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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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Parking code 27 (dropped kerb)


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I've been given a ticket for parking in a place I've used off and on for years. It's next to a drop kerb, but one that isn't used as a way in to a garage or driveway. There is a garage door but it is NEVER used to gain access to the road. There is no white line or "NO PARKING' sign anywhere near it.

 

In my street which only has 14 houses, there are 4 dropped kerbs, two of which have white lines.

 

I will challenge the fine.

 

Does anyone have any helpful advice?

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Welcome to CAG jrm. :)

 

There are plenty of parking and traffic experts in this forum and someone will be only too glad to help you and offer some useful advice. They are a friendly bunch with plenty of expertise in these areas.

 

Good luck and enjoy CAG. Feel free to have a look throughout the site!!:)

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Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

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Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

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I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

 

One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

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One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

I cant see the attendant banging on the owners door before issuing.:eek:

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Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

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ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

 

Surely that is a bit obvious? If it was the OPs house or a friends with permission he does not need to know if a complaint has been made since he is exempt so the complaint is irrelevant.

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Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

Not a complaint - a request to enforce. Big difference.

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It makes no odds he either was entitled to park there or not regardless of any complaint or 'request to enforce'.

so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

Edited by nero12
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so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

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so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

 

Yes a PCN can be issued just as a PCN can be issued to any vehicle on a yellow line. Obviously to save dealing with thousands of appeals Councils try to avoid issuing to vehicles that are exempt from the restriction.

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then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

 

It is not a rogue PCN, it is a contravention to park adjacent to a drop kerb so the PCN is issued correctly. If the driver feels he is exempt due to having been granted prior permission to park (or owns the house) then he can appeal.

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I already stated Council policy was usually to only issue on receipt of a complaint (or 'request to enforce' for the pedantics out there). If a PCN was issued the only defence would be the contravention did not take place ie you had permission, there are no grounds in that the Council was not asked to enforce. The law does not differentiate between different types of drop kerb so for a request to be a requirement of the contravention would not be possible for many types of drop kerb.

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Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

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Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to do this ....

 

Maybe they don't have to be able to tell the time for this one, but they do have to be able to count to at least 2, which for some CEOs may still be a challenge too far. :D

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Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

 

Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

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Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

where is the rule that requires an attendant to enforce a dropped kerb serving my own driveway?

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