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    • look at the pix on the NTK that show his car going in/out look at the drain covers .   now look at the picture in the PDF. same car park.     purley way carpark.pdf
    • https://completelyretail.co.uk/scheme/2418                                                                                                                                                                                                                                                                                                                                                                                                                                                                  I do think he is right about the car park.   This is the Purley Way Retail Park and the photos of the vehicle were taken in the other park.                           
    • That WS is appalling.   I got lost with all the "I", "he", there is only one person being sued.   You, personally, have been great at supporting your dad's mate, but as the mate is presumably retired I don't understand why he/she hasn't used the time to look up WSs that were successful on the forum.    
    • worthy to note on google earth that is the purley way carpark in their NTK pictures and if thats his car , the defence and that WS is not going to work.   he is looking at the WRONG carpark, in his statement, the caravan one with the bailff notice is not purley way !!
    • Having received a claim for a parking infringement in February 2020 my friend went to discover where the Purley Way Retail Park was.   He told me what the 6 shops within this complex were and I then knew that I had never been inside these shops or the car park that is situated in front of these stores.  Apparently, he had also spoken to a member of staff within one of the shops who confirmed that there was no time limit for parking in this car park.   I then replied to this with a defence claim stating the following.    "I have just received notification of a parking infringement which occurred 25/5/19." "Obviously, I can't remember where I was on that day but I have now visited the Purley Way Retail Park where the offence is alleged to have occurred and I can confirm that I have never shopped in any of these six shops in that retail park. also there doesn't appear to be any parking restrictions apart from caravans"     Perhaps I should have said that I had not parked there on that day in question 25/5/19 but that is what I meant.   I received a reply to this defence claim dated 5/3/20 rejecting my defence.   Mr then said he would help me in this matter and he returned to Purley Way Retail Park and took photographs of the entrance and the signs available at the entrance. He then emailed them to BW on the 20/4/20 as shown above after a phone conversation with them.   As requested, the 3 photos (numbered 1,2 and 3) of Purley Way Retail Park. The drive-in entrance is the only way into the units and although the 2 car parks either side of this unit only allow parking up to 3 hours, this car park has no parking restrictions which was confirmed to me by a member of staff about 2 months ago.   I suppose it's possible that a year ago parking restrictions were different and if so, can you please let me know when they changed. He received confirmation that they had been passed on to their client and would get back with a reply.   As he had not had a reply, he phoned on two more occasions but no reply had been received from TPS. Eventually he phoned on the 3/8/20 to be told that they now had a reply, after over 100 days and they would forward it on. On receiving that email, he immediately knew they were not photos of the Purley Way Retail Park (photo 4) as it was a much larger car park and he told that to BW.    On the following day further photographs were sent of my vehicle in the same car park as the previous days offering which is not the Purley Way Retail Park.   He was not completely sure what the car park was but on his return to this county he discovered they were photographs taken in the Lombard Retail Park (photo 5) which is situated over 3/4 mile (1.2km) from the Purley Way Retail Park. I have also enclosed photos of the same car park (numbered 6 and 7) in which you can clearly see the Matalan store and also the Range which replaced Homebase when it shut down.   Bearing in mind that you have shown a photo of my vehicle in this car park it could not be in the Purley Way Retail Park at the same time and I confirm it was not ever left in the Purley Way Retail Park.   I believe that the facts stated in this statement are true.  
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Hi

I need some urgent legal advice. I can't afford solicitor's fees.

 

I had filed an employment tribunal claim against my previous employer which I withdrew few days before hearing.

Respondent had been sending threatening letters for cost of almost £30k and I panicked and asked ACAS for settlement under duress.

I had made application to ET to reject cost application but they didn't respond.

 

It was "drop hands" COT3 agreement (no payment but no cost demand).

I didn't get any legal advise as all happened in less than 2 days time.

 

COT3 is signed and sent to tribunal and claim withdrawn.

Clauses in agreement prohibits me from making any damaging comments about respondent except as a consumer and in good faith. And it also mentions that I will pay for damages and legal fees in case I breach the agreement.

