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About 8rlarus

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  1. The recent reply from the manager Good morning Mrs Paulikva. You initially raised three concerns with the mattress. Undue wear. Border not straight. Sagging in the centre. The manufacturers have now seen the images, and they agree with my initial assessment, that no fault is indicated in these images. Quote “Looking at the images provided, there is no fault with the mattress as the settlement they are experiencing is due to the natural fillings used”. “Should your customer still be unhappy, then we can send an independent inspector out to them, but should this come back with no fault, then the charge of £40 + VAT would have to be passed on to you”. We would now request the opportunity to have the mattress independently inspected. On the basis that we will pay for the inspection if the mattress is found to be faulty, and you will pay should it not. If we are unable to resolve this matter amicably, then of course there are several avenues open to you. Trading Standards, County Court etc. Kind regards General Manager I still have no idea what the tolerance levels are and how independent this process is. I'm sure it'll be found to be perfectly fine and I'll be left out of pocket even more. Can someone please help?
  2. Good thinking!!! Just posted this reply to them: Good afternoon, Thank you for your reply. Please forward the product description where the sagging tolerance of a particular mattress that's been in use for a particular time is defined. This should be relevant to the model we purchased that's been in use for just over 7 weeks now. Unless it's defined by the manufacturer for this particular model this is a matter of your perception against mine and makes the 'acceptable dip' example irrelevant. I also understand the mattress should be covered by the warranty- could you please send a copy as we'd like to check what is covered and what the exclusions are. I appreciate you're a small company and might not have a complaints handling process in place. You do need to signpost me, however, how this can be escalated further if the issue is unresolved (my local Trading Standards office, the Consumer Ombudsman?). Once I get the chance to review the warranty information and the 'sagging tolerance levels' definition in the product description I'll look into sending you further images. Thank you.
  3. Well, I've got a reply from their customer service- looks like I'm not getting anywhere with my request. Apparently there's a tolerance level to the sagging a mattress can have. Who's established it? I can't possibly send him any more 'images which more clearly shows this problem'. Thank you for your emails, the contents of which have been noted. You are of course perfectly correct in your assertion. Your contract is with us, the retailer, not the manufacturer. However in reality, should any product prove to be faulty, ultimately the manufacturer will be obliged to accept the return of the goods in question, and so it is considered a question of courtesy to give them the opportunity to review the complaint in question. I have studied the images you have sent, and cannot see any evidence of the wearing that you refer to. If you would kindly send me an image which more clearly shows this problem, I will gladly look again. With regard to the “left border/side- it's not straight and already dented”. I have included an image of a Myers mattress which retails at £289. You can clearly see that the borders are not straight. This is because mattresses are not solid objects, and generally follow the contours of the material beneath. The sagging that you refer to appears to me to be within tolerance, but if you wish to send me a clear image with a measure detailing the depth of the depression, I will gladly look again. Example. aceptable dip “Please include an attachment or a link to your complaints handling procedure”. I am not aware of any obligation for a retailer to have a complaints handling procedure, except for internet sales, which is not relevant in this case. We are a small company, I personally become involved in only a few complaints each year. Please do not hesitate to contact me should you need any further assistance. Kind regards General Manager
  4. Hi all, need some advice please. We purchased Ultimate Amira Healthopaedic mattress via Bed Factory (1-4 Spence Lane, Leeds, LS12 1EF). We purchased the mattress on 25.4.16 for the nursery and started using it on 8.7.16 when our daughter was born. The mattress is not of satisfactory quality due to the wearing and sagging that's occurred within weeks. I'm of light build and a mattress should last years before that type of wear occurs. The retailer advised they're not in a position to refund or exchange and referred us to the manufacturer. Basically asked us to take pictures (which barely show the issue but it DOESN'T FEEL LIKE NEW at all) to be sent to the manufacturer to'make a decision'. I decided to contact the manufacturer and the retailer's head office directly as I wasn't happy with the store manager's advice. The manufacturer advised the responsibility lies with the retailer. The retailer's head office asked for pics to be forwarded to them. The mattress was comfortable to begin with, the past 2 weeks I noticed once you get up it doesn't regain its shape. I did my best with the pics- they barely show the dents and I'm worried I'm just being fobbed off. My last email (no reply to it yet) is below: Good morning, Images attached. Would you offer a comment on why Steve advised these were to be sent to manufacturer 'to make a decision' and it had nothing to do with the store? First attachment- please also take a closer look at the left border/side- it's not straight and already dented as well. This isn't what a new high quality mattress should look and feel like. Please treat this as a formal complaint- a similar replacement product would be an ideal resolution. We used the store before and bought the mattress for our master bedroom from you-still very pleased with it and happy with the service provided at the time. This is the reason why we decided to use you again-unfortunately, at the moment this situation appears a blatant attempt to fob off a returned customer. Please include at attachment or a link to your complaints handling procedure. So any advice on where I stand with this one and who I take it up with if I get no joy with the retailer would be much appreciated. Thanks guys!
