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jaisunny

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Everything posted by jaisunny

  1. Yes correct. Also a little like a laptop, where you buy a laptop then go onto the lenovo website for example and then register it in your name, similar to that too. But im sure with alaptop the registration can be remove by the manufacturer. In this case this cannot be done.
  2. Question for the experts. Need advise on where do buyers stand on returns of brand new items that the buyer has gone against terms and registered the hardware and software in their name which cannot be removed. Thus rendering the product useless to resell on new and cannot really resell on as used as its linked to someone else's name. Advice on that?
  3. @*RainbowTears*That is great information, thanks for the reply. may i please PM you to ask you a question?
  4. Hi guys, Right, so i have contacted DHL twice now on the address which was stamped on the original court papers/claim forms. Absolutely no response what so ever. I would like some help if possible, could anyone recommend an alternative DHL representative to contact regarding this? and finally could anyone knowledgeable on this matter take a quick look at the letter i sent DHL to tell me if its adequate or not? Many thanks
  5. Not if you have a company vehicle with a company tracker attached. This verifies everything. If travelling was classed as rest and not part of the shift as i mentioned before i can flip the situation completely and i could potentially have say 2 hours sleep at home before my shift starts due to travelling home for hours and hours. Then the next day i could crash due to lack of rest and for example kill someone due to lack of rest. Its 100% the employers problem, they employed you therefore they know where you live. If your stuck in a traffic jam for 10 hours the employee did not and can not change where the location of the employers premises or customers are located. The employer knows where you live and therefore has to take responsibility if any travelling issues occur. Of course this is only true if as i understand your job involves driving ie... courier, plumber, field engineer...etc. If you have a fixed place of work such as tesco's the rules may be different. But as i say if your job involves driving, rest is when you are at home.
  6. Hmm, then it would leave me still confused. Unite said if your job involves driving then travelling home is not classed as rest till you physically get home.
  7. Nope, its a genuine question for a genuine scenario which has occurred. I am 33 years old, i did course work 13 years ago. Since the last message i have spoken to unite the union and they advised what you have mentioned renegadeimp is INCORRECT.. Just to clarify and make it clear for others reading this. TRAVELLING HOME FROM A JOB THAT YOUR BOSS/MANAGER SENT YOU TO IS NOT CLASSED AS REST. THE MOMENT YOU STEP FOOT OVER THE THRESHOLD IS THE MOMENT IT IS CLASSED AS REST BETWEEN SHIFTS. Of course there has to be some common sense here. ie.. an employer would NOT employ you knowing you live 2 hours from a fixed site based workplace. If they did then they would of been notified of this by the employee and therefore the employer has to take travelling into consideration from when the employees shift starts the next day. I didnt think it added up that travelling was classed as rest, after all as i say you could get stuck in traffic and only have say 3 hours rest at home before your shift starts, that is the EMPLOYERS problem not the employees. Just to make that clear.
  8. Either way that doesnt answer the question
  9. I see, Let me explain the scenario in a little more details. so if john was told by his employer at 4pm to go to this job which the distance is a longer distance than the 60 minutes travelling home his contract states he needs to give and was told he needs to attend the job at 6pm. John told his manager sorry if i do that i will finish the job when my shift finishes at 7pm BUT i will not get home for 2 or 3 hours (contract states need to give 1 hour travelling unpaid). This taking him into overtime john does not want to do. His manager told him sorry you have to do it. There is 2 other employees closer that work in the area of this job but they have another job to do already. Johns contract is not a national on call engineer (sorry for putting that in the first post) he works in a allocated area but the job his manager was telling him to do is outside of his allocated working area. John has only just 2 weeks ago returned back to work on full hours, prior to that john was on reduced hours by his GP. Also what if manager has full access to trackable vehicle to notice when john got home? If the '11 hours rest' includes the travelling home whether it be 10 mins or 10 hours. Potentially you could lets say drive home for 10 hours then get 1 hour sleep then back on your shift again (manager knows where you live and insisted on sending you miles and miles away knowing you'll get home too late). Then after your 1 hour rest you go back to work and kill a family of 4 on the road due to your tiredness. Employer would not be responsible at all because its employees fault for living too far away from the one off job the manager sent you on? SO here we are not talking about a fixed place of work such as tesco whereby you'd expect most employees to live within 15 mins from there workplace. We are talking about a field support position whereby john does not know where he will be going throughout the day till the last minute.
  10. If an employee told his employer he cannot do that job because he would get home too late. But the employer demanded him to do it anyway. Employees fault?
  11. But what if the system is not being abused. What if an employee genuinely drove for 6 hours to get home at 3am and then had to leave his house again in 5 hours time?
  12. Its a little vague, because i give another example. If john clocks off on his job at 9pm but drives 6 hours to get home, so home time 3am. But his shift starts again in 6 hours (but the contract states he must leave at 8am so technically 5 hours)? Does it count from 9pm or 3am. If it only counts from 9pm that means the law recommends driving is rest?
  13. Hello, Quick question about rest between shifts. I can see doing a google search that this is 11 hours. But can I explain this situation. If john works 9am till 7pm as national on call employee(no set work place) but his contract states 8am to 9am and 7pm to 8pm must be free unpaid travelling time. However 1 day john finished his last job at 8.30pm and got home at 10pm. Does the rest count from 8.30pm or 10pm when john got home??
