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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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UKPC/SCS Claimform - Multiple Windscreen PCNs Longton Exchange Stoke-On-Trent ST3 2JA

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I am running late on this one, I have to have my defence in by Wednesday.

 

Name of the Claimant UK Parking Control Ltd

claimants Solicitors: SCS Law

 

Date of issue – 06/04/18

 

What is the claim for – the reason they have issued the claim?

The claimant claims from the defendant the sum of £800 in respect of unpaid parking notices issued as a result of the defendant's breach of terms and conditions of parking at a site managed by the claimant.

I will provide the defendant with seperate details particulars within 14 days after service of the claim form.

What is the value of the claim? £800

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? UK Parking Control Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

There are 5 seperate notices that were issued.

I knew nothing of the first 4, the 5th I did and I appealed as they got the make of my car wrong and the signage was poor.

I heard nothing back and forgot about it.

 

 

A few months later i received a letter from a DCA and i explaiined the situation, they said I missed my appeal time and I had to pay.

I then ignored them.

 

I wasn't the only one that used my car, others had access to it.

 

I've attached pictures of the letters below.

Apologies, no matter what I tried I couldn't get picture 4 the right way round.

 

What do you suggest defence wise please?

 

Thank you

Edited by dx100uk
merge

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can you pop all your uploads into ONE multipage pdf

read upload


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I expect that site team member: DX will be along soon. However, in the meantime, I see that you say that the car had several other drivers – but on the POC it says that you admitted being the driver.

 

Also, have you acknowledged this claim? Also it seems to me that the time for defence might have expired


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Hi Bankfodder. I appealed just the one notice, I've had no discussion with then on any of the others.

 

My calculations puts day 33 as tomorrow. Have I calculated wrong?

 

Claim was acknowledged in time also

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I don't know whether you calculated incorrectly – but if it is 33 days then I'm pretty surprised that they haven't put in for a judgement – and they may well have done. What has been happening in the past 28 days that you have left it till now to come to us?

 

I don't really understand when you say – that you only appealed one. In the particulars of claim is says that you admitted being the driver on all of the contraventions. It would be helpful if you would give us a bit more detailed advice without having to cross examine you please. You really don't have much time if you're going to do anything about this – assuming that something can be done.


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I go away with work often, I didn't pick up the letter from the court until 23/04. I then acknowledged the claim with gave me until 09/05. My then few days away turned into a week.

 

I've only even had correspondence with ukpc about 1 of the penalty notices, this one I appealed. I'm guessing by me appealing it admits to being the driver on that one occasion.

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So I take it that it is not true that you admitted being the driver in all cases.

What was the basis of the appeal that you made?


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Yep, I've never admitted for those others.

 

The appeal was for 2 reasons, 1, they got the make of my car wrong. 2, no clear signage

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And did you get any Notices to Keeper? What correspondence have you got from them?


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Defence is due today 8th May....33 days from and including the 6th April.


We could do with some help from you.

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Notices to keeper were received, I don't remember if it was for all so i would assume I did for all. But they were ignored

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I'm not massively up on the situation with private parking at the moment and I'm hoping that DX will be along soon who I think is much more current with this kind of thing. I have one or two ideas but I'd like to discuss it with DX first. Certainly you need to get a defence in before 4 o'clock this afternoon


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Ok, hadn't realised it included the 6th.

 

Will I need to provide photos at this point of poor signage and the error on the penalty notice?

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Ok, hadn't realised it included the 6th.

 

Will I need to provide photos at this point of poor signage and the error on the penalty notice?

 

No that comes later in the process when you submit your witness statement and evidence.

 

Just an initial defence today


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Ok, I'll have something in before 4pm. Hopefully dx will be along soon to advise.

 

Thank you all for helping, very much appreciated

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Well make sure that you engage closely with the thread. If DX doesn't come along today then we'll work something out together. It certainly sounds to me as if there are grounds for defending. You wouldn't have much to lose except you could be required to pay the reasonable costs of travel.


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Will do, thank you.

 

I'm viewing it at the moment that I'll have to pay and if I don't it's a bonus. Rarely do I let others used my car now, not having this happen again.

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they havent provided details of the claim so where exactly did you acquire all of these tickets? if it was outrside your house then saying you werent the driver wont cut the mustard BUT the chances are that they dont have any rights ot enforce anyway.

 

You dont need reams of detail in your defence at the moment so just a couple of lines that go like

 

1. the defendant does not believe that the claimant has the authority by way of a contract with the landowner to enter into contracts and make civil claims in their own name.

 

2 in any case the sigange at the site is insufficient to offer terms for the defendant to consider and accept as a contract and to be bound by their terms.

 

3 The defendant denies being the driver on 4 out of 5 of the events in question and as there is no keeper liability created by the POFA 2012 and the claimant is stating they are pursuing the driver then it is put to strict proof as to who was driving at the time for each and all of the events.

 

You then have to pull your finger out and find the evidence that sits with this now,

so all of the paperwork and the dates it arrived at your home,

detail of the wheres and when,

pictures of the sigange and the entrance to the land and if it is a residential development we will need to knwo what the terms of the leases/tenancies are regarding parking and this is NOT what ther managing agents say but waht is down in the head lease

 

FAX this to court or use moneyclaim online and also fax

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It's a road in the town centre behind a few shops. Cars are always parked there as the signs aren't visable unless you go quite a way down it. I found this out after I received the penalty notice. I took photos then too.

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I think there are some more substantial arguments than this.


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I think there are some more substantial arguments than this.

 

I keep an eye for when dx replies :)

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I'm in the middle of drafting something for you now – but is it my imagination or was this company recently banned once again from accessing the DVLA database?


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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thank you :)

 

They have indeed been banned again.

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