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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • 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!  
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DVLA scrapped my car,pity they didn't tell me, I am still driving it 19 months later.


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Hi

 

My poor little car had a poorly radiator so I bought another car, transferred my insurance in Nov 2016 and set about repairing the first one.

The first clue I had that something was a bit amiss came late November when i tried to buy some temporary cover for that car was rejection as they declined insurance saying the car was Cat A/B. I have had this car 5 years.It has never been dented let alone had a serious crash so I thought they just did not fancy insuring a 2.5 L car on a temporary basis.

The second was a keen buyer who wanted to check a few things out and never got back to me.

I had no problem getting monthly cover from my main insurer who have covered it since Mar 2013 but it was pricey at £60 odd a 28 day period.

So, i tried to advertise the car on Gumtree and they rejected it on the basis of HPI saying the car had been scrapped. A quick call (O.K. no call to Swansea is quick,35 menu options later) to DVLA got me a man who said that there was a problem with my car and I needed to fill in a form to find out what was on the record for my vehicle,no. He could not tell me on the phone, yes he could see the car had a valid MOT but I had to fill in the form to find out what the problem was (reply to my submission could take 6 weeks )

Then I could present my side of the story. So I returned in frustration to HPI to try and speed up the process.

HPI told me my car had had a Certificate of Destruction issued against it May 2015.

 

Bit of a shock, so I phoned DVLA who could see this car that had,according to them been crushed in May 2015 had been MOTd Oct 2015 and Oct 2016 and been insured continuously.

I eventually got an email from DVLA ordering my car off the road and basically asking me to prove I still had the car and that it was the genuine article. So I had to provide photos of the Car with its registration plate, Photos of the VIN number and a pencil rubbing of the VIN number.I had previously sent in my intact V5c form stating they had scrapped the wrong car off.

2 loads of insurance later I have a letter from DVLA without the slightest hint of an apology admitting that my car is not the one turned into a steel door stop and demanding that I pay an enormous sum of money for back road fund license.

Car is now taxed from the beginning of this year.

 

Back in March 2015 I set up a Direct Debit scheme for the Road Fund License, they stopped taking it when they decided my car was scrap (usual practice so they say),I did not notice,you tend to look for things you do not remember buying on a bank statement not payments you expect. Equally they did not send out a "Oy, your road tax is due,pay up you bug**R" note March 2016, No Tax Disc to remind you these days,I always bought a new disc when they sent the letter out.

 

O.K. So I should pay up,money is due,despite the fact none of the above was caused by me. Road fund must be paid but what about my costs and effort, I am looking at another 28 days insurance. I should have have been able to declare this car sold late November so no liability for road tax from then but I have had to pay for January despite being ordered off the road for half that. 3 and a half months Road Tax is about £90, phone calls ,letters and time.They want the full amount.I have listed the car on ebay to just get rid but do not expect it to achieve the price I had negotiated before the sale fell through.

 

Is there any scheme that compensates me for the considerable losses on my part,for my expenses keeping the car legal and making it sale-able.

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was it sorned when you were driving the other one about? If so i think you have them

Hi ericsbrother,thank you for your reply.

No,the Car was not SORN for any of this period,first of all there was nothing wrong with the car from the date they decided it was a square block of crushed metal (May 2015) I had no knowledge of them doing that,no notification from them,car insured, 2 MOT tests with no problem. After buying the new car (Nov 2016) the car was drive-able and I wanted it on the road ready to sell. I had no idea it was not taxed,as I have said they sent no reminder because as far as they were concerned the car did not exist.

 

I always have purchased Road Tax with a letter from DVLA either in a Post Office or online.

But then we used to have a reminder on the windscreen, we aint got that anymore.

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