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Hello there, thank you for posting that up. I hope people with more knowledge than me will be able to comment.

 

It looks as if you have the name of an employer in the attachment. If you're still working for them, I would take that out.

 

HB


Illegitimi non carborundum

 

 

 

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Hello there, thank you for posting that up. I hope people with more knowledge than me will be able to comment.

 

It looks as if you have the name of an employer in the attachment. If you're still working for them, I would take that out.

 

HB

 

Oh gosh yes how did I miss that?! I'm at work now and don't really want to log in to take that out. I'll do that as soon as I get a private connection unless an administrator can please assist? Thanks HB for letting me know x

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Hi HB, FKO,

 

Thank you guys so much. I was panicking all day, lol. I am very grateful.

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Hello guys,

 

Can anyone please assist? I need to submit the document by the 23rd November. Thank you.

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It would appear that your disability is covered by the Equality Act 2010. Ive just issued a claim under the Act, although, I've the backing of Unite the Union and a solicitor has issued the pleadings on my behalf.

Ive read a lot of case law on the subject in the last few months. What does your case involve exactly?


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi and thanks for your reply... Well, it's complicated but to cut a long story short, I was issued a written warning for a combination of dependants, sick leave and latenesses. I had relocated and experienced a marriage break-down so was really struggling.I appealed the warning but it was upheld.I raised a grievance mostly on the basis that dependants leave was protected to a large extent under the law.My employer then came back and said oh, we didn't discipline you for dependants leave and even if you take out the dependants leave, you would still get the warning:???:. So I appealed the grievance and stated they can't say this after the fact and if they are saying that only my 4 absences and latenesses (caused by relocation and single parenthood) was used to issue the warning, then I'd suffered indirect sex and disability discrimination.My 4 absences are made up of periods of illnesses easily attributable to my illness, they knw I had this illness and they had not sent me to OH.Also, the 4th absence was caused by time taken off for bullying at another branch.They didn't engage with ACAS and after I spoke to CAB,ACAS,EASS and indenpendent research, I believe I had a reasonable claim and went to the ET.At the PH, my employer agreed I had a disability but they disagreed as to how it affected my 'day-to-day activities' so the judge asked me to write the Impact statement.

 

I am just looking for a bit of advice as to whether what I have put together is okay or if I should add/edit. Thank you so much for your other input and it assists a lot.

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Hi and thanks for your reply... Well, it's complicated but to cut a long story short, I was issued a written warning for a combination of dependants, sick leave and latenesses. I had relocated and experienced a marriage break-down so was really struggling.I appealed the warning but it was upheld.I raised a grievance mostly on the basis that dependants leave was protected to a large extent under the law.My employer then came back and said oh, we didn't discipline you for dependants leave and even if you take out the dependants leave, you would still get the warning:???:. So I appealed the grievance and stated they can't say this after the fact and if they are saying that only my 4 absences and latenesses (caused by relocation and single parenthood) was used to issue the warning, then I'd suffered indirect sex and disability discrimination.My 4 absences are made up of periods of illnesses easily attributable to my illness, they knw I had this illness and they had not sent me to OH.Also, the 4th absence was caused by time taken off for bullying at another branch.They didn't engage with ACAS and after I spoke to CAB,ACAS,EASS and indenpendent research, I believe I had a reasonable claim and went to the ET.At the PH, my employer agreed I had a disability but they disagreed as to how it affected my 'day-to-day activities' so the judge asked me to write the Impact statement.

 

I am just looking for a bit of advice as to whether what I have put together is okay or if I should add/edit. Thank you so much for your other input and it assists a lot.

 

looks ok to me.


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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@paulwlton,

 

Many thanks for that. Good luck with your case and I'll be keeping in touch if you don't mind for more help and advice:-):oops:. Have a great evening.

 

P.S When is your hearing?

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@paulwlton,

 

Many thanks for that. Good luck with your case and I'll be keeping in touch if you don't mind for more help and advice:-):oops:. Have a great evening.

 

P.S When is your hearing?

 

I think the hearing will be towards the end February. My claim was submitted at the beginning of November for - unfair dismissal, wrongful dismissal, disability discrimination, discrimination against a Union rep, breach of contract and unlawful deduction of wages in respect of holiday pay and notice pay.

 

Ill help as much as I can as I've issued a few court cases as a litigant in person and appreciate the work involved.

 

Paul


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Paul,

 

Sorry for the late reply... been a bit under the weather. Ah I see.. Mine is in March. Really appreciate you helping. I've taken a rogue trader and estate management firm to Small Claims in the past myself but that's about it! I'm trying to complete my statement of loss now. I am still with the company so I think I only have about 2 segments to complete. I believe there was a breach of the ACAS Code by my employer but not sure what percentage to enter. Might just put down the whole 25% and let the ET decide.

 

Alesha

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Hi Paul,

 

Trust you're well.:-)

 

My PH is on the 16th Dec and I'll just like to ask you some questions please. Firstly, my employer's lawyers sent the joint bundle for the preliminary hearing. In the bundle, there are none of my letters to my employers which I sent during the disciplinary process i.e. appeal and grievance. Is this normal? The hearing is basically to establish whether I'm disabled (which you kindly advised that I am previously and I looked up the guidance as well) and also whether I am to pay a deposit because the judge 'is not sure of the prospects' etc which I find ridiculous but of course I will, it's my case, lol. I don't know what is required to be in the bundle at this point and any advice you can give will be greatly appreciated.

 

I hope things are going well at your end.

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Hi Paul,

 

Trust you're well.:-)

 

My PH is on the 16th Dec and I'll just like to ask you some questions please. Firstly, my employer's lawyers sent the joint bundle for the preliminary hearing. In the bundle, there are none of my letters to my employers which I sent during the disciplinary process i.e. appeal and grievance. Is this normal? The hearing is basically to establish whether I'm disabled (which you kindly advised that I am previously and I looked up the guidance as well) and also whether I am to pay a deposit because the judge 'is not sure of the prospects' etc which I find ridiculous but of course I will, it's my case, lol. I don't know what is required to be in the bundle at this point and any advice you can give will be greatly appreciated.

 

I hope things are going well at your end.

 

Unfortunately I'm unable to assist you on the bundle issue and its not advice I've given its just my opinion.

 

I think the written statement you've provided gives the judge an accurate version of your disability and I'm not sure theres much else you can do. Have you submitted a medical opinion?


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hi Paul,

 

Lol, yes sorry, it's an opinion and not advice. I understand that we all have to be careful. I am expecting a letter from my consultant haematologist....

 

I'll go to CAB tomorrow as well and hopefully pick up more tidbits to help.

 

Thank you for you prompt reply and I appreciate your time.

 

Alesha.

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