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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 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? 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    Have you had a response?  n/a 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'  
    • 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.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
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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.
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      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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Can someone please help me

I am going round in circles and can not navigate this forum at all

I am disabled and my head is so foggy and I need help Please

 

So sorry new here and finding this all a bit confusing and not sure where to post.

 

I am in an argument with Jackpot.com who say I clicked a subscription box when I did not.

I popped on there occasionally to bet on the EuroMillions or so I thought. Turns out I wasn't actually buying tickets for the draw but that is another issue entirely.

 

So today I see £16 has gone out of my bank account so I ask them to cancel the subscription and to refund my money.

They are refusing point blank to give me my money and gave me the run around all morning.

Have I got any rights?

Thanks in advance for any help at all

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Contact your bank immediately on the telephone and then confirm in writing. Tell them that money has been taken from your account and it has been authorised and also there is a risk that further money will be taken from your bank account by the same people.

 

Tell them that you are reporting it as a fraud. That you want all payments stopped and that you want the money taken by the company reimbursed.

 

The bank will try to persuade you that in fact you authorised the payment because you visited the website. Standby your guns. Don't say things like "I'm sure I didn't…" "I can't remember that I did…". These things open the door to the bank to dominate you and to give themselves the benefit of the doubt. Tell the bank that you absolutely did not authorise and that you thoroughly understand what you are doing and there is no way you would have authorised that payment.

 

If the bank because even the slightest difficulty then tell them immediately that you want to make a complaint and you will be taking it to the FOS. Insist that you speak to their complaints department and insist that you get a reference number for the complaint so that you begin the process. The bank is required to repay you immediately and then investigate afterwards. The banks don't like this and they routinely ignore the rules.

 

Which bank are we talking about anyway?

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Thank you so much

I am with the HSBC

I am disabled housebound and do not use the phone can this be done by email?

You would think in this day and age we could sort things out quickly by email.

I am so angry about this because I know I am right and Jackpot.com are being so awkward.

Is there not a distance selling rule applicable to this?

 

Went onto the bank site and got a really nice chap in live chat

 

He has reported it as fraud and cancelled my card and issued a new one

 

HUGE relief.

Thanks so much I don't know why I didn't think of looking on the online banking for an email or live chat :0)

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Hopelessly Stupid Bunch of – I can't remember what the C stands for.

 

It seems that you have met the decent person within the bank – either that or you are an extremely charming person.

 

I do suggest that you follow it up with a letter to them confirming what has happened and confirming that no more payments are to be made to this company. Keep a copy of the letter you sent. In fact you can normally download the chat– I would do this as well if it's not too late but send the letter too

 

Incidentally, be ready for calls and threats from the Jackpot company

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LOL Cats??

He was very helpful

Fogot to copy the chat

I did however take lots of screen shots of my chat with Jackpot

They can shout all they like I will do to them what they did to me.

The thing is they are not losing anything the next draw isn't till Friday so they could have very easily refunded me they just chose not to.

Thanks for helping me I was very frazzled when I posted on here

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Thread moved to the appropriate forum.

 

Regards

 

Andy

We could do with some help from you.

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