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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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    • 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.

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      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.

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      • 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
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flat upstairs has flooded me they have just had a new gas central heating installed and the guy who fitted it says it was my pipe although its in a cupboard in their living room. ihavnt got insurance the kitchen ceiling has fallen down units destroyed etc when i confronted the gas fitter he couldnt get away quick enough and turned his mobile off. i offered to get a specialist in but owners declined and admitted liability the flat is being renovated to sell on and is empty.

 

i take care of my 9 year old grandson who is severely disabled and fed through the stomache so the kitchen has to be hygienically clezn to prepare his feeds. its like a bomb site living room is also damaged, where do i stand legally.

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I'm sure one of our claims gurus will come along and offer more accurate advice but for now.....

Presumably there will be a tennament policy in force that will cover the whole block of flats as a whole (you'll probably be paying some form of maintainence each month for it). I'd first of all contact the owners of the block and report the situation, their insures should sort it all out.

Failing that, if the flat upstairs has contents cover, then this MAY cover flood damage caused to adjacent properties (this is where i'm a little iffy on details as it not something i usually deal with) so if all else fails, ask upstairs to contact their insurers and see what they say.

 

DA

If you find the advice I give is useful, then please feel free to click the scales :)

 

"It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt" :)

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Hi Liz -have you spoken to the occupiers/owners of the flat above where the leak come from? You do have a claim if the occupier/owner has been negligent and in breach of the Occupiers Liability Act 1957. You need to establish from the occupier/tenant of the flat above how the leak has occurred and ask for the details of their Contents Insurance Company and Policy Number. When you have this information you need to contact the Insurer and make a third party claim.

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Hi Liz -have you spoken to the occupiers/owners of the flat above where the leak come from? You do have a claim if the occupier/owner has been negligent and in breach of the Occupiers Liability Act 1957. You need to establish from the occupier/tenant of the flat above how the leak has occurred and ask for the details of their Contents Insurance Company and Policy Number. When you have this information you need to contact the Insurer and make a third party claim.

 

Surely, since you have no contract with the insurer's of the flat above, you will have to claim on the owner/occupier and let them pass it to thier insurers - if they exist - there is no legal obligation to have insurance

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Thanks For All Your Replies, So Far Neighbour Has Told Me Her Insurance Company Have Asked Me To Get Two Estimates For The Damage To The House And She Had To Fill In A Claim Form With A List From Me For Damaged Items, She Said No Loss Adjuster Was Coming Out And That They Wouldnt Replace My Carpet Only Wash It .i Have Had No Offers Of Dehumidifiers And Still No Electricity Had To Put My Grandson Into Emergency Respite,still Waiting On Builders Estimates.

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hI mooreda,Iwas just about to look at my mail when my son said to me, mum you dont have to keep your finger on the capitals,then igot your message and we both burst out laughing.I am new to this type of thing and not fully computerised yet as you have problably guessed by now.Anyway thanks for cheering me up, I dont know what happened because originally it was ALL IN CAPITALS.

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Yikes - all in capitals/uppercase is SHOUTING online - it hurts to read and many people find it v. rude - just to let ya know, Liz, so you don't accidentally annoy anyone :)

Thankyou demon_x_slash ,How to use your keyboard lesson one, taken on board,i really didnt mean to shout, i had tried to send the quote three times and it never worked, so you can imagine the frustration felt by me cos it takes me ages to do this one wee bit.

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