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

      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.

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      Many thanks 
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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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    • 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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Npower Bill 2 years later


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My son moved into a rented property with his girlfriend in April 2014,

she moved out in August 2014 & he moved out in April 2015

 

the house stood empty for May 2015 although he was still the tenant.

At the time he was in full time employment with one company during the week & worked every other weekend for another company.

 

In February 2017 they sent him a letter saying that in 20th January 2017 the meter had been examined & it had been bypassed prior to my sons occupation & included was a bill for a further £546 which they estimate is the electricity he used in that period on top of the £450 he'd already put on the prepayment card, they had in May 2014 refused to change the meter to a post payment one.

 

We have reached deadlock with them, it has gone to the Ombudsman who are siding with Npower in that they can claim 10 units a day usage as that is the national average.

 

Our argument is that they have not provided any proof that the meter was tampered with prior to my son & his girlfriend moving into the property, that there is no evidence to say it was not done after he left,

no account of his single full time working status has been taken into account.

Are there grounds to fight this or do we just have to roll over & take it no matter how unfair it is.

 

I do not object to paying an amount to make this go away, it has been very stressful 9 months dealing with them, but the amount they are claiming is greater than my own bill in a house which is 50% bigger, with my wife at home all day.

 

Not sure it makes any difference but my son now currently lives in New Zealand but will probably be returning next year.

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how do they know it was tampered with prior to his tenancy?

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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how do they know it was tampered with prior to his tenancy?

 

I don't know they won't tell me, my suspicion & it is totally supposition is that the meter has been examined for some reason, the 'bypass' as they are calling it has been exposed, they have then gone back through the years to see what they usage has been, they have found my son's 13 months usage to be very low, put 2 & 2 together & believe he benefitted from the bypass

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well it must have been done before

as afterwards whats the point no-one was living there I suppose...

so previous tenant did it and he benefitted from it?

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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well it must have been done before

as afterwards whats the point no-one was living there I suppose...

so previous tenant did it and he benefitted from it?

 

Sorry why must it have been?

 

We presume that somebody moved in after he left but we have no idea, or maybe it was empty until January this year, but that seems a long time to have a rented house empty.

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sorry I was going by...

 

the house stood empty for May 2015 although he was still the tenant.

 

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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ok so sounds about right

squatters or someone else moved in and did the dirty work.

 

what does the landlord say about all this

not really your sons problem if he were not the tenent

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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If your Son is now a resident of New Zealand, they can't issue a UK court claim in his absence, but he must tell them he is not in the UK.

 

Suggest he writes to them from New Zealand with a copy of anything official that confirms he is resident there. He tells them that he is now a resident of New Zealand with no current intention of returning to the UK. He disputes that there was any issue with the meter without an independent engineers report from someone not employed by NPower being provided and that there is no basis to any backdated bill. He advises them of the residency information when he was at the UK address and that even if there is a proven issue with the meter it is nothing to do with him. Any usage of energy through the meter was done in a knowledge of the cost being correct for the amount of usage.

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