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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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      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.  

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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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I'm left major disrepair unsafe conditions as disabled complexity illness


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Hi I'm in same process I'm major disrepair, now housing company I rent from not carrying out any works claims now major disrepair unsafe conditions I'm living in

,I lot medical equipment high care support needs ,

my area it's over ,

July to date Dec 2017 left unable to shower use of it with my prvite arrangements of ferinds unpaid to help me every thing,

 

Housing employees even block all repairs I report too

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I like see what else I can do, as since I report wet room repairs, July 2017 home housing company UK,

I had 3 reports carried out last one 4.9.2017.mitie property services ltd.

Now 2.12.2017

All emailsy letters to head office companies complaint process,I used

I'm told I have to move out, I seruce tenure so I high care support needs lot large elc medical equipment use off.

No were else to move too.

 

I now block to all others repairs, IE I ended up in NHS hospital due to this , sudden heart stroke, I had police NHS staff had to break in flat to save my life,

I informed housing disrepair employees, door order, yet since 30.9.2017 still no replacement or door lock.too.

I tried lawyers no one care to help . I treat badly discrimination, I cold so unwell any advice. Plus on 28.11.2017 I called call centre to find out why still delay, he claims work on wet room book one week before Christmas IE on 18.11.2017 . Yet then he say , oh I need 0t housing assamement, this never said since July,past 5 mths,

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So you need repairs doing , major repairs and you have to move out for a while. You refuse to move out as you put it by blocking repairs and now you are complaining because repairs are not done.

 

 

Beggars belief

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Hi kaymare

 

I am afraid your post is very confusing as initially you state you reported repairs then had to complain about these next you then refused access for repairs to be carried out then complain about these repairs not being done.

 

Your post is not easy to read, now I assume you are a Housing Association Tenant and if not could you clarify?

 

What Type of Tenancy Agreement do you have?

 

When did this Tenancy Agreement start?

 

Is the property a Disabled Property or were the Adaptions added after an Occupational Therapy Assessment?

 

What was the Outcome of the Complaint you made and was it at Stage 1 or Stage 2?

 

Exactly what does the notice state saying you have to move out and by when? (minus personal identifiable details)

 

Could you give us a brief summary of events from start till now?

 

You need to be careful refusing access for repairs as the Housing Association may class this as a Breach of Tenancy so you need to be aware of this.

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