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    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
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Maxxer if you are found to have mismatching labels once will the security go back through your previous returns? I have done it once in error and it has been picked up but could have done it before as I buy a lot, remove labels and the sometimes reattach and return. Really worried reading this there will be a knock on my door.

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doesn't work like that TW2

and no-one can 'knock on your door'!!

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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Im wondering if anyone can help me maybe Maxxer.

 

I took something back to TK Maxx a couple of weeks ago after putting labels back on it. I am a shopaholic (actually diagnosed with OCD) and constantly buy and then hide from my husband so I take the labels off and hang them up like they are not new. I then get buyers remorse and add the labels back on and return them.

 

I must have labeled something up wrong when I took it back as they challenged me on one item and wouldn't return it but did accept the other returns. I suffer from depression and my brain is constantly fuggy and ii just don't really know whats happened. Im sure it could have happened in the past as well because after an associate told me once when I said I wasn't sure if a label was correct that as long as something has roughly the right price and category ticket on it its fine, I haven't been particularly careful.

 

Overnight that night I developed paranoia that other items were labelled incorrectly so returned to the store the next morning to try and buy them back but non of the items were on the shelves. I am so scared after reading threads on here that they are being held for evidence and that they are going to come and arrest me because of something wrong and that they will be going back through all my returns checking them against CCTV and I may have made other mistakes.

 

Would the go back through all my returns? If so how long before they come and arrest me if there is an error?

 

I haven't eaten or slept in 2 weeks worrying about this.

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will they go back through all your returns? Probably not but they will be looking for a pattern from now on so get help for your addictive habits and that way you wont be needing to take stuff back.

Also, you must trust someone with your problems so ask yourself why cant you trust your husband? Depression is not causal for this behaviour so speak to your doctors about getting help for both

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Im wondering if anyone can help me maybe Maxxer.

 

I took something back to TK Maxx a couple of weeks ago after putting labels back on it. I am a shopaholic (actually diagnosed with OCD) and constantly buy and then hide from my husband so I take the labels off and hang them up like they are not new. I then get buyers remorse and add the labels back on and return them.

 

I must have labeled something up wrong when I took it back as they challenged me on one item and wouldn't return it but did accept the other returns. I suffer from depression and my brain is constantly fuggy and ii just don't really know whats happened. Im sure it could have happened in the past as well because after an associate told me once when I said I wasn't sure if a label was correct that as long as something has roughly the right price and category ticket on it its fine, I haven't been particularly careful.

 

Overnight that night I developed paranoia that other items were labelled incorrectly so returned to the store the next morning to try and buy them back but non of the items were on the shelves. I am so scared after reading threads on here that they are being held for evidence and that they are going to come and arrest me because of something wrong and that they will be going back through all my returns checking them against CCTV and I may have made other mistakes.

 

Would the go back through all my returns? If so how long before they come and arrest me if there is an error?

 

I haven't eaten or slept in 2 weeks worrying about this.

 

 

The reason you won’t of been able to find the other items I bet is because they are now neatly labelled, evidence bagged, and sat in the loss prevention evidence cabinet. Probably with a statement sat in a folder next to them.

 

Returning one item that is incorrect starts the ‘process’ of investigation.

 

As tk’s likes to say that their customers may have made an honest mistake with labels.

 

2 or more items means they will dig, and simply look at the cctv from your purchases and your refunds, and see if items match up. It’s not a difficult process, and if you paid by card, then all those purchases on that card going back months can be tracked.

 

The evidential test requires that tk’s have 2 or more physical garments or items returned and that they are both ‘wrong’ to show a pattern.

 

You only know how much you’ve returned. And how much of it is wrong.

 

We used to go into such detail as checking if the Kimble (plastic thread that attaches the ticket to the garment) was the correct one or if it was changed (showed intent - why would someone buy their own Kimble gun ...)

 

Same as refund info given during the refund - did oh always give your correct details and address / post code ?

 

If it’s more than the 2 items that have been spotted and retained, the likelihood is that the statement is written already, and they are waiting for you to go back in, where the security team will arrest you for fraud, and call in the police. It was Tk policy, and still is as far as I’m aware, to call police on every occasion of fraud.

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Thank you maxxer,

I am so worried that this has happened in error before.

 

I’m sure I will be arrested and I’m so terrified I’ll go to prison.

 

How far back will they look.

 

I hadn’t shopped in there for a while. I’m so messed up in my head and so I’ll I don’t know what I’m doing. At least I can expect to be arrested now.

 

I assume if I don’t go in they will send the police to my house?

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You wont go to prison. pretty much nobody ever does for shoplifting. Especially if theres an underlying medical issue.

 

Even prolific shoplifters get a slap on the wrist and a tiny fine.

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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Stop over thinking. Maxxer used to work there. Follow his advice and you'll be ok.

 

And stop thinking about prison. It isnt going to happen to you. Ever.

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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I have read on other threads he has posted on here that the police will come to your house.

