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    • Winemark the wine merchant ltd northern ireland
    • 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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My daughter is on benefits and borrowed £1200 from me last year to pay off a summons for council tax arrears.

 

I paid this on the phone and asked "so thats it theres nothing else outstanding" and was told no its all up to date.

 

I asked about the current period and was told that they were setting up £20 first month followed by 9 months of £19.10.

 

We were expecting some paperwork to back this up and maybe set up a direct debit but heard NOTHING until this morning when she receives a summons to appear in court on the 13th June.

 

Now, I have no problem paying the £191 council tax that they are demanding, but I'm loathed to pay court costs when there has been ZERO correspondence between me paying last time and this morning. No demands, no agreement, no final reminders etc.

 

If I ring and just pay the £191 will they still pursue this through the court. Im quite happy to attend court with my daughter and explain all of this but just wondered what my chances were of getting this settled without going, and if I DID attend my chances there too.

 

Thanks

 

UKD

 

PS this is London Borough of Barnet

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in fact to confirm it wasn't last year she borrowed the money it was January 2017

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have you asked about the dd formally? they need the details and an agreement. If they lost the form that is another matter as they are then culpable

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Although we asked them to send the DD forms to us, we never ever received them. Is the onus on us to ring them and ask again? we literally never received anything regarding this until this morning.

 

They told her she missed two payments but I'm not sure how she could have missed them when there was no direct debit in place. I think although we asked they didn't set one up and send the forms (nor anything else) and now she has to go to court for it.

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" I asked about the current period and was told that they were setting up £20 first month followed by 9 months of £19.10."

 

Did you provide the account details..sort number and name of account holder and bank ?

 

Andy


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Now, I have no problem paying the £191 council tax that they are demanding, but I'm loathed to pay court costs when there has been ZERO correspondence between me paying last time and this morning. No demands, no agreement, no final reminders etc.

 

If I ring and just pay the £191 will they still pursue this through the court. Im quite happy to attend court with my daughter and explain all of this but just wondered what my chances were of getting this settled without going, and if I DID attend my chances there too.

 

Prior to the summons there has to have been at least one demand notice and at least one reminder. These will have been generated, the systems won't let a reminder be generated unless a demand notice has been issued or a summons before the reminder/demand notice have been issued. The issue as to where they've been posted is something only the council can answer.

 

Providing the council can show that they've generated and posted the notices to the correct address then the court have no reason not to grant the liability order as due process would have been followed. Proof of non-receipt would be needed as the courts presume that Royal Mail deliver all mail that is correctly addressed and stamped.

 

The question Andy has asked about the DD is relevant in that you should be able to argue with the council that you thought payment was being taken if you had provided all details, but I presume from post #5 that you hadn't. The payment responsibility lies on the tax payer to ensure payment is made ultimately.

 

Craig

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