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chris600uk last won the day on March 26 2009

chris600uk had the most liked content!


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  1. This is what I wrote to the Council to asking them to cancel the ticket: On the 14th March 2011 - I visited ASDA store number **** in ********* for the first time ever. I was in my mother-in-law's car with my 4 year old grandson doing a large shop for her - because she is 74 years old and cares for her husband who is 80, and has had a massive stroke. I parked at about 13:20 and seeing the signs ,realised that this was not an ASDA carpark, and that I would need to purchase a parking ticket. I had expected to park in the ASDA carpark, and begin shopping as I have done in every other ASDA carpark that I've been to, and pay by debit card. So I didn't expect to need cash. I locked my car and went with my grandson to the nearest ATM to get money. Once I'd done that - and because ATM's give out notes - I had to go into the ASDA store to get change. Once I had change, I went to the nearest Parking Ticket Machine which wasn't working. I then went to the next nearest machine which was working ,and after waiting for two other people in front of me to get their tickets, paid £1.20 for ticket number: ******* at 13:28. Returning to my mother-in-law's car I found PCN number: ********** on the windscreen which had been put there at 13:25, just 3 minutes earlier. I spoke to several people in ASDA who told me that the parking wardens watch and wait for people to park their cars, and once they leave to get parking tickets then put PCN's on the windscreen, so it seems that my experience is not unique. I spoke to two people waiting to buy tickets, to the girls serving in Customer Services in ASDA, and the girls serving in ASDA's cafe. All said largely the same thing - that this is normal behaviour for the parking wardens. The girls in ASDA also said that ASDA wanted to buy the land to make car parking free - which is why ASDA refund the parking ticket money to customers. So I had nothing to gain by parking without a ticket, because ASDA automatically refund the cost of the ticket at the checkout. There was nothing I could do at that moment - so I continued to do the shopping I'd gone to ASDA to do. I bought 98 items spending £233.85 and paid for them at 14:50 using my debit card which is on my mother-in-law's account. I still have the receipt dated 14/03/2011 which was given me by Operator 1524, at Till 15, Transaction number 02972. I have a bank statement showing a corresponding entry for the ATM withdrawal, and the purchase at that ASDA store. Please cancel this PCN because I believe I have been the victim of over zealous parking enforcement - I suspect that the parking warden was nearby when I parked the car, although I didn't see him/her. If I had seen him/her, I would have said that I'd arrived with no money on me, and would have asked them to give me time to get the money and then change to buy a parking ticket. I agree that 5 minutes is more than necessary to leave your vehicle, find a working machine and return to your vehicle with a parking ticket - IF YOU GO THERE WITH CHANGE EXPECTING TO BUY A TICKET. But I wasn't expecting to need any cash. I have never been to that particular ASDA store before. I usually use the TESCO in ********* where there is no need to worry about having change for parking tickets. What do you think my chances of success are.? And if they refuse to cancel it - what can I do about it?
  2. You can either sue someone like ryanair using the european small claims or you can't. It does not appear to be possible to sue a company based outside the UK, that doesn't have a UK postal address, using the UK small claims system. Why should the County Court (fast track or whatever you call it) be any different? So far no post has explained why can't I claim using the crossborder claim system against a person or firm based outside the UK who does not have a UK address. Any comments?
  3. How can you exhaust all domestic remedies if you can't issue proceedings in the UK? Ryanair Limited is an Irish registered company, so it doesn't have a UK postal address.
  4. Depends how much the fee is. If I were in your shoes, I'd pay the cancellation fee and rebook the flights I actually wanted. Then I'd ask them in writing for my cancellation fee back.
  5. logically I would have said no, unless you agreed to pay more if they put the price up, somehow I doubt that - or it's hidden in the terms and conditions, I'd say you have your ticket to ride and that's that. maybe someone else will agree or have another view. But do read your t's & c's
  6. You see, I can't see anywhere that it says full payment also happened to be a non-refundable deposit. Don't mention that to them yet. The key to this is to be able to establish: a) that you made a phone call asking for a refund. b) that you did not make a deposit of any sort, that you paid in full c) that they did not advertise that information when you made the decision to book with them. You can, then go to your local small claims court and ask them to decide. But do this first, write a NICE letter, asking for your money back and reminding them that you have already asked them in your phone to them at xxx o'clock on the xxxx of never. You understand that in that telephone call their position was that they don't make non-refundable deposit refunds - yeah, obviously! But, since you didn't actually make a deposit and you did contact them more than 48 hours before the date you booked for, can you please have your money back. Like I said, be nice.......
  7. Well, it's a bit late in the day, but I've only just noticed this thread. Go back to the internet site and get the page. save it and print it out. Then go to your telephone records and check the date and time you made your phone call to them canceling the booking and asking for a refund. Then write a letter to them, reminding them of all that was said on the telephone and ask them again for a refund of your £85. See what they say in writing.
  8. What ever you do, don't sue Ryanair UK limited (Stanstead airport), it's not the same company. I know that sounds daft, but it's true nevertheless.
  9. Incidentally, in another thread Buzby suggested using a paralegal as one more option, might be cheaper than using either an irish solicitor, or flying to dublin on ryanair:)
  10. Who did the O'Carrolls use, did they do it themselves?
  11. There have been different views on what is possible and what is not possible. One school of thought - apparently professional - says that suing a person outside the UK is not possible. But people have done it and this says:“The second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the case of air transport of passengers from one Member State to another Member State, carried out on the basis of a contract with only one airline, which is the operating carrier, the court having jurisdiction to deal with a claim for compensation founded on that transport contract and on Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No 295/91, is that, at the applicant's choice, which has territorial jurisdiction over the place of departure or place of arrival of the aircraft, as those places are agreed in that contract.” That doesn't seem too complicated does it? If you took off or landed in the UK; then a UK court has jurisdiction, and the applicant (that's you and me) can choose where to start the claim. Anyone got any comments?
  12. I don't know exactly. The small claims won't work because Ryanair Limited don't have a UK postal address, but, several people have done it, three that I know of for sure. One was unsuccessful because their claim was based on the terms of the Montreal Convention, but their flight started and ended outside the UK so the court ruled it didn't have jurisdiction (pretty stupid really, all you have to do is read it), another was unsuccessful because they couldn't prove that Ryanair had been untruthful, and that was after they'd tried to sue Ryanair UK Limited (stanstead) and had his claim dismissed, he was able to serve papers on Ryanairs solicitors at that time, and the third was successful precisely because the terms of the Montreal Convention did give the UK court jurisdiction. They won. So, yes it can be done, but it's not easy and unless you've done your homework you will not win. You can rely upon Ryanair to use the best that they can find, and you can count on it, they WILL have done their homework. The other way is a trip to Dublin (perhaps by Ryanair?), unless you can find a nice Irish solicitor who will represent you in court and save you the trip. Probably cheaper to go yourself though.
  13. Hang on, how did the O'Carrolls manage to taken them to court in Aberdeen then?
  14. So you would have to hire an irish solicitor to represent you - right?
  15. I'd be really interested to know why the court refused to accept the OP's application, because it appears to me, that the court have jurisdiction if the flight either starts or ends in the UK. That's why in the case Ford Anglia provided a link to - the case was dismissed, and why in the case of Mr and Mrs O'Carroll, the case could be heard. Another case failed because it was made through the small claims court against Ryanair stanstead. It failed because that company doesn't fly anything, anywhere. But the person making the claim in that case was able to pay an extra fee and change their claim to the district court and have a summons served on the solicitors employed by Ryanair Limited (Dublin). Does anyone have any comment on that, and has anyone successfully sued Ryanair through the Irish Small Claims Online system
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