 

There had been huge outrage among consumers about poor customer service of respondent and I joined one such forum and made number of comments about poor customer service. My comments are in much lighter vein other members of that group with many using abusive language about respondent as many have lost money.

 

I have now received cease and desist letter from respondent.

Language is threatening and says I should stop making such comments as it is damaging their reputation.

 

Letter says

a) I agreed to pay for damages and legal fees for such damages

b) they will take further legal action

c) I can make comments only as consumer who 'purchased' goods and in good faith

d) my allegations are false

e) they will seek immediate injunction if i continue making comments

f) I should sign a letter that I will not make any more comments and move on etc.

I know this is these are their first stage tactics to gag me.

 

I want to know

1) What are my legal rights as consumer and freedom of expression in this case.

What sort of comments I can make and what I can't.

Can I talk about referring to journalist/newspapers, petition, ASA, trading standards , ICO, IPSO etc and ask others to do same ?

 

2) What could happen if it gets further escalated

3) How strong/weak is my position? Does settlement agreement clauses about making comments matter even though there are hundreds of others making more serious comments?

 

4) Legal procedure for them to take further action and how much of that will be public domain and whether merits of my comments about customer service could be debated based on other consumer's experiences.

Could it turn into public trial for poor customer services of respondent or court wouldn't even let those points discuss.

 

5) what should i do?

6) Can I approach to employment tribunal for anything like invalidate settlement agreement or any clause, appeal etc.

I didn't get any financial settlement but now I am worse off than normal public.

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I'm terribly sorry but you posted a very long of text and it's very difficult to read on the screen and it will discourage people from giving the help that you need.

Please will you edit it or repost and present it properly spaced and punctuated.

Thank you

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done for you

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay – my site team colleague – Mr nice guy @dx100uk has done the editing for you.

I understand that you may not want to publish who you are dealing with in public – please would you email us at our admin email address and let us know who it is. This will be treated completely confidentially but it may help us in the advice we give you

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we don't delete threads re your report

 

sadly you need to be have patience 

 

its only been 36hrs and most probably our experts don't return to work until tomorrow.

don't forget this is a volunteer forum too..

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then thats not an issue.

 

admin would not be telling anyone anyway even if they did start to advise without your permission.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No, I asked similar question on some other website and all I got was adjectives , phrases and things like 'you should shut up and move on', don't dig while you are in hole etc.

 

Such things doesn't help but only makes you more defensive.

This thread hasn't got any responses yet, so it is not for this thread.

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Hello,

 

I have read the thread on the other board and, sorry to say, agree with the answers.  However, I only know HR, and not specialist commercial  law.

 

I would see it as a breach of our agreement and seek to make you stop/ repay any funds we had given in settlement. I have certainly done that before, and been successful. The general "we will not speak ill of each other" type of clause needs to go both ways. You would not be keen if they posted on message boards saying you were uncooperative/ awkward etc, even though in their eyes this would be true.

 

I think you really will need to pay for a specialist lawyer if you are determined to find a way to keep the money, and keep complaining.

Edited by Emmzzi

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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There is no money to pay.

It was drop hands settlement.

 

I had a valid claim but couldn't afford solicitor fees.

Respondent never gave any offer and used 2 different law firms and racked up bills (including expected fees) of £30k.

 

They were sending emails that I should withdraw claim or they will seeks costs.

I withdrew claim out of distress.

 

I asked ACAS that defamation cause should only be related to employment related and not as normal customer.

But this is what I got and I had no option but to agree. 

 

About respondent

- there is some online forum with bit less than thousand users.

Many people have lost lots of money because this company doesn't respond to emails and there is no telephone contact. Savings are exaggerated.

 

They didn't notice my comments as everyone is making comments, until I talked about ASA.

Half of my comments are about explaining procedure to buyers on how to get money back but they have not mentioned those.

 

I am looking for some specific answers like -

Does complaining to ASA, Trading Standard etc come under whistleblowing and can't come under any agreement.

 

For losses - doesn't it first need to be established that loss occurred and reasons for that.

 

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Here is information on what constitutes whistle blowing What you describe sounds like civil, not criminal, lawbreaking so likely would not count. But a lawyer who knew the detail could advise more fully.

 

https://www.gov.uk/whistleblowing

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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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