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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Wages problem


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I started work at a local business but left after a few weeks after being offered a more suitable job at a local school. During my Induction, I was told that the DBS fee they had paid for me would need to be repaid should I leave within 12 months, which I agreed. I was not told of any other fees that might have to repaid.

 

 

I have finally received my final payslip and P45 to find out that I have had 2 deductions - the DBS fee (which I had agreed to) and a fee for a First Aid Course that I had to attend on a Saturday morning, which, although I was told I would get paid for attending, I have not been. I have never received a copy of my Contract/Terms of Employment, and think the charge for the Course is incorrect.

 

 

Any advice gratefully received.

 

 

Mrs P

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In the first instance, write to the employer to challenge the deduction and state that you had not agreed for the First Aid course fee to be reclaimed and/or that you have not been paid for attending that course in the first place. Calculate what you think you are owed and state that you expect this to be repaid by a specific date or that you may have to resort to legal action to recover this - if you are prepared to do so via MCOL

 

Whilst it is true that proving a claim might be difficult in terms of not having a contract, it is also true that the employer cannot make deductions from wages without your written permission, so if push came to shove the employer cannot prove that he was entitled to deduct the money, so as long as you can evidence the fact that work was carried out they would have little room to defend a claim

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I have contacted them by email stating that I was never informed these costs could be reclaimed, and that I consider their action to be unlawful. I have given one week for their response. Thank you for your help

 

 

Mrs P

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They've replied with the following,

 

 

All costs that we incur are deducted out of the last months pay as stated in the induction and contract if you leave our employment within 12 months. The reason for this is as you can appreciate the cost of you now being a qualified first aider and leaving within a month would be quite significant to any business.

Regards

**** ****

The only cost they told me about was the DBS which I accepted.

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I was told by them I had to attend the first aid course even though I was already a qualified first aider being a foster carer which they said didn't matter. I didn't need it now they've charged me for it and to cap it all not paid me or in fact any of the staff for attending!

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If you were never provided with a contract and didn't agree to the deduction in writing then they have no right to deduct either the DBS or the FA course.

It doesn't matter if you agreed it verbally - your wages are protected by statute and they have no evidence of any such agreement!

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Mrs P says that she signed a form after her induction which she thinks was to confirm she had completed the induction. She can't recall anything in there about reclaiming monies for courses.

She never received a contract or any other work related literature.

 

 

What should she do next? Should she ask for a copy of contract etc?

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she cabn ask for a copy of the contract in the samw letter where she asks for the money unlawfully deducted. Once the employer twigs that they havent got a copy and the other agreements in writing they will realise that this is going to cost them. However, sometime pig-headedness and stupidity trump common sense and proof

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Dear ****

 

Having checked my payslips, it seems I have not been paid for attending the First Aid course on *************. Would you please provide me with a copy of my signed Contract, and a copy of the document where I gave written permission for you to deduct any monies from my final month’s pay. May I remind you that wages are protected by Statute and you should not be making any deductions without my written consent.

 

I request that £****, plus the unpaid wages due for attending the Course, to be paid into my account by 1 February 2017. A failure to pay the amount which I believe to be due, without also providing me with a contract, signed by me, which authorises such deductions as have been made, will result in me being forced to take legal action which will add further costs and interest

 

Yours sincerely

 

Mrs P

 

Does this look ok?

 

Mrs P

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Looks good to me at least - although I would probably add the bits that I have marked in red

 

Be prepared to follow through with a claim though

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

 

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Their reply,

 

 

Dear Mrs P

 

 

As you have previously stated you agreed to the DBS reimbursement as we paid this to help you with the costs before your employment began.

 

As a gesture of goodwill i will reimburse you the cost of the First Aid course, this was not a mandatory course and you attended this voluntary.

 

I will issue you a cheque for £75.00 and this will need to be collected by you, at a convenient time to suit us both.

 

Kind regards

 

 

****** **********

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Mrs P is adamant she was told attendance was compulsory for the 1st aid course. It took place on a Saturday(not a working day) and it seems none of the attendees have been paid but won't say anything which is saving the owner between £300 and £400.

 

She says as she did agree to pay back the DBS fee she wont claim it back.

 

I find the last line of the email a little disturbing, why on earth would they say that? they have her bank details still or could put it in the post.

 

Maybe I'll pay the owner a visit to collect it.

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Dear ******,

 

At no time was I told attendance on the Saturday first aid course was voluntary and I expect to be paid for my time and I would not have attended voluntarily to attain and pay for something I already have.

 

If you would be so kind as to either pay me when you do the wages as you have my bank details or please give the cheque to **** or ***** when they collect **** as I’m unable to collect it due to work commitments.

 

I expect payment to be for attending the first aid course and the £75 Fee.

 

 

Regards

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Dear Mrs P

 

All staff are aware that non mandatory courses are attended voluntary as these count towards your continuing professional development. I will not be able to pay you through the bank as you have been removed off the bacs list.

 

I am disappointing that you seem to want leave on bad terms as we have always been accommodating to your needs. I will pay you the four hours that you attended the course as a gesture of goodwill. I will need to get the accountant to work this out as obviously this will be subject to tax /NI.

 

I will need you to come in and sign to say this amount is in full and final settlement of your dispute. If you can let me know when this will be.

 

Kind regards

 

***** ********

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