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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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    • 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.  

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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sandy Balls unfair cancellation terms..?


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Booked a 'camping' break for two nights 13th to 15th Feb, this was booked on the 16th Jan.

 

However, the better half no longer wishes to go, mainly due to the weather/temperature, but primarily because she isn't feeling great, and would prefer to simply go out for the day on Valentines day.

 

I rang Away Resorts who deal with the bookings, and was told that if I cancelled then they don't have to refund the cost (£70) because their T&C's say so.....

 

14. YOUR RIGHTS TO CANCEL OR CHANGE YOUR BOOKING & RECEIVE A REFUND

 

14.1 If you need to cancel your booking, please contact us as soon as possible by calling the Guest Services Team at your chosen Park and then confirming the cancellation in writing, ensuring it is signed by the person who made the booking.

14.2 If your stay has already commenced you may cancel your Booking but we will not provide any refund.

14.3 You have the following rights to cancel a Booking for Accommodation (if booked directly with Away Resorts, either via Guest Services, by phone or via our website awayresorts.co.uk):

(a) You may cancel any Booking by contacting us in writing prior to the start of your stay and within 14 days of receipt of your Booking Confirmation. We will then confirm your cancellation to you and refund payments you have made to us less your deposit;

(b) You may cancel any Booking after 14 days of receipt of your Booking Confirmation. Subsequent cancellations charges are calculated based on the number of days prior to your arrival and upon receipt of your written confirmation.

(i) 7 days or less, 100% of holiday cost;

(ii) 8-28 days, 90% of holiday cost;

(iii) 29-41 days, 50% of holiday cost;

(iv) 42-55 days, 30% of holiday cost;

(v) 56 days or more, no refund of deposit;

14.4 You have the following rights to change your Booking for Accommodation (subject to a £10 admin fee):

(a) You may ask us to change the start date of any Booking by contacting us in writing prior to the start of your stay, provided you tell us within 14 days of receiving your Booking Confirmation and subject to availability. We will then transfer your Booking to another date within 6 months of the original Booking date;

(b) If you wish to shorten your Booking we will refund you the difference between your original booking and the new booking. This refund will not include the deposit you have already paid.

14.5 Once we have confirmed your Booking, you may cancel the contract for Accommodation and receive a full refund at any time by giving us written notice if:

(a) We break this contract in any material way and we do not correct or fix the situation;

(b) We change these Terms & Conditions to your material disadvantage

 

https://www.awayresorts.co.uk/terms-and-conditions/

 

Seventy quid is a lot of money for us, just to simply throw away into someone elses profit pocket...... I am aware of potentially having to go the visa debit chargeback route, but I'm also aware they will more than likely claw it back, just out of spite?

 

I'll be writing to them to air my disgust and disappointment with them, but can anyone think of a better angle of attack here??

 

TIA..Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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its not accommodation...its a poxy bit of grass!

 

those t&c's I believe are totally unenforceable

I don't think they can do that.

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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those t&c's I believe are totally unenforceable

I don't think they can do that.

 

I ruddy well hope so, I'm all over them on social media at the minute, the missus will go spare when she gets home!

 

I just cannot see how 'THEY' decide what 'percentage' to refund you? Who's made that up??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well, rang them back yesterday to attempt to sort something more favourable.

 

Managed to get a new date booked for March so was pretty chuffed.....until...

 

Just taken another phonecall from Sandy Balls, who have stated that the first booking was cancelled, and because of this the new booking shouldn't have gone ahead??

 

She's going to speak to her ''manager''.

 

I'm guessing that they'll attempt to get another payment from me, not only that, but they seem to believe that should I indeed wish to cancel, they can only accept this with a note from the doctor?

 

Above their station methinks!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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