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    • I can only speak from personal experience. But a similar thing happened to me. Seriously dented door.  I made the other insurance pay. They regarded it as a write off. Took the money, replaced the door. Never heard anything more about it.    Except clearly someone sold my details to claims company, because I got loads of calls in bad English for a few month's 
    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
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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.
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Sale of Goods Act 1979 for business


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Hi All

 

Can you use the sales of goods act or consumer rights for business issues???

 

ie) What are my business rights to obtaining a refund for a faulty machine that is less than 2 months old (I've already had a replacement machine). I think the fault is a manufacturing problem.. Shop has told me that head office have to issue refunds ( they took 3 weeks to cash a chq, I'd hate to see how long it would take them to issue one)

 

or .. Can I ask for a replacement machine - same spec??

 

If anyone can help me I'll post the full details of the problem I have (but it's quite long)

 

Also if any mods read this could we please have a seperate section for small business issues (pretty pretty please, kiss, kiss, kiss)

 

Thanks

Danler

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The SoGA still applies but businesses can exclude some of your rights under the Act in their terms and conditions, provided it is reasonable to do so. This is quite wide though, and it is likely that even the "satisfactory quality" term can be excluded in a business to business contract (see case law L'Estrange v Graucob).

 

If you have a query, the first thing to do is check your terms and conditions for any exclusion clauses. If there are none, then the full SoGA rights apply. If there are, they will have to be reasonable but are likely to restrict your rights accordingly.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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The problem is that within the space of not even 2 months I've already had 1 replacement machine, and a engineer come out once. On thursday the machine packed in with the same fault as the first machine. The shop has said that they will send it back to the manufactures to fix. They have told me I will be without the machine for approx 2 weeks. My guy can't be without the machine for 2 weeks, they wont give me another replacement machine because they havnt got one, so I'll have to buy a second machine. The shop said that refunds can only be done by head office (they took 3 weeks to cash a chq so I'd hate to see how long it would take them issue one). The machine cost nealry £1000 pounds and because of being a small business I havnt got £1000 to spend on another machine tomorrow. I need a replacement machine asap as I wont be able to get my orders out for the end of the week, thus not recieving monies to pay the lads wages.

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I'm sure this will be an insurable loss - if it affects your business profitability, there may well be a claim they (or even you) can pursue to cover your losses. Why not speak with the manufacturers directly to explain the problem, they may be able to assist, even if they're dealer cannot?

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The terms and conditions of the contract (just got it off their web site)

 

a) The conditions and warranties set out in Sections 13,14 and 15 Sale of Goods Act 1979 and Sections 12,13,14,15 and 16 Supply of Goods and Services Act 1982 are hereby expressly excluded from contracts made under these terms and conditions.

 

b) In the event of any defect in or failure of any product supplied under these terms and conditions the maximum liability of the Company will be the initial purchase price of the product

 

---- Quite annoying on part (b) as I had to make a 4 hour round trip to pick up a replacement machine.

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Hi Buzby

 

Problem is the the shop selling these machines, it's their own brand... The shop recommended this perticular model after asking what we was using the machine for.

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Ouch, that weakens things considerably. They have basically excluded their liability for the quality and fitness for purpose of the goods. Although it may seem draconic, this can be possible in trade contracts and - as said before - many such clauses have passed the "test of reasonableness" in court (see previous quoted case law).

 

I don't know much about insurance, may be worth you checking out this possibility - as otherwise you are pretty much at the company's mercy regarding what they are prepared to do. Consequential losses (losses suffered as a result of the goods being faulty/unavailable for use) will certainly be out.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Thanks Rosiecotton, It looks like I'll have to use the wages for this week to buy a new machine (not the same brand) and hopefully get my customer to pay COD on Friday.

Once again thank you, the SOGA is jargon to me..

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