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About map890

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  1. Could I put this and only this in my appeal to POPLA? From your reply, it doesn't look like I stand much ground based on the other two points.
  2. Hi, Sorry to be thick. I have read this thread several times to be sure. Can you please confirm that my appeal to POPLA should be as follows (from post 21): 1) Supermarket obliged to provide disabled parking spaces as part of the planning consent and is not part of the blue badge scheme and UKPC's interpretation of what that entails isnt compatible with that consent nor disability legislation. 2) That in any case, a breach of UKPC's otherwise contrary to law conditions has not caused them a loss nor is their claim a genuine pre-estimate of their losses but an unlawful penalty. Thank you
  3. Hi All I have now received the POPLA letter, which came within the correct time period. Please see attached for the letter that they have sent: Obviously I want to appeal to POPLA - what is the best stance to go with? Thank you! POPLA Letter.pdf
  4. Hi SuperVillain Yes - it has been transferred to a court near where my mum lives. She has received the trial date.
  5. Hi Steampowered. She definitely has done so, and I think she told me she has e-mail to support this. Please see attached her defense which she has submitted... Defence doc.pdf Thank you
  6. Hi Steampowered I don't know what was in her defence - I have asked her to supply this info. Likewise I have asked her if she has any terms of sale. Would a clear statement between my mum and the buyer via e-mail stating that she was only acting as an agent be enough? Thank you
  7. Sorry, should have been more specific - these T&C's are all-encompassing for all services available on her site, of which there are different levels. She is a professional harpist and when she is selling or renting harps out for other people she does contract herself out to inspect the instruments etc. In some of these instances, she acts as an agent, and maintains the harps etc whilst they are in her care, and assists the 'owner' (seller) by arranging and transporting the harps for any repairs that are required, and she charges the owner as such. This repair history would then also go on the listing so that potential buyers know that the instrument has recently had a new neck, for example. In the case here, she was only listing the instrument on her site. The harp in question is a Paraguayan harp, which are different to the ones my mum usually deals in, and building, repairing and even playing these types of harp requires different expertise. When looking at her website, they see the advert in post 3, correct. Yes there was superficial damage to the harp which does not affect the sound - this statement was provided by the seller of the instrument, which he said came from a harp repairer. My mum has e-mails from him stating this. Also Just found a Disclaimer on her website: Disclaimer of Liability [WEBSITE] endeavours to ensure that the information contained within the [WEBSITE] Web site is correct but does not accept any liability for error or omission howsoever caused and whether by the negligence or omissions of [WEBSITE] or otherwise. Information, editorial, advertising, products and services provided by [WEBSITE] are provided on the basis that [WEBSITE] disclaims all warranties whether express or implied. Neither [WEBSITE] or the suppliers of information shall be liable for any direct, indirect, incidental or consequential loss of business profits or special damages. “[WEBSITE]” and its executors and employees reserve the right to refuse any advert or any wording for such advert, for display on the website. We also reserve the right to change any wording or delete wording that we deem unsuitable for professional or ethical reasons. “[WEBSITE]” and its executors and employees cannot be held responsible for any wording posted by an individual in an advertisement on any part of the website, which may be deemed misleading or offensive, whether for professional, ethical or religious reasons. Anything useful in here?
