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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
    • Thanks, I am worried because on the citizenship application they ask if I received warning, I am not sure if TFL warning this the same police warning or not?? 
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Sons Ex employer


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Hi All. 

 

I don't know if this is the right place. If not sorry. Also sorry but some of this might not be relevant but thought it might be due to backround of the problems

 

My Son use to work for McColl's as a Paperboy. They put the shop he worked from up for sale along with a few other stores, July/August 2019. This was part of a cost cutting restructuring measure.

 

just under a year later a husband and wife team brought it, everything went through fine and the official take over was the 3rd August 2020. At this stage he had been working for the company for 3 years. He also turned 17 this day. It was all legal as well he had a work permit and everything. He received a P45 and P60 from the previous employer.

 

At first everything was fine then around the November wages were late, Son was saying about arguments between the husband and wife on shop floor, the wife and Store manager, the husband and store manager, the Husband/Wife/Store manager and staff all on shop floor in front of customers. Staff were even noticing that at times the wife was very scared of the husband and would come in bruised .

 

At times papers would not be delivered that day and the delivery company was blamed but then Morrison, about 5 minutes walk away, had them. Staff started leaving across the board. They have a post office inside and even those staff were leaving. I also later found out by mistake that bills were not paid to suppliers of stock the council not paid for the BID funding and other bills. Ok l phoned some people and asked not my fault they gave me the info also bumped into ex staff members who told us.

 

My Son left in January 2021 and he said he was sick and tired of being treated like rubbish and the arguments at work chasing wages and the other problems. At one stage his boss even confronted his at college about a mistake that was not even his fault but the Husband/Wifes and told him not to do it again, new person wanting a paper but was not put on the list so he did not know. 

His wages did not turn up when they were meant to on 1st February and as result he had to chase every day.

 

I then sent a letter politely demanding his wages are paid into his bank within 24 hours at their expense or l would take matter further. They were paid the Monday 5 weeks after he left.

 

He has not received a pay slip since the new people took over, l also think he was not being paid correctly as he was doing a hour a day and being paid £16 a week at one stage then it did go up but not by much. He had not received a P45 or a P60.

 

Am l right in saying he should have received the P45 and P60 or did the previous company make a mistake in sending them. He does not want to make a complaint re the way he was treated by them. 

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I think your question might be, should he get a P45 and a P60 from the new employer?

 

Or it might be, should he have been TUPEd over to the new employer.

 

Can you clarify? And also state why this has become a concern?

 

Thanks.

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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During the change over period for about, 6 weeks, there was a series of meetings. About 3 in 4 weeks. Due to his age l attended them with him. We had to sign paper work to say we was happy with his details being passed over to the new company should he be staying Employed by them. I assume they were as he  was still paid. 

 

He now does not work for the new employers as of January 2021. He never received payslips nor has he received a p45 or p60.  

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Hi,

 

I am afraid I still do not know what your question is.

 

Em

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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My 6 year old can understand the question so how you cant l dont know. 

 

When he left the new company he never got a P45/P60. Should they have issued them by now. If so how do we go about getting them. 

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I'll leave your six year old to reply. Good luck!

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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A very rude answer to a well respected Site contributor and hardly the way to encourage others to answer.

 

In any event, the most recent employer should have given YS a P45 showing pay and tax (if any) from 6/4/20 up to the date of leaving.

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My Son was not Employed by that company on the 6/4/20 as they only officially took over on the 3/8/20.

He does have a P45 from the previous company up until the 2/3/20. So am l to assume he should have the P45 covering the 3/8/20 to date he left. Also what about payslips. Money was being paid into the bank so they claim he does nit need them but then again how does he know he was getting the right amount of pay for the hours he done. I am guessing he was not. 

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Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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P45 for date of leaving recent employer should show cumulative pay and tax from 6/4/20 to date of leaving. It doesn't matter if YS was employed ON 6/4/20 or not.

 

The P45 from McColls should have been given to the new employer but, as it was a take-over, the new employer may have used the correct figures anyway.

 

Unless YS had tax deducted on his wages, the P45 issue is less important now we're already in a new tax year.

 

The right to payslips and rates of pay would have been something Emmzzi could have helped with, but that's probably a bridge you've already burned.

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If the employers have not done what should be required, then I would suggest contacting Mccolls head office, if the local store owners have not done what is required.

 

I replied thinking he was under 16, but as a 16/17 year old, then the employers have duty to report to HMRC and provide payslips.

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Per para 3 above, son turned 17 in August last year :-)

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Yes i have amended my post.

 

I suspect the main parent company McColls has some responsibility for the individual stores, during the process of change over periods.   Therefore McColls head office should be able to ensure required actions are taken.

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The main parent company is actually Morrison's...who would have thought !

 

https://www.insider.co.uk/company-results-forecasts/mccolls-closes-179-stores-despite-23145634

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Morrisons.  Did not know this !

 

This is the address for McColls

 

McColl’s House, Ashwells Rd, Brentwood CM15 9ST, United Kingdom  Telephone number  01277 372916

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Its not owned by McColls/Morrisons any more. They sold a load of stores off of which the store in question is one. It got sold to a husband and wife team. I did say in the original post its no longer own by McColls. 

 

Its hard to say who its owned by as the shop now has no name above it. When they first took over it was Budgen of xxxxxx. I phoned Budgens head office, bookers, when l was trying to get the wages issues sorted over pay but they said they removed them.in December due to lack of payment

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Quote

 I did say in the original post its no longer own by McColls. 

 

Yes we are aware...it was just a general comment of interest as some are still owned by Morrisons...yours must now be an independent.

We could do with some help from you.

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Yep very much independent. They now sell a lot of food with foreign names and instructions. The other problem l am finding is English is not first language.  

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well your Son could report them to HMRC for the failure to report information, if they never reported the earnings information.   If HMRC were to get involved, it might teach them a lesson that they need to understand their obligations as employers.

We could do with some help from you.

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Hmm thats a idea. May give them a kick up backside. 

The Original Company, McColls, We never had a problem with. Tho he has said he cant find the payslips but he does have bank statements. Especially after then 16th birthday 

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Any specific department cant seem to find idiot ex employers department phone number. From my Son

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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We could do with some help from you.

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Thanks UB. Its not been a good few days. i will get back on top of this Monday should have a clearer head and more time as kids back at school hopefully.

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license. 

What more can l do. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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What information do DVLA need for a provisional licence ?

 

Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.

 

 

 

 

 

 

 

 

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Its because he does not have a passport. According to the rules they have said he needs to provide certain documents yes a birth certificate and yes proof of National insurance number but other than that they are asking for more. He has a bank statement but thats it other than the P45. 

 

 

https://www.gov.uk/id-for-driving-licence

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Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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