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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.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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ATOS fun and games already started


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My partner who is on lifetime DLA is being reassessed for PIP. Having had an uphill struggle to claim other benefits and his pension, we are well versed with their tricks by now.

 

This morning he a received a random phonecall from someone unwilling to identify themselves, who was asking for personal information. He refused, unless the person identified themselves and gave a return phone number (it was a 'private number on the caller ID) for him to call on. They refused point blank and said "There's no point in continuing the conversation and slammed the phone down"

 

Despite the fact my partner has had no contact from the DWP or ATOS since he filled in his form. I immediately suspected this was ATOS, fortunately I was around the corner from their assessment centre at the time and went round.

 

When I went in the person who I saw was the person who had called my partner! However they kept refusing to discuss anything with me (which is fair enough, except confirm it was them who had called my partner), but I requested a phone no so he could call up, confirm his details but much more importantly find out when his assessment is!

 

She refused point blank and said that's "his problem for refusing to hand over his details". Cut a long story short (which was mainly filled with lies from this person about the PIP procedure) I found out his appointment is this Friday from the main ATOS call centre. WTF! we have had no letters, no text's and most importantly this woman was refusing to tell us when it was was!

 

Anyway we have had the appointment shifted.

 

Some quick questions.

 

1) Is there any chance this lady I spoke to, will be the one who will be doing the assessment ? i.e. is it the assessor who makes that phonecall before the appointment

 

2) We want to record assessment, how do i get written permission ?

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Hi.

 

You would normally ask them to record it. Last time I saw anything about recording a yourself you had to jump through so many hoops it wasn't worth it.

 

Other people may be more up to date than I am though, please wait and see what they say.

 

HB

Illegitimi non carborundum

 

 

 

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Just contact the assessment centre and ask for the assessment to be voice and/or video recorded for your records.

 

The person you saw will just be doing the admin. It will be a qualified healthcare professional that does the assessment.

 

Be aware that as soon as you put one foot in the door of the assessment centre, the person having the assessment will be assessed. It does not start when they take them into the assessment room. This is why the assessor will come to the waiting room to collect the person to be assessed.

We could do with some help from you.

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If that is the case, take your own recording equipment and advise them in advance that the assessment will be recorded.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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they look out of the window an watch peopel walking up the road towards their building. Anyone being a bit nippy crossing the road to avoid becoming a statistic will get marked down. Cheekiest I saw was the assessor sitting in their car in the car park ajacent to the building watching the people who parked up there get out of their cars.

 

 

Just contact the assessment centre and ask for the assessment to be voice and/or video recorded for your records.

 

The person you saw will just be doing the admin. It will be a qualified healthcare professional that does the assessment.

 

Be aware that as soon as you put one foot in the door of the assessment centre, the person having the assessment will be assessed. It does not start when they take them into the assessment room. This is why the assessor will come to the waiting room to collect the person to be assessed.

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they look out of the window an watch peopel walking up the road towards their building. Anyone being a bit nippy crossing the road to avoid becoming a statistic will get marked down. Cheekiest I saw was the assessor sitting in their car in the car park ajacent to the building watching the people who parked up there get out of their cars.

 

 

I actually dont think its that cheeky.

If you say you can only walk 50 yards but are skipping from the car park and then "put it on" when you step thru the door then its a fraudulent claim.

Unfortunately these ATOS numptys think every claim is a fraudulent one, not a tiny percentage.

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Thanks for the responses, will keep you all updated with how things go. I fully expect us to be turned down, we always are, but then win on appeal. However I have got fed up of the blatant lies they make and the time and distress involved in appealing. So this time, I'm going to be fully prepared and will be taking action beyond just appealing.

 

With the help of this group in the past, I have taken on a billion pound company on my own in court and won. So I'm not averse to a big fight against these kind of sharks.

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  • 5 weeks later...

Update on this, we went for the assessment and had the thing recorded. The whole thing took about 2 hours complete.

 

Assessor seemed fair, and when using an old report to compare against. I asked her to read out some bits where we know we have been "misquoted" in the past.

 

However we have now had a phonecall from the assessors wanting to "clarify" some answers. I presume her boss is not happy with the report and think we are a soft target for our claim to be rejected.

 

Stupidly, the other half agreed to have the phonecall there and then without rearranging.

 

Anyone have any insight on why they do this ? How common it is ?

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