Jump to content


  • Tweets

  • Posts

    • 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
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

Reported for having a wee


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2084 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,All

 

please can i get some advice regarding todays events,

 

i was off sick with a trapped nerve in my lower back (I am a delivery driver)

 

i was asked by my manager via text if i would return to work as a passanger to show the lad covering my run the route as my normal finish time is 14.00 and he finished at 19.30 the previous day, I agreed to this and also informed my manager that the Naproxin and anti inflamitaries do help a little so i will chip in as much as i can,

 

Upon arrival at one of my deliveries which was a pub that doesnt open until 11.00am we got there at 10.40 and i was absolutely dying for a wee

i checked the gate to see if anyone was already there so i could use their loo however it was all locked up

i decided to go to the furthest secluded corner of the car park to have a wee,

 

suddenly i heard a woman shouting at my work mate but couldnt work out what she was saying however her tone was very aggressive,

i finished and went to see what the commosion was about,

 

i saw a female hanging out of the upstairs window of the pub (in the whole year ive been delivering there i never knew that they lived above as someone always comes and opens up)

 

she started to hurl abuse at me something about a tramp weeing in her car park

i calmly apologised and explained that i was very desperate and couldnt hold until they opened up in 15 minutes

she was having none of it

 

again apologised and got back into the lorry and rang my boss to tell him.

he told me he would sort it and not to worry.

My colleague then returned explaining that they were refusing the order so we took it back.

 

Upon arrival back to work i saw my manager who said that they'd complained and are wanting to speak with the directors

therefore he doesnt know what will happen now and the pub has told them they dont want me delivering there anymore

 

if they order tomorrow i wont be on it, (however id only returned from sick to show my colleague this round so would i be in my right to go back off sick)

Also the pub had sent in some sort of footage showing my colleague smoking in the lorry and my manager said i apparently "jumped" out of the lorry which is not bad for someone with apparently a bad back,

 

i actually felt insulted and said id already told you im on medication and it does help a little so i will chip in as much as i can.

if i was faking it i wouldnt have gone in at all why would i ?

 

would it be advisable to get a doctors note explaining the problem to my bladder that this trapped nerve has caused.

My previous 2 deliveries were schools who dont let you use the toilet for obvious reasons and i was in rural area with very thin roads no lay bys nor services.

 

Any advice would be greatly received, sorry about the spelling

Edited by dx100uk
spacing/spelling
Link to post
Share on other sites

  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

If the trapped nerve and/or medication affects your bladder then get a medical note

 

If however, it is not true then don't

You would be making a bad situation worse

Edited by Andyorch
Quote removed
Link to post
Share on other sites

If you know you have that condition then, like pretty much every driver, you carry a bottle. I’d be furious if I were the customer and can’t see much hope on this one. Poor planning doesn’t excuse gross behaviour.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

 

The law safeguarding children takes precedence over the HSE guidance HSG136 referred to. HSE guidance is just that, guidance on general good practice, not a statement of the law (and clearly refers to large premises with loading and unloading bay areas, not something a school would have). "When deliveries and collections are made, loading and unloading areas should ... have a safe area for drivers to wait that allows them to rest between driving shifts, especially if they may be waiting for several hours, with easy and safe access to toilet, washing and refreshment facilities and shelter in case of bad weather". No school is going to allow delivery drivers to wander around the school using the toilets and washing and having their lunch.

Link to post
Share on other sites

 

Yes, I agree with this.

 

The school should have allowed you and if they had safeguarding issues then they should have provided someone to follow you

 

In construction, sometimes we get workers who have no DBS, the school gets someone to watch over them while they do short work in classrooms

 

The school usually sends the bill back to us though (£10/hr and no more)

 

Anyway, your health condition would be mitigation so get the medical note

Link to post
Share on other sites

 

The school should have allowed you and if they had safeguarding issues then they should have provided someone to follow you

 

All schools have safeguarding issues about allowing strangers into the building when children are there. There's no 'if' about it.

 

Schools do not have staff available to escort delivery drivers to the toilet! Nor are they under any obligation to do so. If you are lucky they may have a visitors toilet in the reception area which can accessed without going into the main school building, then no problem. My school has that, most schools don't.

Link to post
Share on other sites

You cannot go urinating in some ones car park....... If you have a medical condition then you would have a catheter fitted or son other way of staying decent.

 

You've urinited in public... Offence and potentially could of been charged with exposing youself as well.

Link to post
Share on other sites

You cannot go urinating in some ones car park....... If you have a medical condition then you would have a catheter fitted or son other way of staying decent.

 

You've urinited in public... Offence and potentially could of been charged with exposing youself as well.

 

I don't agree with the OP at all but wow, that is harsh. Maybe you would feel different if ever a debilitating condition affects you.

 

H

44 years at the pointy end of the motor trade. :eek:

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

Link to post
Share on other sites

We all make mistakes, I guess the OP must have realised that he made one

 

Maybe we should just focus on what advice we could give

 

Don’t fight lost causes and apologise where appropriate. But first OP has to get past making excuses for himself.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

Dear Moggy491,

 

I haven't walked in your shoes so I wouldn't criticize you

 

By the way, how long were you off sick?

