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    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
    • Thats the idea.....any further flaws with the reconstituted agreement ? They will be able to rely on a recon given that the agreement is post April 2007 but it must be accurate and a true copy of the agreement used from that date.   Andy
    • We dont recommend any Solicitors on this forum....but you will get free advice from others in similar positions.   Welcome to CAG   Andy
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Barnsleyelie77

Was a Self employed driver and not paid off company?

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Hi hope someone can help me here please.....I was a self employed courier driver for a local company in May 2017. I worked 7 full days for the company and i got an invoice for 4 days work which i should have been paid on 15th June but because i left on the 8th day with 8 parcels left and they had to pick their van up from my premises they have refused to pay me for any days work that i did prior. And ive looked through contract and it does not state anything at all on that. Could i send a LBA to the company requesting full 7 days payment what they owe and can i charge interest????If so where can i find a LBA template please or what steps do i take.... Thank you.:-x

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Hello and Welcome,

 

When you left did they get their parcels back ?


 
 

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as they provided the van and all of the work you werent self employed. Likewise the contract you had was undoubtedly an employment contract rather than a contract for services so it is likely that you should be paid properly and that will include an extra 12% for holiday pay accrued but that isnt your question. I would be writing to them saying exactly what you are owed and give them the opportunity to explain themsleves and why they think that they dont owe the money. After a week a LBA outlining the maount owed and why and then take them to court without further ntice

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Hi thanks for getting back in touch and they got all their parcels back an hour later as i met up with another worker who finished delivering them....when they did not pay me on the date it should have gone in i rang payroll and the lady was very arrogant on the phone and says i will not be paid as i did not finish delivering the parcels that day and that i went home with the van and they had to pick the van up the following day so i will not get paid for any work i did at all for the company. But its monies im owed for the work so im going to chase it.

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that is interesting but doesnt answer the questions about the contract itself and whetehr they had any right to refuse to pay you.

What paperwork do you have regarding the offer of a job and your employment? How are you supposed to be piad- by the hour/day or by the parcel? It makes a big difference

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I will take a copy of the contract and post it on here for you to have a look at.

 

And it was £74 a day the rate but if anybody took any parcels from you on your route if you was struggling they took £10 off your daily wage and if you got a concession they took £20 off your wage for each concession you got i.e if parcel was instructed to be left in greenhouse and you posted it in letterbox and customer phoned up complaining that was a concession.

 

but looking through not a contract but 'Conditions of work' they called it. That is all i have what was signed what i can remember.....They provided the van and the fuel and Amazon provided the hand held on the day of work. On the first sunday of work i got a concession so took £20 off my wage so ended up with £54 then the other days what they call a floater came round mid day and took some parcels from myself and they took £10 off my wage and did not know this. All workers also have to pay the company accounts dept £10 a week and they generate the invoice on your behalf and you dont know what you are getting until they send you the invoic

 

e each month, but been self employed i should have sent them the invoice myself??? Something really not right about this company. Ive sent them an email last night one to payroll and one to the women who set me on, just stating that i want the monies owed within 7 days plus interest which in total is £422.99.

 

Then told them that if no payment is recieved within 7 days i will then forward a LBA then i will go to court if needs be to get my money owed.

Edited by honeybee13
Paras.

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how many parcels were you expected to deliver in a day?

Now, if every one was a concession, say for example you delivered 100 parcels to the right address but left them all with a neighbour would you owe the company £1926? (£2000 penalties less the £74 daily rate). This is not self employment, they provide all of the work tools and all of the work. Doesnt matter how they dress it up you are EMPLOYED, not self employed. Now you may not be a staff member but there is another class of worker that people on zero hours contracts and contractors fall into.

As for the penalty clauses, this would most likely be seen as an unafir contract for havinmg them in when the penalty for misdelivering an item si greater than the amount you get for delivering it properly. again, there is case law on this so they will have a job justifying it. See what happens to your email. i would leave it 14 days to allow time for payment but responding in 7 days isnt unreasonable.

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Hi i was delivering 140 parcels per day expected to. And up to press ive recieved nothing at all from this company payment or correspondence?

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so theroetically you can lose £2800 a day for misdelivering.

Well, I say agin, you werent self-employed and by knocking the money off like they did they have paid you less then the minimum wage, even if it could be said to be an 8 hour day..

You need to be writing a letter to whoever signed you up and let them know that you are making a claim for 7x£74, a pay slip showing how your pay was calculated, a P45 showing all payments and deductions for tax and NI and if they failt o do this then you will be using the county court to recover the monies owed. Tell them they have14 days to respond.

You can tke the failure to pay the min wage to an employment tribunal but that will take for ever and needs a lot of precision with your paperwork. The small claims track at court is simpler and will get you your money but they get away with their behaviour. That is the trade off.

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hi thanks for getting in touch ive found the paperwork out what i recieved from them when i started...ive not sent LBA as yet but they have recieved some more copies of my invoices and a copy of my email stating that they had 7 days to pay. Last week i got an email back from the route manager including an invoice from themselves saying that i owe them £180...£30 for collecting their van from my premises and £150 for 5 men to finish my route off there was only 8-12 parcels left on my van to deliver lol:roll: and he told me to take a look at my 'conditions of work' when i started which ill put a copy on here...best thing is i never charged them for that day as it states in their conditions...just the previous worked days. Just thinking now wether to charge them too for my time on my days off to go pick one of their vehicles up ready for my working day the next day... i had to do that 4 times whilst i worked for them.

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yes, because if the reverse is true then you can but you should still get your head around the idea you were employed on £x per hour (daily rate divided by number of hours) and just slap in a claim for that. It wont get to the bottom of the deeper issues but that would be an expensive and drawn out fight.

 

An ET would then be the place regarding possible minimum wage matters and tbh you would need a lawyer to help with the paperwork. you may get pro bono help via the CAB but that would depend a lot on luck as to where you live and what lawyers do good deeds in that way.

Edited by honeybee13
Paras

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