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    • I hope Lord Frost is OK. Islamists and the woke Left are uniting to topple the West ARCHIVE.PH archived 18 Apr 2024 19:12:37 UTC  
    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 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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Marlin/Phoenix CCJ on HSBC OD debt now want SD - Charging Order objection - ***WON***


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jsa I did send my letter to that PO box in Coventry, recorded delivery, but surprise, surprise it has not been signed for...

 

 

they can take a while to appear on the post office website so check back even after a few weeks.

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  • 3 weeks later...

Hi,

 

Well, should I be honoured or what??

 

Who said DCA's don't care?:razz:

 

Received a letter today from Mortimer Clarke Solicitors offering me a fantstic offer of 20 % off outstanding debt, as I'm such a good payer and derserve a reward:lol:

 

 

Oh what to do...:roll:

 

Do I accept their 'generous' offer or do I stick with my £1 pm CCJ? :razz: (Apart from the fact that I haven't got any extra money lying around.)

 

I read somewhere that Phoenix was now dissolved, so maybe it is something to do with that?

 

 

j8339d.jpgRegards

Molly:-)

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OOH LOOK-Free toilet paper :lol:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi there

PLEASE NOTE that any company with SARL in its setup is NOT A UK COMPANY so in any case why should struggling taxpayers pay ANYTHING to these utter leeches who contribute ABSOLUTELY NOTHING to the UK economy except just MORE misery for individuals.

 

A Société à responsabilité limitée, also known by the

acronym SARL (sometimes SÀRL or Sàrl), is a private limited liability corporate entity that exists in France, Switzerland, Luxembourg, Macau, Algeria, Morocco, Tunisia, and Lebanon and has commerce as its purpose.

 

 

These wretched businesses buy debts for PENNIES in the pound and then send the money overseas / off shore without paying any (or very little) UK tax.

 

At least if debts are sold -- still a DISGUSTING PRACTICE - lets ensure that the companies buying them are 100% based in the UK paying UK tax.

 

Cheers

jimbo

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Hi,

 

Thank you all for the comments.

 

Silver Fox - Unfortunately their paper is not luxurious enough and far too hard for my delicate bottom:oops::razz:

 

 

t_ony - Good idea, but I bet they are like DFS and will be extending their faboulous offer.

 

 

PGH - Like it :lol:

 

jimbo - totally agree with you. In fact at the re-determination hearing the DJ seemed to have some time on his hands and actually checked Companies House on his PC and because Phoenix Recoveries was stated without the (UK) bit or stated with the sarl bit, can't remermber which way round it was, but he did say that 'here we have a company that is NOT registered'. So he did not actually accept that Phoenix (UK) Ltd Sarl was a company registered in the UK. He only awarded the £1 pm due to the fact that Marlin was stated on the claim.

But I agree, this disgusting practice should be banned.

 

 

In the meantime I am awaiting my loyalty card from Marlin.:lol:

 

Regards

Molly:-)

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Did they indeed! Well once they have unlawfully repudiated the agreement, they cannot simply issue you with a valid DN, as there is no contract??/

 

I just wish to rectify this bad debt advice I gave, it now transpires that if you are issued with a defective DN, and you make them aware of this, they CAN issue you with a correct valid DN, sorry folks...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BB,

 

In this case they terminated the agreement on the back of an invalid DN, and I accepted unlawful repudiation.

 

As 42 man says in #6, if they have terminated the agreement, how can they then issue a new DN, when there no longer is an agreement?

 

Regards

Molly:???:

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In this case they terminated the agreement on the back of an invalid DN, and I accepted unlawful repudiation.

As 42 man says in #6, if they have terminated the agreement, how can they then issue a new DN, when there no longer is an agreement?

 

Yes I agree, but it somehow now appears that they can re-issue an effective DN if the first one is defective, there are a couple of threads on here about it, if I could just remember where! :frusty:

 

Or I could be thinking of something completely different? Oh god, I'm not even old and already I'm as forgetful as my mother!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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