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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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DaveLister22

Issue with Solar Power installer likely to go Bust after FIT ending

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I am starting this thread again because the first one has disappeared. The site allows you to submit a topic without first registering, then ties itself in knots trying to get you to resubmit to a user that it thinks exists and does not exist at the same time. The issue is with an Solar Panel company that appears to be imploding only days after the FIT government grant ceased to be available. The company is not responding to emails or phone calls, and half the staff appear to have walked out. I have agreed to pay for the parts of the system that do work but not for parts that don't, as is my right according to Which magazine. The hot water sub-system is not working.  As I can't get the main contractor to respond, I am hoping the sub-contractor (that installed both systems) will return to repair the fault or replace the faulty box independently. If the main contractor goes Bust before I need to pay will I have to pay the liquidator? They may be deliberately going bankrupt - an old building trade trick - to get out of responsibilities or warranties.

Edited by DaveLister22

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you have the upper hand at the moment so yes do speak to the subbies, they may well not get paid by the company either and will be glad to get the money that would otherwise disappear into a black hole.

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The company did finally respond and the subby fixed the hot water system, which turned out to be a fault with my immersion heater that was only six months old. The installer of the immersion claims he has lost his license, so I am screwed again. Consumer protecting in the UK is a joke. The website that supported this rogue trader is investigating. We still expect the Solar Panel company to deliberately go bust to invalidate warranties,, unless the FIT grant is restarted in some form.

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just because the immersion installer has lost his licence doesnt mean he isnt liable for the cost of his screw up, it just means that he cant put it right. send him a bill and sue him when he doesnt pay

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Yes thanks, suing him is an option, but the consumer protection laws are so poor in the UK; It means it would cost more to sue than the trader owes. Rogue traders know this, so that's how they get away with screwing customers over small jobs that go wrong. In theory, you could ask the court to order the trader to pay your costs but this is not guaranteed. It would depend on which side of bed the Judge got up that morning. Also small claims take a shockingly long time to settle.

Edited by DaveLister22

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