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    • Can you please also have a look at points 20-27? The sent me a remediation pack with not only statements but sums of arrears they haven't sent for 2 years, so I didn't know I was in arrears. Then they defaulted me after they apologised for their cca breach. I truly didn't understand what that pack was about. I thought it was some kind of a mistake they will make right later as SLC used to do this. Genuinely I thought that but I don't know if that's an OK defence?  
    • Thank you for posting the full sar.  So they definitely did place the PCN on your vehicle only to remove it 10 minutes later apparently because of a possible problem with the driver which seems highly unlikely [the reason for the PCN removal ]. Did the driver even see the warden at all while they were photographing the car . They did take several pictures spread over 12 minutes or so using a flash so the driver would have seen the car being photographed had they been there.   Very strange. You said that you had an onboard camera -are you able to go back and see what happened? Was the warden wearing UKPC clothing? In any event that PCN has not complied with the Protection of Freedoms Act 2012 Schedule 4.  That should be a Notice to Driver and the follow up PCN should not be sent until 28 days AFTER the day the first PCN  was given were it a postal PCN. Instead the knuckleheads have issued the follow up PCN on the 28th day of their dodgy first PCN and so totally blowing all their machinations to get over the fact that  the windscreen ticket wasn't a windscreen ticket. In neither case, even if they had been sent properly, they were non compliant. neither of them showed the period of parking which is specified in the Act. Both just show a time of issue at 20.02 but no end period. Their  "mistake" in not giving 29 days  before issuing their keeper Liability notice, makes the PCN more than just non compliant. It means that the PCN was unlawful and probably deliberate as had UKPC waited until the correct time to send that Notice, it would have delayed it until the Monday. And as they probably knew that had not received the original windscreen PCN perhaps they thought it better to rewrite the Law. Part of that is conjecture but the basic fact is correct-the Notice was unlawful. And for that there should be repercussions. My first thought was the ICO but  as it isn't really a breach of data protection it goes higher than that. Perhaps the Site Team would know. I did look at the Legal Ombudsman but they are for complaints against lawyers.  I cannot imagine a decent lawyer even countenancing such a thing though were are dealing with third rate ones when involved with some parking companies.   For reference PoFA Schedule 4 S8 and S9 [2][f] f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— Their PCN dated 12/04/24 states "as 28 days have now elapsed since the Notice to Keeper was given, Parking Control management [UK] Ltd. [the creditor] are now able ...........to recover the unpaid parking charge from......... the registered keeper. The original PCN was marked by them as being deemed delivered 15/03/2024 so 28 days +1 =13/04/24. Their letter was sent one day early which means they altered or ignored the law . I have never seen that "error" on any other Notice from any of the parking companies. As the Member did not receive the original PCN which was originally a Windscreen ticket but they then changed it to a postal one for some fanciful reason the whole scenario reeks of skullduggery. I am going to ask again from Hamz why their warden might have felt scared about a confrontation with the driver but even if there was a chance the PCN was placed on the windscreen and not removed for around a minute but pictures had already been taken so why remove it? And then why produce a brand new keeper Liability Notice the like of which I have not seen before.  
    • You have not been allowed the statuary 7 days to prepare or submit your statement as you only only received the notice of hearing on Saturday   Example   Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement in response to the claimants application It is respectfully requested that the court allow this statement as evidence in response as I was only informed of the hearing date on Saturday 11th May 2024 and therefore denied 7 days to respond. I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.  Background Insert your pars here   Defendants Response to claimants claim/ Application Insert your points here  Conclusion Insert your points here but finish with the following. 16.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)     Statement of truth I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed:  Print Name: Dated:
    • Thank you @BankFodder. Apologies for not being clear. Here are some further details that might help clarify: The item in question is a replica of a movie prop. I build highly accurate movie props as a hobby and these items are machined by enthusiasts in very small runs (50-100) and once they're gone, they're gone. I missed out on one of these runs but a friend from the community had purchased two and decided he only needed one so offered to sell me his other one. I bought the replica prop from him and asked him to send it to my Stackry address in USA. He is based in USA and I am based in the UK. Had he shipped it directly to me in the UK, due to the size and weight, the shipping would have been expensive. Stackry is a service in the USA that has access to cheaper couriers. I have used it many times before without any issues. I simply sign in to my account when they notify me the package is received, fill out the customs form, and select my home address in the UK, select one of the couriers after receiveing a quote based on size and weight and pay the shipping fee. On this occasion I chose GlobalDirect. I had no idea the item would be handed over to Evri on arrival to the UK. The initial tracking was with DHL e-commerce. The second tracking number on arrival to the UK was with Evri. It was Evri who lost the parcel through negligence. Below is a complete timeline of events. The item made its journey from my friend in the USA to Stackry, USA without any problems. I was notified when the package was received. The item also made its journey via DHL/Global Mail Direct from the USA to the UK without any issues. The problem happened in the UK, with Evri.   I did not take out insurance. The price of the item was £185.01 Shipping from Stackry, USA to my home address in the UK with Global Mail Direct was £17.87. Total £202.88.  The letter of claim is below. The 14 days is not up yet but I have every intention on following through. I have no priror experience with this which is why I came here for advice, but I have found the online claim form on Gov.UK and intend to start there.   TIMELINE:   Item purchased from individual in USA on 26/3/24. Payment made by PayPal. Item shipped to Stackry, USA on the same day. Item advised received by Stackry on 29/3/24. Redirected by myself to my UK home address on the same day. Payment made and selected Global Mail Direct as the courier of choice. Tracking number generated for DHL e-commerce 02/04/24: arrived to the UK and cleared customs 03/04/24: processed at local distribution centre, forwarded to delivery agent (Evri) - new tracking number generated 06/04/24: marked”out for delivery” at 08:52. No delivery attempt made all day. At 21:21 marked “on its way back to sender”.  09/04/24: no further updates since “there’s an issue with your parcel. Contact the sender”. Customer support contact via email almost on a daily basis from 08/04/24 to 23/04/24 to no avail. Letter before claim sent on 03/05/24.   03/05/2024   Letter before small claims court claim   EVRi Parcelnet Limited Capitol House 1 Capitol Close Morley Leeds LS27 0WH   Dear Sirs   Reference: Parcel with the tracking number H01PQD0027409372 / H01PQA0027204793 lost by EVRi   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.   I have been in contact with customer support numerous times since 08/04/2024. Your driver marked the item “Returning to sender” without a valid attempt at delivery. The package is since then stuck in limbo with no further tracking updates, and as of today 03/05/2024 still says “on its way back to sender”. I have spoken to your representatives many times and they did not offer any help trying to track down the missing parcel or offer me any option for compensation. I have explained that I am both the sender and the recipient, and I am therefore within my rights to claim compensation for this missing item. I have full records of the item from the point of purchase, to its journey with DHL in the USA, and with EVRi in the UK, until it was lost in the system. The value of the item including shipping is £202.88.   From you I am claiming £202.88 paid in full to compensate the price of the item (£185.01) plus international shipping (£17.87).    Listed below are the documents on which I intend to rely in my claim against you: Screenshots of transaction made with the original seller of the item, including photographs of the item and Paypal transaction. Screenshots of the item received by Stackry in the USA and shipping cost via Global Mail Direct to my address in the UK. Screenshots of tracking with DHL Screenshots of tracking with EVRi Email correspondence with various customer support members at EVRi     I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.  In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.    
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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
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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
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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!

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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.

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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

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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.

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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.

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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:

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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!

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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

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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?

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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.
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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.

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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,

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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
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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

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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
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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,

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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

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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.

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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,

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