 

It’s pretty simple. There’s only so many times you can make a ‘mistake’ refund before it looks like it’s a pattern. You haven’t said how many times you’ve returned stuff that isn’t what you purchased. If you can give us all some idea, we can make an educated guess as to what the future holds. If you were a serial returner, and everything was wrong, then yes, expect a door knock. You also didn’t answer about the using real name and address or not.

 

The more you defrauded tk’s, the more they are going to be interested in pushing this with the police. Some forces aren’t really interested, and if you never go back in a store, don’t persue it. Others are more interested and will do things like address checks and will apply to the bank for your details if you’ve used a card in store.

 

As I’ve said, only you know if you are a one time mistake maker, or if there is more to this than you are telling us.

 

You aren’t going to prison. Not on a first time offence, and unless you’ve purchased a new house off the back of any fraud, then you are safe.

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The problem I have is since the associate told me they were not bothered as long as the pricing pretty much matched up I was not hugely careful with putting the right tags back on so I have no idea how many tags are mixed up. I just tried to put tags on of the right kind of price. That’s why I’m so worried. I didn’t realise it was a big deal because a member of staff told me it wasnt!!

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Did you use your real name, address and post code details when asked for the refunds. ?

 

 

I have never, in 47 years ever given my address or postcode to a retailer to enable a refund.

They ask, I say no.

You do not require that information so please cite which law requires you to have that information.

They always back down

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I have never, in 47 years ever given my address or postcode to a retailer to enable a refund.

They ask, I say no.

You do not require that information so please cite which law requires you to have that information.

They always back down

 

Who said its law ?

 

In the context of the above case, giving a false name address etc, adds weight to the prosecutions case. Why would an honest person give false details in an honest refund. Also, in the above case, usually makes the police 'dig harder' to find out who this person is. Why would they lie, why would the give an old address, or incorrect name, if they are honest as the day was born.

 

Any more you want to hijack this thread with random questions ?

 

Yes

 

Although some may be my old name and address

 

 

And there's your problem.

 

I'm going to be honest, Unless you have recently moved, and recently got married, this simply looks bad.

 

You do know if you use a card, the printed card name now comes up on screen, don't you. Some retailers also print it on the card receipt. (a lot don't).

 

The cashier almost immediately knows you aren't giving the right name when they ask you, as its on the screen in front of them.

 

Being totally honest, If you have been giving false details for a while, I think this issue wont go away.

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I have recently moved and I still have cards in my old name.

In fact I have 3 names I use depending on if I’m in work or not

I haven’t given “dodgy” names.

 

 

Sometimes the staff don’t ask for name and address they just make it up!

I have had to offer my name and address to them but they have already put made up ones in.

 

 

If I purchase for my Mum then I use her address as o have to submit invoices for records for power of attorney.

 

If the worst comes to the worst I can evidence all of that.

I have 2 names I use at work and then the name I use outside of work.

All 3 come naturally for me to give.

I have 2 work email addresses in 2 names and also various documentation.

 

 

In terms of the depression, OCD and shopping addiction

I am having private treatment for all 3 I shall just have to see what happens now.

 

 

I am not a dishonest person and if mistakes have been made I have probably financially lost out not won on it so I have done nothing for gain.

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a huge number of stores ask for your personal details claiming it is so they can send you an email receipt for your purchase. I always refuse so if I have to take goods back I still wont give out a name and address. this gave rise to problems with B&Q once over a broken plumbing fitting that they refused to refund because I wouldnt give my name and address. I did eventually give my name and address but only on the letter before action after I ahd tried to sert the matter out including the CS people instructing the store to just obey the law and refund because it was obvious that I was going to be a pain if they didnt. I eventually got my refund from Head Office and the store manager lost his job. Now that isnt what I wanted as it would ahve been obvious that he was obeying some stupid instruction from higher up and he was more afraid of what they would say than worrying abotu whether consumer law was being obeyed.

Of course the real reason for obtaining the details is so they can tie the purchase record to an address and spam you to their hearts content and more importantly build up a massive database on customers shpooing habits, which if they were minded to can then sell on

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I do t think Maxxer was saying it was law I needed to give correct details just it added weight to allocations if the details were incorrect. Although what the purpose of deliberately giving false detailes when you are using your own card would be I don’t know. I wish TK maxx would get on with whatever they are going to do to me because this is making me more and more ill.

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I do t think Maxxer was saying it was law I needed to give correct details just it added weight to allocations if the details were incorrect. Although what the purpose of deliberately giving false detailes when you are using your own card would be I don’t know. I wish TK maxx would get on with whatever they are going to do to me because this is making me more and more ill.

 

It isn't "the law to give correct details" (well, it can be in certain situations, such as to the police where they have a statutory right to require them, but not to a shop).

 

It is the law not to make a false representation with dishonest intent to cause a loss to another.

The problem comes when false details were given, and it looks like they were given with dishonest intent, as part of a gaining a refund where one isn't due.

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