  14. Well when my brother asked my sister to come in as a lodger it was via email and they said they cannot add my sister to the tenancy 'at this stage' but was happy to allow my sister to move in as long as it doesnt become overcrowded. Which it wasnt. Recently when my brother asked for my sister to be on the tenancy via email to the same person at the HA they replied very bluntly and said 'your sister cannot be added to the tenancy'. The latest development is my sister has spoken to the HA via telephone and told them that our brother may be moving out and she needs the tenancy if possible to be passed to her. They said on the phone that it was ok after a bit of huffing and puffing. However they want my brother to send a written letter to say that he will be moving out and the tenancy will be passed to our sister. I find it a bit odd and i worry that the HA could be tricking my brother and sister into giving up the home completely. They are very cunning i know this as i had a problem 16 years ago when my grandmother died who i had lived with all my life and they wouldnt pass the HA home onto myself and tried everything in the book to wiggle their way out of it.
  15. Ah ok understood. So if my brother was moving out as my sister has lived there for over 12 months then he could hand the tenancy over to her? i think thats his ultimate goal anyway to move out eventually.
  16. Hello, wonder if I can get some advice please. Currently my brother lives in a jephsons housing association house and has done for 5 years. He applied for our sister to move in as she couldnt afford her other house she was renting, he got her in as a lodger back in 2012. Now she had lost her job and is on reduced hours at her new employement. Were trying to add her to the tenancy so there would be a possibility of my sister having the property in her name should my brother move on or so she can get help with rent due to only working 12 hours a week. The housing association has refused this but according to their handbook it states you can add someone to the tenancy if they have been living there for 12 months or longer which she has. The housing association is not budging at all. Anyone able to give some advice on this please? Would really be helpful. Thank you.
  17. Appreciate your explanation which makes sense now, i do have a union rep which i could give a call i guess. Also my relationship with my employer is already sour as i aired some concerns about some bully managers and it seems it was not taken lightly with other senior management during that process.
  18. Thanks for that, Are you sure a PCN is not a fine or a fixed penalty? technically i thought it was either of those..? maybe i am wrong. Do you think on the basis i was not granted the opportunity ie... the independent adjudicator documents within the time frame to appeal is a good enough reason to dispute this with my employer? and what would you mean by 'dispute' ? via legal methods or simply disputing them via writing?
  19. This is what it states under the PARKING FINES section. - Parking fines and fixed penalty charges are the responsibility of the driver. They should be paid immediately - If the company has to pay a fine or fixed penalty charge a administration fee of £25 will be deducted from your salary.
  20. Thanks for your input, of course if legally i should reimburse my employer i will do. I just feel robbed of a opportunity to appeal. I will check the wording of my contract now, hold on.
  21. Contract states its down to myself to pay parking tickets. But my question here are.. 1. When i declared i was the driver of the alleged parking offence by appealing the ticket, Why did the council send the appeal decision to my employer? its not an employers job after a driver admits to being in control of the vehicle at the time. 2. I did not have the chance to send the appeal to the independent adjudicator because as mentioned above in point 1 and also the fact my employer emailed me the appeal decision with the adjudicator documents to my old email account delaying the process/time frame. I would of loved to have taken this to a independent adjudicator but i never got the chance to due to not receiving the paperwork to do so.
  22. I need some advice please. I parked in a bay on the side of a road at 6.39pm, i got out and looked at the parking meter and it said 8.30am - 18.30pm chargeable. Again had another look around and went about my business. I was in a company vehicle. A week or so later a parking notice comes through to my employer. A cctv camera got me in a restricted parking zone!. I went right onto google maps street view and i can clearly now see a restriction notice sign between 6.30pm - 7.00pm (god knows why). This sign is protruding out of the kerb facing the road and i remember parking right up against the parking meter (the sign is next to this). So with my vehicle parked up against this signage there was no way i could view this sign without standing in the other side of the road. my employer got the ticket and notified my line manager who then in turn forwarded it on to me. I appealed it on the grounds the signage was poor if you park a van next to it (which i did) a nd the parking meter did not explain the restrictions. Of course part of the appeal i admitted i was the driver so had to give my name + address. The council refused the appeal and send the decision to my employer again (not myself who i declared i was the driver, which i thought was odd of them??) Now my employer decided to send the appeal decision to my OLD email account which i had notified them via email that i no longer will use this email account 6 months ago. I did used to check it once a week or every 2 weeks or so to make sure i wasnt missing anything important (as i used that email on old CV's..etc). when i logged in and saw this email already the time had run out to pay at reduce costs OR let a independent adjudicator decide if the ticket should stand or not (i would of appealed again with the latter). I also noticed the scanned in appeal decision and other documents the council sent was not scanned in correctly and the appeal to the independent adjudicator part was half missing in the scan (my employer scan to me). I notified the fleet manager that i got the email (eventually) and that i was my old email account and that he did not scan me the copies in properly. The fleet manager agreed to send me the paperwork via mail to my home address. I did not receive this letters. So by this time the ticket had risen to £165. And my employer decided to pay it + charge me £25 for admin costs. Total £190. Now they are demanding i sign a document to pay it which i feel i had acted accordingly and never did get the opportunity to appeal to the independent adjudicator which i strongly wanted to do. I am being constantly pressured to sign this document to allow them to take £190. I am wondering how i can go about this? its been 1 year and my employer reckons the council is at fault and that if i pay the employer i can then appeal the ticket again with the council. I know this is utter rubbish as i believe once you pay your guilty. Just wondering what i can do in this odd case?
  23. Just to update i've received diddly squat back from DHL now and its been 6 weeks. I think its fair to say i will not get a response from them. Ironically you'll never guess what happened 2 weeks ago, We had a delivery from DHL and my unsuspecting partner gave cash to the driver. He did not sign the document that was supposed to be signed and my partner being dozy at the best of times did not notice. Looks like another CCJ on the cards again in the next 1 or 2 years time from now. ARGH!
  24. Already mentioned in the original post that i have spoken to him..... I am not thinking of court proceedings now BUT if i needed to later down the line.
  25. You do not think if i record a conversation about when he will pay the money back would be helpful?
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