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    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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      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.

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Dishwasher installed with broken pipe


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I had a Kewood dishwasher delvered. As the men bought it in after disconnecting and removing my old one I noticed they has managed to deliver it or break on delivery the waste pipe.

 

They connected to my original pipework so that I was not without a washer but my son pointed out it would leak which it has done and it needs towels to soak up the water. He has been employed in and has experience of this trade. I paid £50 for installation and removal.

 

I signed the delivery form as being received broken. I emailed Currys about it

 

I have had to chase Curries and have had two 'no shows' trying to get this machine fixed. The first visit was marked as complete although nobody turned up.

 

Where do I go from here? Tell them to refund my money and pick up their machine or get a partial refund and compensation? What is the best route?

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The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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When you say the waste pipe, are you referring to a pipe which is part of the dishwasher or a pipe which is part of your plumbing installation?

 

Also please could you give us the dates that all of this has happened

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I ended up having to go all the way to a Court hearing before Curry's compensated me for being messed around beyond belief over delivery of a washing machine, they didn't respond to anything until I actually issued proceedings.

 

How long is it since the machine was delivered? Do you have anything from Curry's accepting that the machine was damaged prior to delivery? What solution would you prefer - repair, replacement or your money back?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The machine was bought 23.2.18 and delivered 27.2.18

The pipe is the machine waste pipe.

They were due 6th March to replace it. No show.

I phoned 7th March and arranged today 13th. No show.

I signed their delivery note as it having a broken waste pipe

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Thank you.

 

So the contract was made less than 30 days ago. Under the consumer rights act if a defect materialises within 30 days then you are entitled to invoke your short-term right to reject.

 

This means that you are entitled to a refund or repair – at your option.

 

You have to assert the right and you do that by writing to them – do it by recorded delivery letter and also by email – and tell them that the machine has a defect and it is within the 30 day period and say you are invoking your short-term right to reject under the consumer rights act.

 

Decide whether you want a refund or repair. Frankly I think you've given them enough chance and so you should insist that they take away and give you your money back. Currys have a rotten reputation for this kind of thing and their poor customer service and I should stay well away from them if I were you. We have lots of complaints about curries on this forum. We have scarcely one about John Lewis.

 

Start counting up losses in terms of the inconvenience to you and also any inconvenience suffered as a result of broken appointments.

 

Don't expect it to be easy. The only thing that Currys are good at is about fighting you when you are trying to assert your consumer rights.

 

Keep us informed and we will help you all the way. Currys need a slap

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Incidentally, don't get led into protracted correspondence or starting to accept excuses or prevarication from Currys which will simply drag the whole thing out until you get fatigued. Take control and make sure that it is you who lays down the time schedules and the terms upon which Currys will remedy their breach of contract.

 

If it comes to it, are you prepared to issue a small claim in the County Court? Unfortunately all too often this is the only way with Currys but once they get the court papers then things start to happen pretty quickly. Your chances of success would be much better than 95%

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Incidentally, don't get led into protracted correspondence or starting to accept excuses or prevarication from Currys which will simply drag the whole thing out until you get fatigued. Take control and make sure that it is you who lays down the time schedules and the terms upon which Currys will remedy their breach of contract.

 

If it comes to it, are you prepared to issue a small claim in the County Court? Unfortunately all too often this is the only way with Currys but once they get the court papers then things start to happen pretty quickly. Your chances of success would be much better than 95%

Yes, I will take them to Court if I have to.

Is there an Ombudsman that you get to mediate. Just thinking in case it is a step yoh need to take.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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No. There is no mediator.

Have you sent off your letter yet?

 

Have you decided whether you want a replacement, or refund, or you are prepared to accept it being repaired? These are decisions you need to make now – but of course as I have explained earlier it is a matter of your choice.

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I have tried to effect a better repair than the fix they put in. Something that should be easy with the right equipment. However the pipe is plastic and not rubber and will not seal properly. If it had I would have gone for compensation for the mess. Having to remove this machine is ripping our flooring. So the only option is removal and get our money back.

I am in the process of writing now.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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If you have tried your own repair, then I hope there is no evidence of it. Also, do not mention at all that you have tried your own repair. You may feel that you need to do this in an attempt to show goodwill or that you are cooperative. Believe me if you do this, they will abuse your trust and they will use it as a basis for saying that it has nothing to do with them.

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I tend to agree that this might have been a better approach. It would have made things easier – although it doesn't affect the rights of the matter.

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They had removed my dishwasher to install the new one.

They installed the pipe fix. I have only tried to stop the leak. Remember I have had 2 no shows from engineers who were upposed to be here.

Anyway I emailed them a short term rejection letter. They sent an engineer yesterday (15th) who confirmed thatythe machine cannot be repaired as the pipe is integral with the casing. A new machine has been orderedfor delivery tomorrow. I am phoning them in a moment to confirm that the right hand knows what the left hand is doing then i will email them to keep a record of what is happening.