  8. Yes, have seen that Here are the T&Cs on her website. I've replaced the name of her site with [WEBSITE] just in case. Maybe there is a way out of this for her on there: The Owner, hereafter referred to as the “owner”, of itemized harp, agrees to the collection and transport of Harp, by “[WEBSITE]” hereafter referred to as the “Agency”. Costs of travel and transport of harp are to be covered by agency and will be included in the commission fee as agreed between owner and agency. Harp must be examined by agency on collection from owner and any marks and/or imperfections noted and agreed by owner and agency. Details of work to be undertaken on harp to restore harp to playing condition will be confirmed in writing to owner of harp before such work is commenced. Any major reconstruction or major repair work, namely new neck, new soundboard, re-riveting will be paid for by the owner of the harp. This work will be carried out by “Munson and Harbour “, reputable harp restorers and repairers, of 119-123, Sandycombe Rd., Kew, Surrey, TW9 2EP Re-stringing will be paid for by the owner.. This will be done by [WEBSITE] – using first quality Bow Brand gut strings and bass wires. Pirastro Bass Wires can be provided by special request and at added, agreed cost. Service and regulation will be paid for by the owner. This work will be carried out by Munson and Harbour, as above. It is understood and agreed that the price to be paid by the Owner for the repairs as set out in this contract is reflective of examination of the harp prior to disassembly. Actual disassembly of the harp may reveal additional work which is necessary and/or advisable in order to restore the harp to fine playing condition. In the event that a more detailed inspection after disassembly reveals the need or desirability for such work, [WEBSITE] will promptly notify the customer in writing of the additional work recommended to be done and the price therefore. The owner shall, thereupon, either give the agency written authorization to proceed with such additional work or the written confirmation that the work should NOT be done with the understanding that the harp will not, therefore, be restored to good playing condition. Whilst harp is stored at premises of agency the following terms and conditions shall apply: a) agency will be responsible for maintenance of strings and replacement of broken strings at no additional cost to owner. b) Harp must be stored away from heaters and radiators. c) Harp must be stored out of direct sunlight. d) Pedals must be kept in “flat” position when harp is not in use. e) Harp must be maintained in tune at concert pitch – A= 440. f) Harp will be stored in music room, the main door and windows of which are locked when not in use. Viewing of harp by potential purchasers, whilst on premises of [WEBSITE], will be supervised at all times. Potential purchasers of the harp shall be permitted to play harp and test its sound and playing quality on the premises of [WEBSITE]. They shall not be permitted to move the harp or remove it from the said premises. Any final sale price negotiated by purchaser must be agreed by the owner. [WEBSITE] are not responsible for any financial loss or difference in estimated price and final selling price. At all times whilst the harp hereinabove described is in the possession of [WEBSITE], the owner shall keep the same insured against all perils in the amount of at least the estimated commercial value of the instrument and shall pay the premiums thereon and keep such premiums paid during the continuance of this agreement until the sale of the harp by the agency or the return of the harp to the owner Insurance cover must be “All risks, worldwide” to insure harp whilst in transit from owner’s premises to agency premises and in transit to and from premises of harp repair workshop and to cover storage in harp repair workshop and agency premises. [WEBSITE] shall take all reasonable care to protect the harp from loss or injury. However, the owner hereby releases, remisses and forever discharges [WEBSITE], its executors, and administrators from all actions, claims and demands which may hereafter be brought against it in connection with the harp herein described except as to such rights as are set forth in this agreement In the event that the harp hereinabove described is lost or damaged through theft, fire, act of public enemies or act of God, or any other cause beyond the control of the agency, [WEBSITE] shall not be liable to the owner for such loss or damage except in the event that such loss results directly from the negligence of [WEBSITE], total liability shall not, in any event, exceed the sum of one thousand pounds sterling ( £1000.00) regardless [WEBSITE] is not responsible or liable for providing a replacement harp, nor for the loss of income while itemized instrument is in our possession. All monies due for repairs, servicing and otherwise restoring harp to good playing condition must be paid by owner before harp is released to purchaser. Agency fee for Storage, Maintenance and sale of harp through [WEBSITE] is ten percent (10%) of final sale price of instrument. This fee is to include all advertising and promotional material to promote sale of harp. Final agency fee shall be paid by owner before harp is released to purchaser. Final sale price, once negotiated is final. [WEBSITE] cannot guarantee a fixed time period for sale of harp. If after a reasonable period of time, harp has not sold and owner wishes to cancel agreement, all travel costs incurred by agency, repairs and string replacement fees must be paid in full by the owner. All accessories and extra items included in sale of harp, such as travel covers, house covers, tuning keys, music stand, trolley etc must be itemized and listed on agreement contract.
  9. Hi BankFodder I have asked her to e-mail me the claim form now. She has not been in contact with the seller. I don't understand why - I think she just wanted to keep him out of it when she realised the buyer was nuts. Should I post her website & T&Cs here? Could it potentially cause problems with the court case if they found out I was posting on here? Please see attached claim form, and advert as it appeared on the site. The description comes from the seller, not my mum. She did not write it. I asked her about the holes in the neck of the instrument that are mentioned on the claim form. She has emails from the seller that say it was like that when he purchased it, and does not affect the sound.
