Author Topic: NSL Ltd up to their old tricks in the Royal Borough of Kensington & Chelsea  (Read 2884 times)

0 Members and 1 Guest are viewing this topic.

Offline Web Admin

  • Administrator
  • Follower
  • *****
  • Posts: 748
Hakim Berkani, who worked as a Civil Enforcement Officer in the Royal Borough of Kensington & Chelsea, was sacked when he refused to adhere to ticket targets set by his employers, NSL Ltd. This is what an employment tribunal concluded as matters of fact (see full judgment here: http://nutsville.com/download/Berkani-v-NSL-judgment.pdf):

--------------------------------------------------------------------------------------------

JUDGEMENT

The unanimous judgement of the Tribunal is that:

1 The Claimant was unfairly dismissed

2 The reasons for the Claimant's dismissal were his opposition to the Respondent's clandestine quota system relating to the issuing of parking contravention notices, and his trade union · activities, neither of which were potentially fair reasons for dismissal within section 98(2) or some other substantial reason of a kind such as to justify dismissal.

3 The dismissal was substantively and procedurally unfair.

4 The Claimant was not guilty of contributory fault.

5 But for the unfairness he would not have been dismissed[/i]

-----------------------------------------------------------------------------------------------------------

Now there is this:

-----------------------------------------------------------------------------------------------------------

Motorist slapped with parking ticket after stopping on a yellow line to mark the Armistice Day silence

A motorist who stopped on a yellow line to mark the two minutes' silence on Armistice Day was given a parking ticket.

Anna Whitworth wanted to remember her great-uncle, a navy captain who died when when he went down with his ship during the First World War.

Ms Whitworth told the Times she heard Big Ben strike 11 o'clock on her car radio and pulled over in a quiet street in Kensington.

She said the parking warden gave her a ticket timed at 11.01am.

I wanted to respect the two minutes' silence so found a street off Kensington High Street to park.

I stopped on a double yellow line and got out to stand by my car as the clock was chiming on the car radio.

As I stood there, a ticket officer came up to my car making noises that I couldn't park there. I told him I was only observing the silence for Armistice Day for those fallen in the war but he just looked completely blank.

I thought, Fine, go ahead, because it was so ridiculous. It was so daft and unreasonable.

Kensington and Chelsea Council issued a statement suggesting Ms Whitworth appeal the ticket, but stopping short of an apology.

"The two-minute silence is a solemn event which understandably many people wish to observe.

The Council would certainly wish to take these circumstances into account and would encourage this motorist to contact its parking office."[/i]

http://www.itv.com/news/london/2014-11-13/motorist-slapped-with-parking-ticket-after-stopping-on-a-yellow-line-to-mark-the-armistice-day-silence/

-----------------------------------------------------------------------------------------------------

Hakim Berkani was unlawfully sacked. The managers responsible for the unlawfulness were not.

2 + 2 = 4.

Some things never change



Offline Ewan Hoosami

  • Administrator
  • Follower
  • *****
  • Posts: 2227
  • Veni, Vidi, $chunti. I came, I saw, I assisted.
A recent K & C adjudication,

Case Reference:   2140413575
Appellant:   Mr Council Cash-Cow
Authority:   Kensington and Chelsea
VRM:   B16 5CAM
PCN:   KE23071148
Contravention Date:   25 Apr 2014
Contravention Time:   08:31
Contravention Location:   Chepstow Place
Penalty Amount:   £130.00
Contravention:   Parked in a suspended bay/part of bay
Decision Date:   13 Nov 2014
Adjudicator:   Gerald Styles
Appeal Decision:   Allowed
Direction:   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons:   The appellant has attended today. The Council did not send a representative to the hearing.

He has brought with him letters from his neighbour in Pembridge Square and his wife. I have accepted that neighbour was due to move the car at 8.30am.

The Council case is that the officer issued the Penalty Charge Notice at 8.31 prompt.

The Council case is that as the suspension was from 8.30 the officer was correct.

The Council case furthermore, is that there is no legal requirement for preliminary observation in this type of case, and no period of grace. I have agreed with those two propositions. I have also agreed that any practice of notifying affected residents over the telephone for example,  is not legally obligatory and does not have any bearing on the proper outcome of this appeal today.

The appellant has voiced objection in principle to the officer being "ready and waiting" to issue a penalty charge notice on the dot but I can see little legal basis for that objection. I do however fully recognise that at 8.31 am a penalty charge notice for a 8.30 am cut off  is quite likely to provoke extensive correspondence and persistent challenge from the motorist receiving a penalty charge. The appellant in this context referred me to the public remarks of Mr Pickles MP but until a change in the law results from his remarks I will adjudicate cases under the law which remains in force.

In my approach today the  outcome of this adjudication turns on the precision of the officer equipment and accuracy of timing.

I have seen in the letters brought  from the neighbour and the appellant's wife today how they state arriving at 8.30am  (by their watches)  and finding the car ready already ticketed.

When I have to  resolve a difference of timing  and the dispute revolves around a single minute I look for the clearest evidence of daily calibration of the officer's equipment (typically these days this will be by reference to the Rugby clock, one  principally based on atomic measurements rather than the earth's rotation).

I have not seen that quality of calibration evidence
in the instant appeal and the single minute has not been enough to persuade me the penalty charge properly stands. Doubt over this discrepancy is properly resolved in the appellant favour in my judgment.  I have recorded the appeal as allowed.


You'll not be surprised to hear that there are plenty of examples to be had.
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline KingHamadryad

  • Civilian
  • *
  • Posts: 2

Greatful.Don't have you. I can't do it.

Offline Kill Switch

  • Administrator
  • Follower
  • *****
  • Posts: 1379

Greatful.Don't have you. I can't do it.

 <_>
A word to the wise ain't necessary - it's the stupid ones that need the advice


Offline coco

  • Administrator
  • Follower
  • *****
  • Posts: 543
  • Northampton
KingHamadryad has now been deposed!

Offline Ewan Hoosami

  • Administrator
  • Follower
  • *****
  • Posts: 2227
  • Veni, Vidi, $chunti. I came, I saw, I assisted.
Hmmm. Talking a load of bollocks and making no sense at all, I wonder who he could have been? 


Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline DastardlyDick

  • Follower
  • **
  • Posts: 1697
Hmmm. Talking a load of bollocks and making no sense at all, I wonder who he could have been? 




Mr Patrick "Trouser Fire" Troy spouting utter tosh? Surely you jest!

 


Supporters of the NoToMob

In order to view this object you need Flash Player 9+ support!

Get Adobe Flash player