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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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2004keithb

Drink Driving (Early Return of licence, Medical - abstinence)

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Hi everyone!!!

 

Hoping some of you might be able to help. Will try and keep this to the point as I know there are other posts that I have spent a long time reading but everyone's situation is different.

 

I have been convicted of DD twice now and on the first time I served 14 months with doing the DD course.

Second time was 2 years later and was given a ban of 4 years, 150 hours community service, thinking skills and another programme.

 

 

I have now served half my ban and have hired a specialist motoring solicitor and a barrister (not cheap) to hopefully get my license back early.

Due to go to court on the 8th September 2017.

 

I know I am just taking a chance but have to try.

As I will be classed as a HRO I will be required to do the medical and know as I have had an alcohol problem in the past things might not be quite as they should due to the amounts I used to consume.

 

 

in theory if I am granted my license back by the time I do my medical I should be totally abstinent for about 9-10 weeks,

does anyone know if this would be enough or if you have any thoughts or comments regarding the process?

 

Just looking for help please, no hated comments, know I have done wrong (partly wasn't my fault) but yes I was driving.

 

 

Been the worst time of my life and looking to get back on track to find employment and by knowing I will never go back to the way things were.

 

Thank you all for reading my post!

 

Best Regards,

Edited by 2004keithb

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Not sure this site is best place for such motor convictions advice. Never seen anyone post here with such issues.

 

Given you are using specialist lawyers, i would suggest that they will have current inowledge about this issue and will present your case as best as they can.

 

Even if you managed to get your licence back early, do you know whether any Insurers will cover you ? If you can't get Insurance cover at a price you could afford, then this would prevent you from driving.


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The Road Traffic Offenders Act (Section 42) provides for any driver who has been disqualified for more than two years to apply to the court that disqualified him for the early return of his licence. He can do this:

 

- After two years for bans of up to four years

- After 50% has been served for bans of between four and ten years

- After five years for bans longer than ten years.

 

The early return of the licence is entirely a matter for the court but normally they will want to see why there is a need for them to grant the request (such as a job opportunity, deterioration in health). They do not usually accede to a request simply because the applicant feels he has served long enough and fancies driving again. In short the courts are not easily satisfied.

 

However I believe you have little chance of having your licence returned at present for one good reason: the mandatory minimum disqualification period for a second or subsequent offence of excess alcohol within ten years of the first is three years. I believe that any court considering your application would have to bear this in mind and would be unlikely to go behind Parliament's intentions when the law was passed. I would have thought that this would have been one of the first things your expensive specialist motoring lawyers would have pointed out to you when you first spoke to them. Good luck with your application but, unless you encounter a particularly sympathetic Bench, or one which does not include the consideration I have mentioned, I fear you may be looking forward to an expensive day out.

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I see it as a good payday for your lawyer and your highly unlikely to get your licence back.

And if in the unlikely chance that the judge on the day Is high on the day and you do, your insurance will be in the thousands!.

 

You've admitted you have an alcohol problem but you state by the Tim it goes to court you will be dry for 12-14 weeks......

You still have a problem and you have not adressed it even with the courses you have done. This is made blatantly obvious by your statement ... I know I have done wrong but its partly not my fault...

 

Its ENTIRELY your fault and you have not addressed That problem.

 

You need to quit drinking( and you still are).

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