I will also tell them that until this is finished and compensated the 30 day still stands.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Well you are making progress so well done. This is pretty good going with curry's poor customer service.

 

I agree that you should be claiming some compensation, but what do you consider your losses are – and very importantly, what you prepared to do about getting it if they refuse – which is quite likely?

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Well, as I am disabled we paid them £50 to install this machine.

We have had 2 no shows. One of them caused by the engineer claiming he had fitted the pipe when in fact he had not come.

Having to attend to the leak has caused the flowtex carpet to rip allowing water under the carpet.

30 minute phone calls trying to sort something out.

They have ****ed me off.

A new machine is due tomorrow.

Evidently half the problem is that the machine and engineers come from Kenwood and there is lousy communication

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Okay. The £50 installation fee won't be recoverable because they will be installing the new one.

 

The two no-shows should be compensated but in order to calculate what it might be worth, you need to tell us more about it and what the inconvenience was to you.

 

I don't really understand about the carpet ripping and water going under the carpet. Have you mentioned this before? Please can you tell us all about it and the cost of the damage to the carpet.

 

30 minutes phone calls can be compensated – what do you think they cost you.

 

I can tell you now that in order to get a compensation which will satisfy you – maybe a couple of hundred quid, you will certainly have to threaten and then bring a legal action. I might already have said it – but here it is again. Currys are hopeless but they really get going when it comes to resisting honouring their responsibilities.

 

However, if you wanted to start small claim on this I can almost guarantee you that if you claim for a reasonable amount then they will put their hands up and pay you out plus costs rather than go to court.

 

I'm guessing at the couple of hundred quid. I would have thought that would be the very top once I hear from you in response to my questions then I can give you a better idea what might be a manageable claim which will be big enough to satisfy you and small enough that they would rather put their hands up

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Ok. New dishwasher installed. I must point out that my wife paid £50 out of consideration of myself. I am disabled, I and on sticks, I cannot kneel but being an ex-engineer she knows I would have tried to fit it. As it turned out I spent more time scrabbling around trying to fix the leak than if I had fitted it myself.

We spent two days waiting for these engineers. Also one day was ticked of as a visit and job completed so if I hadn't got on the phone I would still be waiting

The carpet was ripped because of having to move the machine and the leak let the water under the carpet.

I will ring them on Monday and let you know the outcome. It may not get anywhere but at least others will learn from this. It is a pity we cannot tell them before they go to Currys.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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I wouldn't call them until you have calculated exactly what it is you are asking for – and what you are prepared to do if you don't get it.

 

People who go off phoning companies like Currys asking for some kind of gesture for inadequate service and without having a plan, are basically placing a naïve trust that the company will want to treat their customers with respect and want to acknowledge their failings.

 

This doesn't happen. Currys is particularly bad. When there was Dixons as well – they were just as bad.

 

Are you saying that your wife paid a second £50 installation fee? Also, you would haven't told us very much about the carpet. Have you taken photographs of the rip and of the water damage? You should be doing this. Please tell us about the damage to the carpet and the cost of replacement. Also, before you start thinking of telephoning – read our customer services guide. However don't phone until you have a plan – and then probably don't phone anyway. Everything in writing.

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No. We paid one installation charge. I note however that Currys is advertising free installation and removal.

I think my phone has a recording facility.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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You will have to show that Currys were advertising the free installation at the time you ordered the machine. Strictly speaking you would have to show that you expressly accepted that – but it probably won't be necessary to go that far. Why did you pay the installation charge if it was being advertised as a free service?

 

Did you buy the machine online? Or in their shop?

 

Please will you address the question about the carpet

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Ok. The Result.

Currys have returned £82 based on 10% off the purchase price, £50 instalation fee and £20 for the 2 missed visits. We have accepted it. I could have argued more but I think we have a moral victory.

On my first phone call the bloke started to give me the runaround and when I pulled him up the line suddenly went dead. I rang back and mentioned it to a different operator but said, "It's ok as I have the call recorded.

After that there was no problem. Currys have just rung me back for bank and card details for the payment.

I have a BT4600 which has a call record facility

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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Good. Well done. That's probably not a bad settlement given that he didn't have to go to any further trouble to get it. I hope it really does cover your losses but in the meantime I think the lesson is to go to John Lewis. I think we've scarcely ever had a complaint about John Lewis in 13 years on this forum.

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Unfortunately, it was my beloved who chose them. I normally use an independent supplier near us but we happened to be in Worcester and went in to window shop really.

I would not touch Currys with a bargepole.

The Baron

 

"To sin by silence when we should protest makes cowards out of men"

~ Ella Wheeler Wilcox

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