 

From what I can see, you were desperate to come back to work and you made the mistake of starting too early

 

Most people love being productive and working and I feel you just wanted to get back to work

 

I hope your employer is reasonable about the whole situation

Link to post
Share on other sites

Unless the doctor is prepared to write a statement about the link between the trapped nerve and bladder problem, the employer could be hardly punishing you.

When you're not fit for duty don't go to work.

Employers have no mercy, so why should employee go out of their way to please them when there's a good reason for not doing so?

Link to post
Share on other sites

all schools have staff toilets. Safeguarding rules dont exclude people from entering the premises, they talk about unchaperoned contact with children and so forth, not a bar on using building facilities. Common sense should prevail

 

 

 

 

 

 

The law safeguarding children takes precedence over the HSE guidance HSG136 referred to. HSE guidance is just that, guidance on general good practice, not a statement of the law (and clearly refers to large premises with loading and unloading bay areas, not something a school would have). "When deliveries and collections are made, loading and unloading areas should ... have a safe area for drivers to wait that allows them to rest between driving shifts, especially if they may be waiting for several hours, with easy and safe access to toilet, washing and refreshment facilities and shelter in case of bad weather". No school is going to allow delivery drivers to wander around the school using the toilets and washing and having their lunch.
Link to post
Share on other sites

Don’t fight lost causes and apologise where appropriate. But first OP has to get past making excuses for himself.

 

first of all as quoted in my op i apologised twice whilst explaining the situation to the customer, and whilst taking a whole load of verbal personal abuse, To be fair your response Emmzzi is no help whatsoever and only judgemental and patronising. So therefore would request that you get off you're high horse and keep ones personal opinions to ones self. other than that please do have a nice day.

Link to post
Share on other sites

Dear Moggy491,

 

I haven't walked in your shoes so I wouldn't criticize you

 

By the way, how long were you off sick?

 

From what I can see, you were desperate to come back to work and you made the mistake of starting too early

 

Most people love being productive and working and I feel you just wanted to get back to work

 

I hope your employer is reasonable about the whole situation

 

Hi dondada,

I had trapped a nerve over the weekend just gone and my first day off sick was monday, My boss later text me asking if i would come back to work and just sit in the passenger seat to guide my replacement driver around the route as i do this route in 6 hours yet it had previously taken the replacement 12hours , i agreed to this as to be fair with work and also expressed that my pain is less whilst on my medication so will chip in in any other way i can throughout the day.

so basically i was off sick for 1 day,

Link to post
Share on other sites

Hi dondada,

I had trapped a nerve over the weekend just gone and my first day off sick was monday, My boss later text me asking if i would come back to work and just sit in the passenger seat to guide my replacement driver around the route as i do this route in 6 hours yet it had previously taken the replacement 12hours , i agreed to this as to be fair with work and also expressed that my pain is less whilst on my medication so will chip in in any other way i can throughout the day.

so basically i was off sick for 1 day,

 

 

So you were trying to help out A lot of people would have stayed home

 

I see you as a good person trying to assist his employer

 

I really wish you the best and pray that your employer is also reasonable

Edited by honeybee13
Paras
Link to post
Share on other sites

So you were trying to help out A lot of people would have stayed home

 

I see you as a good person trying to assist his employer

 

I really wish you the best and pray that your employer is also reasonable

 

Trying to help out doesnt excuse himself from potentially breaking the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

On a Friday night, I see a lot of people peeing in the streets and every available place. They must have been drinking heavily

 

The OP wasn't drinking but had a medical condition He stepped up to assist despite that condition

 

I really can't fault him at all I really hope he forgives himself too

Edited by honeybee13
Paras
Link to post
Share on other sites

Trying to help out doesnt excuse himself from potentially breaking the law.

 

I dont know how true this is but i have been informed there is no law against urinating however there is for public indecency, being in a secluded place out of public view and on private property would not constitute public indecency, only advised of this so dont know how true it is,

was also advised by my boss that you by law can urinate against your back left wheel, however i would then be closer to the building, in clear view of the public and in the middle of the car park,

Link to post
Share on other sites

I dont know how true this is but i have been informed there is no law against urinating however there is for public indecency, being in a secluded place out of public view and on private property would not constitute public indecency, only advised of this so dont know how true it is,

was also advised by my boss that you by law can urinate against your back left wheel, however i would then be closer to the building, in clear view of the public and in the middle of the car park,

 

 

I don't know if this is true but I can see that your boss is a reasonable person

 

I don't think you should worry too much about the whole incident

 

I guess it is what is called Life

Link to post
Share on other sites

Urinating on left back tyre!!!

Oh my!!!!

 

It is legal for a man to urinate in public, as long it is against the rear offside wheel of his motor vehicle and his right hand is on the vehicle.

 

Although this is widely reported as fact, this is actually not true.

Link to post
Share on other sites

Urinating on left back tyre!!!

Oh my!!!!

 

It is legal for a man to urinate in public, as long it is against the rear offside wheel of his motor vehicle and his right hand is on the vehicle.

 

Although this is widely reported as fact, this is actually not true.

 

Yep in all fairness it’s very absurd but if my boss believes this then who am I to convince him otherwise,

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...