Jump to content


  • Tweets

  • Posts

    • 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?
    • I was so annoyed and frustrated about the fact this case was lost it's been floating around my head all night. Dave962, are you sure that's what the Judge said? .... It doesn't make sense. Did the judge in fact dismiss the case on the grounds that the defendant did not make an appeal within 28 days? Effectively telling the PPC about the error entering the registration number and providing proof of payment at that time? To me, that's an important point.  
    • The United Autoworkers Union took a risk in a Republican - and often anti-union - part of the US.View the full article
    • good spot...though i'm unsure, but it does seem like it can't be related to this latest issue as the OP mentions she knew nothing about the  order. dx  
    • wasn't that for the CCJ for the mental capacity with the leaseholder?   SO would be different to this.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Surgeon warning on child obesity


NewsBot
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4296 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Perhaps it would help if we didn't build the world's biggest fast food restaurant directly outside our flagship sports stadium?

 

http://www.dailymail.co.uk/news/article-2164517/Worlds-biggest-McDonalds-First-pictures-inside-Olympic-Stadium-fast-food-restaurant.html

 

My 15 year old daughter hasn't done one home economics or food technology class in the entire time she's been at school (I mean EVER - infant, junior or secondary). Apart from the minor point that she wants to be a chef (seriously!), what happens to kids who don't have parents who teach them to cook at home? It's no wonder that people don't eat anything that doesn't come out of the microwave or a take-away container!

 

I can't even completely criticise parents of my age (mid thirties) who don't teach their kids to cook, because one of my major memories of university was being shocked at how many of my housemates only ate sandwiches or packets of noodles or boxed cereals because they didn't know how to cook food from scratch. The other shocking thing to me was how many of them couldn't use their judgement to tell if food was "off" or not, or safe to reheat. Whole plates of food would be thrown away because using up leftovers was seen as dirty or unhygienic. I can remember one of them gagging when I cling-filmed a bowl of mashed potatoes and told her that I'd use them to make potato scones for breakfast. She said and I quote "That's so trampy!".

 

We've lost a generation somewhere, in terms of being able to cope sensibly as adults. I think Home Economics (to include budgeting, finance, cookery, health and hygiene) should be compulsory until kids take their options. It would only need to be one hour a week - surely that's more beneficial than the SEAL (Social Environmental Awareness Lessons) that my daughter is currently burning up an hour a week in?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...