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By comebackjimmy · Posted
Thank you for your response BankFodder. First of all her employer is a care home and she is a Part Time Carer. I do not know what the company is called but would prefer not to publish it here even if I knew. Having read through the link you provided I would tend to agree with your opinion regarding the Estoppel standard of proof especially as she is getting 50% more than she should of been expecting. Having said that she has had this from the very start and knowing her as I do it is possible she thought this was her monthly wages! In her everyday life she goes from hand to mouth so there is no improvement in lifestyle unless you consider her absence from Foodbanks an improvement! I think the solution is for her to repay at the low figure that seems to be in place but to disregard the contract requiring her to pay it back before or on leaving. Should she give notice and work four weeks how can we stop them from witholding her last months wages? -
Hey, so just received an email from CRS. Saying I have to prove I cancelled...yawn. Bearing in mind this is way over a month ago I sent them a letter! shall I just block them now? Not even respond? this is regarding gymetc and I joined their gym online... thanks!
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What does it actually mean when some one says" for clarity" you mean in your opinion really dont you? HB Thanks, girl done well. Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar. Anyway lets see if there is anything I have not cleared up already. You say "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings." So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void. Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction." Noope The regulation says the court cannot interfere with the making of a SD,again completely different Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case. Said this alreay. To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course. Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course. Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me. One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation. -
Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish! --- Your complaint about POPLA Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints. I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye. POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed. You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal. You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows. Regarding grace periods. While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period. You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision. POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making. I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site. You advise that no contract was formed between the driver and the operator. The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached. After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision. As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh). In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter. Yours sincerely Paul Garrity POPLA Complaints Team
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