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    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
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Dropped Kerb


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why do you think this will be an issue?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can I be ticketed for parking in front of my own drive on the dropped kerb?

I haven't been, but just wondered if I could be?

 

I would say yes Jamie , because you would be causing an obstruction to the general public on a pavement meant for pedestrians

The pavement would be the property of the local council even although you have went to the expense of dropping the kerbs to gain access to your property .

 

regards

 

rs

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I would say yes Jamie , because you would be causing an obstruction to the general public on a pavement meant for pedestrians

The pavement would be the property of the local council even although you have went to the expense of dropping the kerbs to gain access to your property .

 

regards

 

rs

 

I think the OP means on the road alongside the D/Kerb.

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I think the OP means on the road alongside the D/Kerb.

 

Im sure the OP said he was parked ON the dropped kerb .

 

Anyway here`s the answer to his question ...

From 1 June 2009, as a result of Regulations made under the Traffic

Management Act 2004, all councils in England and Wales have powers to

introduce blanket Special Enforcement Areas covering vehicles that park on

dropped kerbs or double-park without a requirement to provide specific traffic

signs or road markings. These Regulations do not apply to Scotland

regulations.

 

and this from DIRECTGOV...

244

 

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

 

[Law GL(GP)A sect 15]

 

 

 

regards

 

rs

Edited by royalscot
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I think the OP means parking on the road, in front of the dropped kerb which presumably only provides access to his own driveway. In which case the answer would be no.

 

The council/police would generally only enforce on a dropped kerb which has been dropped to allow pedestrian/wheelchair access on or off the roadway. To enforce on a dropped kerb which only allows access to a private drive the council/police would normally require a complaint from the homeowner that their drive was blocked, and even then, they may not get any help unless they are trapped inside their drive unable to get off, (in which case the police could class it as obstruction as you can no longer go about your lawful business).

 

If you are trapped outside your property then that is "unfortunate", but is not stopping you from going about your business.

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I think the OP means parking on the road, in front of the dropped kerb which presumably only provides access to his own driveway. In which case the answer would be no.

 

 

Unless of course there is a restricion there, the exemption does not apply if there is a yellow line.

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True G&M, but I don't think the OP would have asked the question in the fashion he did if there was a yellow line outside his house. But for the perpose of clarity, it would help if the OP could be more specific about the circumstances. i.e. does he mean parking on the road or on the pavement? Are there any lines (be they yellow or white zigzags)? Is the dropped kerb for his drive only or is it a shared entrance? etc

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True G&M, but I don't think the OP would have asked the question in the fashion he did if there was a yellow line outside his house. But for the perpose of clarity, it would help if the OP could be more specific about the circumstances. i.e. does he mean parking on the road or on the pavement? Are there any lines (be they yellow or white zigzags)? Is the dropped kerb for his drive only or is it a shared entrance? etc

 

I only added it as I know of a couple of occasions when people have thought they could even on a single yellow, daft I know but it happens!

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lots of exceptions to the prohibition whereby you can block your own dropped kerb - and so can others that you have given permission to.

 

http://www.legislation.gov.uk/ukpga/2004/18/section/86

 

G&M must have forgotten to balance his yellow line comment with something that would inform and assist you so I have balanced it for you.

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lots of exceptions to the prohibition whereby you can block your own dropped kerb - and so can others that you have given permission to.

 

http://www.legislation.gov.uk/ukpga/2004/18/section/86

 

G&M must have forgotten to balance his yellow line comment with something that would inform and assist you so I have balanced it for you.

 

Talking rubbish again are we?? If there is a yellow line none of your wonderful exemptioms apply so how does that balance anything out? If you insist on having a childish dig at me at least try reading the thread properly first before posting garbage. We have already established the OP can park on his own drop kerb I was just being helpful and warning him it did not apply if there was a yellow line but of course that is in some way not helping anyone in your strange warpred mind!

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The council/police would generally only enforce on a dropped kerb which has been dropped to allow pedestrian/wheelchair access on or off the roadway. To enforce on a dropped kerb which only allows access to a private drive the council/police would normally require a complaint from the homeowner that their drive was blocked, and even then, they may not get any help unless they are trapped inside their drive unable to get off, (in which case the police could class it as obstruction as you can no longer go about your lawful business).

 

If you are trapped outside your property then that is "unfortunate", but is not stopping you from going about your business.