  10. Hi All Wondering if you can help, I just took a phone call from my mum who is stressing because someone is taking her to the small claims court. Here is the story, sorry it's very long but I will try to make it as concise as possible: 1. She owns a website which sells musical instruments. People can pay her to list their instruments on her site. 2. Someone approached her to sell an instrument for around £500. She was paid £35 listing fee, and listed the instrument on her site. It was described as damaged and to be sold as is, because it was. Seller dropped the instrument off at her house as she better located for pick-ups (nearer London) 3. Buyer bought the instrument blind - did not come to see it, against the (verbal) advice of my mum. 4. Buyer paid owner of instrument directly into his account. My mum did not see any other money other than the £35 listing fee. Buyer's husband picks the instrument up. 5. Buyer tries to return the instrument because it "won't hold tune", my mum advises that it was sold as is and she should not have bought it blind 6. Buyer becomes increasingly hostile and threatens to drop the instrument off with my mum's elderly neighbors. My mum is a bit WTF at this point and tells the buyer to seek refund from the guy who actually owned the instrument, as she didn't receive any money for it. Buyer is not having any of it and insists my mum is responsible. 7. At this point my mum thinks the woman is crazy and ignores further communications 8. My mum receives a notice for remediation and calls the mediator, explains the situation and that the buyer should take the problem up with the seller, but the mediator is not interested in hearing this, so my mum says that "mediation is pointless" 9. The next thing, a letter for the small claims court arrives, and the hearing is on the 30th. I am wondering what her chances are of succeeding in small claims court are, and if anyone knows of any similar cases that we can read /bring to the hearing? In my opinion, this is a bit like someone trying to sue eBay over a listing for an item that is bought as spares or repair and sold as-is. The seller is responsible, not the agent - surely? Thanks in advance all, my mum is extremely stressed out over this. I don't know why she left it till now to tell me. Anything anyone can advise is greatly appreciated.
  11. have uploaded as PDF. See attached If I send them a letter requesting POPLA and state that the sign doesn't comply with regulation, would that be enough to get the ticket dropped? convert-jpg-to-pdf.net_2017-07-31_19-52-51.pdf
  12. Hi Please see attached - picture of the NTK letter and a picture of the signage (sorry for poor quality, this was from the UKPC website where you can see pictures of your vehicle and related signs). This sign is about 10ft off the ground, by the way. 1 The date of infringement? 25th June 2017 2 Have you yet appealed to the parking company yet? [Y/N?] No if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Yes what date is on it 26th July 2017 Did the NTK provide photographic evidence? Yes 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Yes 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? UKPC 6. where exactly [Carpark name and town] did you park? See Picture - Leyton Mills
  13. Hi All My partner received a windscreen ticket for parking in a disabled bay. As per the advice on this forum, we have waited for the NTK, which arrived 34 days after the ticket was put on the windscreen. I am planning on writing for a POPLA code but wanted to clear up a question I have on the POFA Act 2012. Under section 8, which (as I understand it) is the section applicable if you have a windscreen ticket, the act says: (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given. Does this not mean that the notice to keeper must be received within 28 days starting from the day after the windscreen ticket was received? It's just that advice elsewhere says that the NTK must be received within 28-56 days.
  14. Hi all, Me again... I sent my request for POPLA to Gemini using special delivery. They tried to deliver today but no one was around to sign for the letter. What happens if the POPLA appeal letter can't be delivered? TIA
  15. There is no such thing as parking for an hour. This is one of the reasons I ended up selling my car - there are no temporary permits for visitors. Paying £50 per month for a permit is your only option, and there is NO parking on the streets nearby that isn't already marked out by Gemini or one of the council parking signs. The properties in my building are rented out by a company called Get Living London who also provide the permits. I am not sure who actually owns the land - the property is in the Olympic East Village if that is helpful? I guess Get Living London have some sort of arrangement with Gemini?
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