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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • little old lady
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By little old lady · Posted

      Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • BankFodder
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By BankFodder · Posted

      I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Nicky Boy
      Shock !!EVRI has lost my parcel PS5 - court claim issued

      By Nicky Boy · Posted

      Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Nicky Boy
      GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

      By Nicky Boy · Posted

      Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • FTMDave
      Horizon ANPR PCN - overstay - Iceland Chester

      By FTMDave · Posted

      The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.

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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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      BankFodder

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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      BankFodder

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cash Genie automatic rollovers

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fletch70

fletch70

Posted
Posted

The way i won, in the end was by making a formal complaint and having it all ready to send to their trade association.

I would suggest. prior to a LBA that you do that and follow it up with a complaint to the fos.

In your complaint make it very clear what you expect them to do and the consequences if they do not.

For example

You are in breach of contract as on x y z dates you rolled over without my permission and did not attempt to take the contractual amount. If you do not refund x by xxxxxx i will have no option but to escalate this to your trade association and the fos.

Any opinion I give is from personal experience .

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lee79

lee79

Posted
Posted
The way i won, in the end was by making a formal complaint and having it all ready to send to their trade association.

I would suggest. prior to a LBA that you do that and follow it up with a complaint to the fos.

In your complaint make it very clear what you expect them to do and the consequences if they do not.

For example

You are in breach of contract as on x y z dates you rolled over without my permission and did not attempt to take the contractual amount. If you do not refund x by xxxxxx i will have no option but to escalate this to your trade association and the fos.

 

Thank you very much Fletch.

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  • 2 weeks later...
mike00

mike00

Posted
  • Author
Posted

Victory!

 

I sent a formal complaint, and pointed out that they were in breach of contract; breach of their customer charter and therefore in breach of CPUTR 2008 (supplying misleading information). I asked for £120 back, and reminded them they would be charged more than that if I opened a complaint with the FOS, and that my other rights extend to filing a complaint with the OFT, the CCTA, and the possibility of legal action.

 

They've agreed to refund the £120 :D

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mike00

mike00

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Have you sent a formal complaint by recorded post? They have 8 weeks to resolve it from the date of receipt. Only after that point can you get the FOS involved. Their customer charter gives them five days to acknowledge receipt.

 

Address your complaint to:

 

Ariste Holding Limited

2 Reavell Place

Ipswich

IP2 0ET

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Victory!

 

I sent a formal complaint, and pointed out that they were in breach of contract; breach of their customer charter and therefore in breach of CPUTR 2008 (supplying misleading information). I asked for £120 back, and reminded them they would be charged more than that if I opened a complaint with the FOS, and that my other rights extend to filing a complaint with the OFT, the CCTA, and the possibility of legal action.

 

They've agreed to refund the £120 :D

Excellent well done:whoo:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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  • 2 months later...
renegadeimp

renegadeimp

Posted
Posted

Its ok. Prob an attack of the forum gremlins

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

Prob a PDL tout, or someone whose post violated forum guidelines.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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dx100uk

dx100uk

Posted
Posted

click cash genie in blue up the top

it has its own thread d now

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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