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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "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 ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Council tax arrears - new home nightmare


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we moved into a new place in october last year, and spoke to the council about our bill, we mailed them saying we'd moved in, they asked for tenancy agreements so we sent it, and they sorted out our parking permits and then nothing. we waited for our info about payments and heard nothing until end of january, when they sent us a bill for £500. we've been waiting for them to sort it so even though it took a lot longer than we thought it would we are pleased they have finally sorted it, but as it was a bill for £500 which we dont have, i emailed them and said can they spread it in instalments either with our bill for the next year or however they want, but we do not have £500. they emailed me back finally today saying no! this is from the letter -

 

If you are unable to make the full payment by 1 March 2011 as stated on your bill your account will follow through the council's recovery procedure, this will involve a reminder and a summons notice being sent to you.

 

A summons is issued so that the council is able to secure your debt with a liability order, which will be granted by the magistrates court.

Once a liability order is obtained we are then able to set up a new repayment plan with you so that your debt can be cleared.

Please be aware that £60.00 costs will be added to your account.

 

is there anything we can do? why do we have to go to court to pay instalments? we want to pay it, thats not the problem, but we are both self employed and on LOW income, yet they expect us to magic £500 out of the air? i dont get it. thanks in advance.

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Because the CT is due for each financial year, they could have only offered you two instalments anyway because there was only Feb and Mar left of this current financial year when you got the letter. But, I don't really understand why they couldn't have at least given you those two instalments - better than nothing, KWIM?

 

They may not have given you instalments but there is nothing to stop you from starting to pay it now, even if it isn't the whole amount - a bit here and there will help reduce that balance. Have you had any reminders from them yet? If not then you'll get one, maybe two, reminders, and a final notice before a summons is issued - at most that gives you about 3 months before the summons so you do have some time before it gets to the liability order stage. Depending on your income this might be enough time to get it all paid off.

 

Most importantly, make sure you keep up with next year's payments when they become due because you don't want to get behind with 10/11's payments AND 11/12's payments because that will result in more liability orders and more costs.

 

Also, if you're on a low income have you considered applying for Housing and Council Tax Benefit? Might be worth a shot, despite the situation being more complicated because you're both self-employed.

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At this stage in the year the statutory instalment scheme allows for 1 instalment - failure to pay this will result in no more than one reminder for the full balance and then a summons.

 

They can give more than the statutory instalment scheme but that is at their discretion.

 

is there anything we can do? why do we have to go to court to pay instalments? we want to pay it, thats not the problem,

 

At this stage , if the balance isn't paid, then they will obtain the Liability Order to secure the debt - this is standard practice. Once the order has been obtained then they have indicated that they are willing to make an arrangement with you, this is the best case scenario.

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