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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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Wondering if one of the experienced users on here can help here with this one?

 

Yesterday afternoon I found my car clamped by Marstons Bailiffs - no paperwork whatsoever only a scribble and phone number so I phoned them to find out that apparently I failed to pay the congestion charge in November last year but know nothing about it as they send all paperwork to a previous address even though I updated my address with the DVLA in 2017!!!

 

Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today.

 

So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done. as it happens i have no recollection of that day whatsoever was it was a year ago and i have no access to any paperwork (bailiff has refused to give me anything ive asked for).

Edited by Andyorch
Paras

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why is no one responding :(

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Hi.

 

 

I'm sorry you haven't had any replies so far, I expect it's because it's holiday season and the experienced users haven't been around since you posted.

 

 

I expect they'll be along today, please bear with us. :)

 

 

HB


Illegitimi non carborundum

 

 

 

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Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today.

 

So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done.

 

I'm sorry for the delay in responding.

 

It truly is dreadful trying to get through to the Traffic Enforcement Centre by phone and the reason for this is simply because members of the public continue to ring TEC to ask for Out of Time witness statement forms (TE7 and TE9 or PE2 and PE3) instead of downloading the forms from the TEC website !!!

 

The Traffic Enforcement Centre process OOT forms up until 4pm on any weekday.

 

If the forms are with them by that time, TEC will send electronic notification to the relevant local authority (including Highways England and Transport for London) advising that they have received the forms and instructing them to notify their relevant enforcement company of the forms and instructing them to place enforcement 'on hold'. In reality, most local authorities do NOT receive notification of the application until the following weekday morning.

 

In your case, you mention this:

 

'Filed everything with TEC yesterday and just had confirmation of filing today'

 

The above comment is rather odd because it is usual to receive confirmation from the Traffic Enforcement Centre of safe receipt within approx 15 minutes of emailing the forms.

 

Has the clamp been removed yet?

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no problem and many thanks for taking the time to respond.

 

in answer to your questions:

 

1. yes I received automated confirmation immediately after sending the pe2/pe3 forms but that was at 16:30 on Monday so I guess I missed the 4 pm slot for them to file it the same day. I then phoned Tuesday morning and they said they cant see it in the system yet as it hadn't been processed and is probably still in the email and told me to phone back at 4pm. So I phoned at 4pm on Tuesday and was told 'yes these have been filed" that's what I mean by confirmation its filed - I asked when TfL will know they said between 16:30 and 17:00 they sent an automatic email for all the forms they process that day so they said I should wait until then before contacting TfL. so I did exactly that - I phoned TfL at 17:30 and then later at 19:30 and both times were told they had received no notification. Then finally I phoned at 9:30 am yesterday and was told they had received it that morning at 7:30 and halted action but would not be able to remove the clamp until TEC has made a decision and said it could be weeks!!!!

 

 

so now I am somewhat relieved that can no longer tow the car, but indeed the clamp is still on, the bailiff will not respond to my texts/calls and no one will tell me how long it takes to find out if my stat dec will be accepted or not :(

I really need the outcome soon as my disabled father relies on me for transport :(

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1. yes I received automated confirmation immediately after sending the pe2/pe3 forms but that was at 16:30 on Monday so I guess I missed the 4 pm slot for them to file it the same day. I then phoned Tuesday morning and they said they cant see it in the system yet as it hadn't been processed and is probably still in the email and told me to phone back at 4pm.

 

So I phoned at 4pm on Tuesday and was told 'yes these have been filed" that's what I mean by confirmation its filed - I asked when TfL will know they said between 16:30 and 17:00 they sent an automatic email for all the forms they process that day

 

They said I should wait until then before contacting TfL. so I did exactly that - I phoned TfL at 17:30 and then later at 19:30 and both times were told they had received no notification. Then finally I phoned at 9:30 am yesterday and was told they had received it that morning at 7:30 and halted action but would not be able to remove the clamp until TEC has made a decision and said it could be weeks!!!!

 

 

So now I am somewhat relieved that can no longer tow the car, but indeed the clamp is still on, the bailiff will not respond to my texts/calls and no one will tell me how long it takes to find out if my stat dec will be accepted or not :(

I really need the outcome soon as my disabled father relies on me for transport :(

 

It is sadly the case that motorists complete these Out of Time witness statements without taking advice beforehand, and without ever completing county court documentation before. To give advance warning to you, because of the above, approx 65% of these applications are rejected.

 

Before submitting the OOT, you would have needed to find out the date of the contravention. Clearly you had moved address but you had not mentioned WHEN you moved and when roughly you had updated your address details with DVLA. If you could respond on these points that would assist.

 

 

Agreement. It is their decision.

 

If you make payment, you would be entitled to a refund if your application is accepted. However, I am cautious of making this suggestion. This is because of the contents of correspondence that I received two days ago from TEC which I find to be frankly alarming:

 

According the MOJ, if payment has been made of the amount statement on the warrant and bailiff fees, then the Court Officer will REJECT the OOT on the basis that the matter is CLOSED. As far as I am considered, this argument is fundamentally wrong and I WILL be challenging it !!!

Edited by honeybee13
Unwanted info on experience removed

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Sorry, I should have mention this as well in my above post:

 

Although there is no legal obligation to do so, some enforcement companies will leave the vehicle immobilised for this period(approx 6 weeks) but there really should be no reason to do so. The enforcement company could just as easily list the vehicle on a Controlled Goods Agreement.

 

You mention that the vehicle is needed for the transportation needs of your father who is disabled. Does you father hold a Blue Badge? If so, you should inform the enforcement company asap.

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Please do respond with any queries that you may have. I will look back around mid afternoon time.

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