  5. Thank you all for your support. Will sort out t he appeal this week-end.
  6. Thanks Vondoothoven, great reading I also found a similar thread on money saving expert, but for some reason it won't let me post a link. I copied the rejection letter below: "The appellant relies upon a number of well rehearsed arguments. First, she claims the signage along the red route at John Lennon Airport is inadequate. Linked to this is her assertion that there could be no contract with the operator. I have been provided with photographs of the signs and a plan showing where the signs are placed along the red route. I note that the signs are large. The writing is large and set against a bright red background. It clearly indicates no stopping. Beneath this is further information indicating that vehicles stopping will be filmed by cctv and a parking charge of £100 will be payable. In my view the construction of this sign is more than adequate and a reasonable person would know exactly what it means. I am also satisfied that the wording on the sign is capable of constituting a contractual offer to motorists using the red route: stop and pay the parking charge. Contrary to popular belief, to be binding, a contract does not always require signatures; a person's agreement to the contract can often be inferred from the surrounding circumstances. In this case, the appellant's car did stop on the red route. In my view, this signalled the driver's acceptance of the operator's terms to pay the parking charge. Given that the operator clearly communicates to motorists the amount payable in the event they stop, I am satisfied that this constitutes a contract for a fixed sum. Pre-estimate of loss is therefore not relevant in these circumstances. If the driver considers the charge disproportionate or excessive, they do not have to stop. The appellant further asserts that the operator has no standing to enforce parking terms on this land. I have seen a contract between the management of LJL airport and the operator giving the operator permission to control parking on the land. I am therefore entirely satisfied that the operator did have standing and is entitled to enter into contracts with motor ists on this land. I have reminded myself of the provisions of the Protection of Freedoms Act in relation to \"relevant land\". I am entirely satisfied that this land is land to which parking terms could be imposed and enforced wight he use of cctv against members of the public. Having carefully considered all the points made by the appellant, I am confident in rejecting each of them. I am satisfied that, by stopping, the driver of the appellant's car agreed to pay the stipulated parking charge. I was going to use her appeal letter but it looks like there's no point in sending one (other than getting VCS to pay the fee)....
  7. I've not admitted to it! Grr... This makes my blood boil! I found a very recent thread on money saving expert about the appeal. the rk appeal was based on relevance , she quoted airport byelaws- I managed to find 2005 copy, signage, preestimated loss etc.the appeal was rejected , will copy it in when I'm home later tonight . Just shows how unbiased they are
  8. Most certainly haven't, I sent them the same letter I posted here. I've just read it again, can't seem to find where they're saying I admitted to it?
  9. Has anyone got any recent pictures of their road signs? There're quite a few online (obscured by the flags or other signs, etc), but I'm unsure if they've moved since.
