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    • Just had an email re the my breache in agreement by her rep.   I asked you yesterday if they had asked about her name in the thread being removed.   The issue they have is the Elizabeth turner and genetic pups entry on google.   they knew I did not put it up and told them so in court.  I dnt know how to post on google.   I told them I cannot remove what I did not post.  when i come back here and saw her name gone from threads title, I presumed her reps sought it.   now I get an email saying her names still on google ur breaching the agreement as it’s still on google.  
    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
    • The argument about the date of receipt is now dead because the PCN  does not comply with the wording  of the Protection of Freedoms Act 2012 Schedule 4.  First reason Section 9 [2] [e]  "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges;" Second Reason Section 9 [2][a] "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;" All your PCN does is mark the time you entered and left the car park. It does not include all the myriad things you do in between-driving into the car park, looking for a parking space-perhaps a disabled space or  parent and Child place@ getting the children or disabled person out of the car then going shopping. Coming back; loading the car with shopping [, getting the children or disabled into the car, taking the trolley back to the store; driving to the exit perhaps stopping to let vehicles/pedestrians cross in front of you etc. so subtracting the driving times from before and after parking can make quite a difference from their time to the actual period parking time. So the upshot is now that only the driver is responsible for paying the PCN and the keeper is not liable at all even if the name of the driver is never known by Nexus so well done for not appealing. You obviously want to keep it that way to make it very difficult for them to win in Court if it ever goes that far. Although your question is now moot since  the same objective has been achieved by the non compliant PCN [ie no keeper liability] just  about the only way to dispute the timing of the PCN would be if one kept the envelope and there was a discernible date stamp on it that did not match the date on the PCN. There is a new Act coming out [and it cannot come quickly enough ] and one of the things required is that parking companies will have to prove the date of sending out their PCNs. We are not the only ones who sometimes doubt the veracity of their dates particularly as the later it is sent [unlawfully] the shorter the period motorists have to benefit [?] from the reduced payment. I haven't seen it on your posts but do you know how long you are permitted to park for free?
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Online order, paid for, but not received.


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From their website

 

Copyright © 2009 Baby Supplies Ltd

 

 

Comoany Registration:

 

Name & Registered Office:

BABY SUPPLIES LIMITED

19 CAMBRIAN WAY

MARSHFIELD

CARDIFF

CF3 2WB

Company No. 05007796

 

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 06/01/2004

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 31/12

Last Accounts Made Up To: 05/01/2008 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 31/10/2009

Last Return Made Up To: 06/01/2009

Next Return Due: 03/02/2010

Last Members List: 06/01/2009

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I might have guessed it was them.

 

You don't give a monkeys it's their 'policy'. It is your money. And you want it back.

 

Under the Distance Selling Regulations the supplier has not complied with the law and you are due the monry back, and Halifax's 'policy' is immaterial.

 

Which of their cards did you use, debit/credit - Visa/Mastercard/Maestro?

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Excellent! Call your bank, advise you are requesting a cashback under Visa's customer guarantee scheme. Don;t listen to their guff - say if you do not get the refund within 7 days to your account, you'll raise a formal complaint with Visa International of their refusal to comply with a legitimate refund request.

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well Halifax were having none of it! just kept saying there was nothing they can do and they can't comment on it!!!! they are an absoloute waste of space, they were told that aswell!!! never spoken to someone so rude!! thanks for your help though.

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Don't let them get away with it. Ask to speak to someone more senior until you get someone who actually knows what they are talking about. They have a long history of this, and then they deny have heard of the Visa guarantee.

 

Refer them to this:

 

http://www.visa.co.uk/security/main.html

 

Also contact Visa directly; [email protected]

Edited by buzby
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for 16 mninutes and 43 seconds i listened to a very rude bloke tell me, how no one in the call centre can help, its not there fault or problem but he understands!!! i was going to ask, how do i make the complaint to visa, thanks for all the info you've given me, your help has been much appreciated

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  • 10 months later...

The same has just happened to me with Bedswarehouse.co.uk. I paid £179 for a bed and was told it was out of stock,but only when they had taken the money from my account. After four weeks I requested a refund. They told me it would take up to 14 days for the refund to show up in my account. Two months later and still no refund and my bank told me that no attempts had been made by them to credit my account. Fraud investigators are now on the case. My bank (Alliance & Leicester) told me you are protected if you pay online by Visa, so keep pushing it.

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