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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Hi guys, good morning

 

I have a lease car and got a parking ticket which I promptly appealed, I never heard anything back from the council. It was only until the lease company send me an invoice for £295 that i realised something is wrong and i took this up with the council directly to find out why they never send me the rejection notice. The lease company have paid the council.

 

They replied saying that rejection notice was sent back to them as "returned mail", this is impossible as I get all types of letters come through and even various from the same council.

 

Aside to the obvious of me arguing that I never received the letter, what grounds of arguments do I have? I suspect the council will say they will not refund just on that account.

 

Your advice is appreciated,

 

Many thanks

 

Mehdi

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You don't have any arguments, I'm afraid. The lease company were the debtors, and they settled their debt to the council. You are being charged by the lease company, so provided they are acting within the terms of the contract, there's nothing you can do.

 

As to why their rejection notice was returned to the council undelivered - it could be one of a number of reasons, but obviously it's not impossible, as you state. For example, the postman may have put it through the wrong door, and it was sent back 'not at this address'. Or maybe they put the wrong door number on it. Who knows? Problem is, you were never the debtor, so they aren't obliged to you.

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Hi Jamberson, good evening and thank you for your reply.

 

I have spoken to the leasing company today, informing them of what the council have said and they'll investigate - not holding my breath though!

 

Slight change of subject but still relevant, when a letter goes through the return to sender via royal mail, do you know if the envelope will be stamped or similar to say this? I ask because the council sent me a scanned copy of the letter which on the 2nd page is a scan of the envelope, but it's plain, nothing mentioning return to sender.

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You should use email when you have a lease car, that cuts out the middle man. If you dotn gte a response you get on the phone and badger them into giving a response or take it unilaterally to the appeals service and use their lack of action as a reason.

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Slight change of subject but still relevant, when a letter goes through the return to sender via royal mail, do you know if the envelope will be stamped or similar to say this? I ask because the council sent me a scanned copy of the letter which on the 2nd page is a scan of the envelope, but it's plain, nothing mentioning return to sender.

 

There is usually some kind of marking on the envelope, directing the Post Office to return it - but that's not guaranteed. It depends on the circumstances, which we don't know.

 

If the postie can't make the delivery, usually he/she will put a sticker on the envelope, with tick boxes (addressee gone away, no such address, unable to access property, etc) and ticks it to indicate what happened. On the other hand, if it was accidentally put through the wrong house door, the recipient might have just put it back in the post box unmarked.

 

If you are looking to question whether the council ever sent it, I have to be honest and say it's a very doubtful line of argument. Do you know for certain that both sides of the correct envelope were scanned, for example?

 

The obligation on the council is to send notices. They aren't required to ensure you receive them. There's very little doubt that they generated and printed the letter. If they say they posted it to you, I don't really see how you can counter that.

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So how things have progressed, ever so slightly...

 

I've spoken to Royal mail and they've confirmed that without fail, a sticker or writing will be on the envelope to enable the sorting office or post office to know where and why to route it back. A letter is being sent out from them confirming this.

 

Now, i asked the council again if nothing is on the envelope which they confirmed, but with a broad and sarcastic argument of reply stating we do have a returns address on the bottom left side of the envelope. To which i replied, how would the post office know to send it back to you then.

 

Even if the letter was posted to the wrong address, if they put it back in the post bos surely the post office would send it back out to the address on the front of the envelope?

 

It seems like both the council and lease company are not willing to do anything further but this is not right or fair, both the council and lease company are happy because they've been paid.

 

Can i still raise this to an adjudictor if it's been paid? The council said the matter is closed because payment means accepting liability.

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The council said the matter is closed because payment means accepting liability.
They're right. Once paid any appeal avenues are closed.

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After an email to the council saying how their excuse is stupid and that i will be seeking legal advice, they responded which i do not fully understand

 

"Your enquiry is being dealt as incoming correspondence and case now on hold. A response will be issued within 56 days via post."

 

Maybe this means they're taking it seriously now?

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It's almost certainly an auto-response, it doesn't mean they're taking it seriously since so far no human has read your email.

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oh no, this is definitely not as it came directly from the person i had complained to with their email signature.

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I've spoken to Royal mail and they've confirmed that without fail, a sticker or writing will be on the envelope to enable the sorting office or post office to know where and why to route it back. A letter is being sent out from them confirming this.

 

Now, i asked the council again if nothing is on the envelope which they confirmed

 

Thereby confirming they have received the post back, correct?

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