 

Below are extracts from the Nottingham City Council website relating to dropped-kerbs which may be of interest.

Other Councils may/may not have a similar service in place.

 

.........citizens will also be able to contact Parking Services for help if a vehicle is blocking a dropped crossing prevent them getting on / or off their own property.

 

If a vehicle is blocking my drive what do I do?

1) If your driveway or home is blocked by a vehicle parked over a dropped crossing, please call Parking Services hotline on: (0115) 915 6655 to complain.

2) Parking Services will need to see if a Civil Enforcement Officer is available to attend.

3) A Civil Enforcement Officer will need to see a vehicle parked over a dropped crossings for 20 minutes, checking that the property has the correct dropped kerb and recording details of the vehicle parked and those of the person who is complaining.

4) A Penalty Charge Notice (fine) will be issued and the vehicle could be towed away.

 

I wonder if this is a 24/7 service....., personally I doubt it.

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HI,

 

Apologies, v busy weekend.

 

Kerb dropped outside my house for my own access only onto driveway.

 

There is a single yellow line on the road where my kerb is dropped to restrict parking between certain hours.

 

Was just wondering that, outside the restricted times, if someone were to be arsey (like I know them to be) and they were to phone up and complain someone was blocking their driveway (when in fact it is my car outside my own dropped kerb) - could I be ticketed for parking over my own drive?

 

You may be wondering why the hell am I parking on the roadside instead of on the drive now the kerb has been lowered? Simples... the council c0cked up bad and haven't been back to fix the mess they have made of the dropped kerb/tarmacing and so for the mean time I am stuck to parking on the roadside still.

 

Thanks for your responces. Very helpful.

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HI,

 

Apologies, v busy weekend.

 

Kerb dropped outside my house for my own access only onto driveway.

 

There is a single yellow line on the road where my kerb is dropped to restrict parking between certain hours.

 

Was just wondering that, outside the restricted times, if someone were to be arsey (like I know them to be) and they were to phone up and complain someone was blocking their driveway (when in fact it is my car outside my own dropped kerb) - could I be ticketed for parking over my own drive?

 

You may be wondering why the hell am I parking on the roadside instead of on the drive now the kerb has been lowered? Simples... the council c0cked up bad and haven't been back to fix the mess they have made of the dropped kerb/tarmacing and so for the mean time I am stuck to parking on the roadside still.

 

Thanks for your responces. Very helpful.

 

Technically you can get a PCN which you would then have to appeal and would as the householder get cancelled but most Councils check the complaint against the electoral role to cut down the chances of someone trying it on, obviously if they pretended to be you that would not work. At the end of the day if its outside hours of the SYL you can park there if its a residential address and you live there if you do get a PCN for some unlikely reason it would ultimately get cancelled.

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Cheers G&M.

The garage over the road scares me, had plenty run ins with them already for parking their cars in front of house etc and with this dropped kerb I have taken 2 spaces away from them - hence the hypothetical scenario - thanks for clearing up.

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Technically you can get a PCN which you would then have to appeal and would as the householder get cancelled but most Councils check the complaint against the electoral role to cut down the chances of someone trying it on, obviously if they pretended to be you that would not work. At the end of the day if its outside hours of the SYL you can park there if its a residential address and you live there if you do get a PCN for some unlikely reason it would ultimately get cancelled.

 

.....not forgetting an appeal for the refund of the paid PCN AND the towing charge in the event that the vehicle is towed away.

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Talking rubbish again are we?? If there is a yellow line none of your wonderful exemptioms apply so how does that balance anything out? If you insist on having a childish dig at me at least try reading the thread properly first before posting garbage. We have already established the OP can park on his own drop kerb I was just being helpful and warning him it did not apply if there was a yellow line but of course that is in some way not helping anyone in your strange warpred mind!

 

Just balancing your imagined yellow line (turns out there was one ! but that was unknown at the time)

but the yellow line issue IF it existed had at had been agreed earlier in the thread.

 

(you failed to mention if it was red route :) or a DYL :) :) )

 

what wasn't in the thread was the full information for the exemptions.

Links to the complete legislation are now 'rubbish' are they

 

and you accuse me of having a 'strange warped mind'.

 

too touchy by far G&M. Just try to balance things out a tad. This is a help forum.

 

and stay cool.

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