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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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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.
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      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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What are my rights in this situation? Faulty Workmanship


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I recently had a new floor put down in my flat (May '06) and it has subsequently developed a fault, see image below. The floor has started to rise along one section stopping me from closing the door.

image042do8.jpg

 

I phoned the company that fitted the floor and have been in email contact since. The last email asked that I get a joiner round to quote for fixing the floor because "to travel up from yorkshire would be very bad commerce". I live in Glasgow so approx. a 4 hour trip for him.

 

What are my rights regarding repair etc?

 

Thanks in advance.

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You're entitled to be satisfied, so do as they suggest - a local joiner may fix this for a small amount, and if your contractor pays this, there's no problem. Try to get a joiner that comes recommended. By the way, apart from the imperfection the floor looks lovely!

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I can see from the photo that its a laminate floor and the reason its risen is because when it was laid, it was probably laid right up to the edge of the room at all sides. This type of flooring should have a gap for expansion round the edge, as it will expand and shrink depending on the temperature and weather conditions etc. Ideally it should have had a beading layed over the edge to hide the small gap around it or appropriate skirting board with edging, so I would check and explain to the fitters that, that appears to be the reason for the problem. Either way, if it can be relaid on the outer boards as its probably clipped together, board by board and the expense will be covered by the origional company, than apart from the inconvenience...the problem will be solved.

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It's an 18mm solid oak floor, not laminate. As it's real wood it can suffer expansion problems from moisture. Essentially it's the same kinda problem. Not enough space to expand. So original company will have to pay/supply the material and the cost of a joiner to fix it?

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Having a second look again at the photo, I can see that the boards have been staggered the wrong way, which wont support the individual boards properly either. You generally lay full boards, but stagger at the beginning and maybe the end of the room, if they run out, or at least the first board on a new run, so to speak. It appears theyve cut short boards in the middle of the room which doesnt help either.

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Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

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  • 4 years later...
Court action would mean raising the case in E&W and the attendant problems of cross-border litigation. Their suggestion of getting someone local to fix it DOES seem the most sensible, however, since THEY are in the business, why not get them to source a local contractor - this means there's no responsibility on the OP to pay additionally and try to get the costs repaid if they subsequently don't want to play ball.

 

------

 

It is probably a good idea to use a local contractor but the Regulation (EC) No 44/2001 does give a consumer the right to choose the jurisdiction, in case of emergency:

 

1. A consumer may bring proceedings against the other party to a contract either in the courts of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled.
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