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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Wife nearly killed by builder


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I promise that I’m not exaggerating.

I’m quite shocked about the incident and not entirely sure what to do.

 

Would welcome some advice.

 

We’re having a loft conversion done by a seemingly reputable building company.

 

Earlier this week my wife was in our first floor bedroom when a steel girder came crashing through the ceiling.

 

It didn’t drop through all the way

- the builder working in the loft was able to stop it.

 

it came down a long way: certainly beyond head height.

My wife had been standing exactly where it came crashing down only a moment before

- fortunately she had moved just before the incident.

She would have been struck on the head otherwise, with presumably devastating consequences.

It’s really frightening to think about, to be honest.

 

The builder was quite shaken by the whole incident, but his supervisor seemed to imply that it wasn’t too serious, said he didn’t think the beam had descended all that far, and promised to fix the ceiling.

 

My wife is adamant that she knows exactly how far the beam came down

- the supervisor wasn’t there of course.

 

I wrote to the company to say that this was a really serious matter, that a disaster had narrowly been averted, and that I wanted both a proper investigation and for the incident to be formally reported as a “near miss”.

 

The Director of the company called me back the same day, was quite apologetic, but said there was little to be done now. The nature of the incident - ie no one was actually hurt -

- meant that there was no body that the incident should be reported to

- though they would formally record it in their register.

 

Otherwise he was prepared to dismiss ther builder, or move him off my job.

But I don’t want to damage a young lad’s livelihood.

 

In my experience, when accidents like this happen its usually because of systemic failures that enable individual errors to happen,

 

I’m worried that the company has been a bit dismissive of what I fear is a really serious incident, and that I have an obligation to make sure that lessons are properly learned so that no one else is put at risk like this.

Next time they might not be so lucky.

 

Would welcome others’ thoughts and advice on what I should do next?

Edited by dx100uk
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Yes it sounds serious but sometimes accidents happen.

The fact is that the director of the company is going to fix any damage caused and is apologetic says he is a reputable person.

In all fairness no injury's were sustained but they are recording it as a "near miss".

 

Unless you can prove negligent work practices in the reasons why the steel beam came lose then I dont think there is anywhere to go with this.

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Perhaps a GOGW could be reflected in their final invoice ?

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Until floor is down in the loft, the 1st floor should be a no entry zone when builders are at work.

Same for all the perimeter of the scaffolding at ground level.

Standard practice.

 

In other words they should prevent access to the staircase leading to 1st floor and if it is essential to get there (to use the toilet for example), builders should stop working and wait until it's clear.

 

There's plenty to do on a loft conversion job, so they don't really need to stop working, but just do something else which would make it impossible to let anything through the ceiling.

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Yes they admitted this.

 

Apparently the builder thought my wife was not in the house (she was, as were my children).

 

At no point was she told that no one should be upstairs whilst the beam was being moved.

 

The other thing the company said happened which shouldn’t have done was that the beam was broughtt high at an angle through the window space to the floor - where is was rested against a joist.

 

Apparently the beams should be moved low and flat - not at an angle - lest they then slide through the ceiling (as this one did).

 

Finally the company said they normally put the floors down before they put the high beams in - but for some reason the build went out of sequence.

 

They’ve been quite open about all this - but it seems to me quite negligent all the same,

Edited by dx100uk
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You can call the HSE as the building co seem to ahve some very unsafe practices by the looks of things. The HSE bod can order them to remedy unsafe working procedures but will certainly rip a new hole for them for their lack of written procedures. saying they normally do somehting but didnt is no excuse.

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the other thing I would be minded to do is to claim on their insurance rather than letting the director settle. If they refuse to countenace this then you start off with your insurer and tell them the full story I dont believe the words of the director and this will test them.

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the other thing I would be minded to do is to claim on their insurance rather than letting the director settle. If they refuse to countenace this then you start off with your insurer and tell them the full story I dont believe the words of the director and this will test them.

 

I don’t think there is anything to claim for: no one was actually injured (luckily) and the builders will repair the ceiling as part of the broader loft works.

 

I wasn’t sure whether we - as customers, rather than employers or employees - could report the incident to the HSE.

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