  10. Thank you. I'm trying to find a copy of the Doncaster byelaws - the most recent one is from 2005, so hope it hasn't been changed. All links on relevant forums return 404 not found. I also want to prove the contractual charge method doesn't apply, as the signs are inadequate for anyone to read them from a moving vehicle, i.e. you couldn't have accepted terms and conditions. Also, if I submit my appeal this week, how long does it all take from start to finish. I'm going away for 2 wks mid august. Cheers.
  11. sorry, got them converted to pdfs now so what's the verdict? is it a standard fob off letter? Any point to appeal?
  12. Here you are. Checked a copy of the original letter sent-I didn't reference POPLA.
  13. Hi all, got the rejection letter this morning- a very detailed one. Or may be just a standard one, not seen one before. Will post a copy in a minute, please approve uploads. Can somebody please review it and let me know if they're correct in their reply and post a link or a copy to a recent IAS appeal relevant to airport private roads. I see they ignored most of question asked as 'not appropriate to deal with at this stage'....
  14. Right, sent the appeal and a complaint letter to Peel Management head office. Both by signed for delivery. Will let you know when the rejection letters come in.
  15. OK, thanks guys. Can somebody please read through this and let me know if it's good to go? I’m the registered keeper of a ..... registration number ......... On 25 June 2015 I received a Parking Charge Notice (PCN) from Vehicle Control Services Ltd (VCS) for allegedly breaching terms and conditions of use of the Privately Operated Access Roads at Robin Hood Airport, Approach Roads. I appeal the PCN based on the following points: 1. The parking company or their client require planning consent to charge motorists for any alleged contravention- please forward the evidence of such consent. 2. The parking company has to have a contract with the landowner that permits them to levy charges on motorists up to pursuit of these charges through the courts.- Please forward a copy the such contract between you and Peel Airports Limited. 3. The signage on site was not compliant with the British Parking Association standards and here was no valid contract between the parking company and the driver. - Please provide the photographic evidence of your described signage on site entrance and other ‘prominent’ places you’re referring to. Please also provide the evidence your said signage was compliant with the British Parking Association standards at the time of the alleged contravention. 4. The amount demanded is not a Genuine Pre-estimate of loss.- The entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. I require the parking company to submit a breakdown of how these costs are calculated. All of these costs must represent a loss resulting from the alleged breach at the time. 5. Keeper Liability Requirements and the Protection of Freedom Act As keeper of the vehicle, I decline, as is my right to provide the name of the driver of the vehicle at the time in question. As the parking company have neither named the driver nor provided any evidence as to who the driver was I submit that I am not liable to any charge. Should you choose to reject the appeal and contact me again, I expect you to enclose the following documents: A copy of your contract with the land owner which authorises you to act on their behalf in the management of this car parking area. A copy of the contract which you allege the drive entered in to when allegedly stooped on access road. Photographic evidence of the actual signs in situ, together with identification of the locations around the site where these signs are currently placed. Please also confirm the date when the photographs were taken (if not evident from the photographs themselves) and whether you have made any alterations to the signage since the photograph was taken. A copy of the full terms and conditions for use of the land where the driver allegedly stopped. A copy of your certificate of membership of the BPA/IPC. A copy of your protocol which your enforcement and CCTV operators are required to follow. A copy of your standard appeal procedure and confirm whether or not it complies with the Arbitration Act 1996. Full details of the owner of the parking area (if it is not already stated in the copy contract above) as I wish to send them a copy of my letter to you. A copy of all of the images that you have of my vehicle. I understand that the Data Protection Act entitles me to all of this information. A copy of your protocol for handling personal data such as images of my vehicle. I assume that such data is not disclosed to any third party (other than POPLA in the event of an appeal) but please confirm this. Please provide this information within 35 days of receipt. If you are unable to provide any of the requested documents please provide a reason for each omission. If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. Yours faithfully, Any changes or suggestions? Will post it on Monday. Thanks
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