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Everything posted by 69Eyes
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Yes, the person I am helping is unable to use a computer... so no, not ideal, but it is what it is. The trip back to the park was impromptu and time constrained. For a number of reasons I'm bowing out now. I know your time / expertise is a scarce resource and I'm sorry if you feel like I've wasted it. It's been very helpful to me regardless, so thank you.
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1 Date of the infringement 12 Jan 2019 2 Date on the NTK 20 Jan 2019 3 Date received Not sure - sent to wrong address (RK's fault, not updated V5) 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Y 5 Is there any photographic evidence of the event?ANPR only on NTK 6 Have you appealed? N 7 Who is the parking company? ECP 8. Where exactly [carpark name and town] Ravenside Chesterfield For either option, does it say which appeals body they operate under. BPA logos all over the shop If you have received any other correspondence, please mention it here NTK not received as posted to incorrect address. (£85, or £50 if paid within 14 days) - sent 20 Jan 2019 DRP demand for payment then sent to incorrect address. Amount risen to £145! - sent 24 March 2019 DRP "we've traced you" sent to CORRECT address. Amount still £145. - sent 11 April 2019 Here's the NTK ECP_NTK.pdf
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Dang. The SAR is ready to post. However the RK of the vehicle has since managed to obtain the earlier documentation from the new tenants at their old address. The original NTK document was sent approximately a week after the alleged overstay (which was approx an hour, so beyond any grace period). Also, the driver has revisited the car park in which the alleged overstay occurred, and currently the signage seems pretty clear. She has no evidence to suggest it was otherwise on the event date. Do you think there is any point in proceeding with the SAR, or trying to appeal?
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Somebody moved house last year and forgot to update their V5. They have just received a demand for payment from DRP / ECP, who traced them to their new address. The parking charge date was 12 Jan 2019. The date of the demand was 11 April 2019. No NTK was received. BUT... this was likely sent to the old address, so there is no way of knowing whether this was delivered within the 14 day timeframe. (No windscreen ticket was issued). I've researched here on CAG, also on MSE, and I'm wondering whether the best course of action is to: 1. Ignore it entirely 2. Request details of all mis-addressed correspondence from ECP, and attempt an appeal 3. Something else? Also if this person took option 1, could it affect their credit rating (presuming it doesn't get taken to court)?
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Thanks Andy. It's a business. So I looked up to see if the CRA still applies (it doesn't). For anybody else reading, I looked it up and found that: Under the legislation, the products you sell must: It also tells me about the right to a refund, repair or replacement: Source: https://www.simplybusiness.co.uk/knowledge/articles/2017/03/sale-of-goods-legislation-consumer-rights-act-guide-for-small-businesses/ So now my question is: What if they don't agree that we're entitled to one? How could we go about demonstrating this? In this case, the USBs are supposed to be used for presenting wedding photographs. But, the quality is so bad you could NEVER present them to your clients. But technically, they "work" - i.e. you can read and write from the USB.
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My partner ordered some branded USB drives (credit card style) from a reputable printing company. She has used them before for other products, and to be honest, the quality has always been reasonable. However, the quality of these USB drives is terrible. The 'printing' bit is ok, but the base product is awful. They look really cheap and nasty. The material has a poor finish and there is a small gap where the USB section swivels around. Also the USB section doesn't fit snugly into the rest of the card when closed, which means the printed image is not lined up correctly. We would like a refund if possible. A replacement would be ok if the quality were right, but I suspect this is a standard base product that they use and that any replacement would have the same defects. I spoke with them on the phone, and they have requested photos, which I am sending now. But I didn't get the impression a refund would be a likely option. And as mentioned, I'm not sure a replacement would be adequate. I'm not sure what our rights are here. The goods were ordered online (which would normally allow a return period after inspection). But I have read that normal rights are not applicable when ordering 'customised' goods. Nevertheless, the Sale of Goods Act does state that the quality of any goods must be satisfactory. Can anybody offer some advice as to the best way to proceed?
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
Sure, mostly done, I'm temporarily out of repping power- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
I would like to get a few rounds in for all who've chipped in on the thread... I guess the best thing is a donation... I will wing one over when payday comes.- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
I can't believe they're allowed to do that! What's the point in all those regs if they can just pull it out of the hat on the day? I'm self employed, and a director, plus I'm hoping to get a mortgage in the next couple of years. So a CCJ would be suicide. And there was no way I could have stumped up £4k outright. If I'd have known all this in advance I'd have done things a whole lot differently... but who hasn't said that at some point.- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
It certainly does suck. But it's not the thing I'm most angry about (considering they added on about £700 anyway, what's an extra couple of hundred?) By ignoring multiple legitimate requests for the agreement, and then providing it 2 working days before the hearing, the rug was seriously pulled and I was put in an untenable position, so that my only 2 options were to settle pronto or risk a CCJ. They should never have been allowed to initiate a claim with a request for the agreement outstanding.- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
Ideally I would have. But time was tight. I was worried it might drag on if not completed that day. So yep stuck with it- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
Not much TBH. The 1st Crud guy was suprised to see me, he had passed the tomlin to the usher for the judge to sign. His breath was terrible. Usher said "cool if you're happy you can both go now". Prob should have argued the interest then, but I didn't know how long it would take, how much hassle it would be. It was so close to bed, I left it.- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
Ta. I saw your update, from the courthouse, on my mobile. I wasn't sure what to do at that stage as I had already signed the order. Now that I've signed the tomlin, is there ANY kind of claim that I can make against them? (e.g. including, but not limited to acting irresponsibly / unfairly / adding on charges / interest?)- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
Will do. FWIW, they break down the additonal costs like this: £170.00 – interest - date of assignment to date of issue of the claim £150.96 - interest - issue of the claim until date when Tomlin Order agreed £80.00 - fixed costs Claim £185.00 - claim issue fee £335.00 - hearing fee- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
K, will do. Ta once again.- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
Ok, will do. I got the wrong end of the stick, thought the Tomlin would negate the need for a hearing. Now I have signed the tomlin, am I right in thinking that there is no need to prepare info regarding bad reconstructions of TCs, etc... it will not be of any benefit to me now, will it?- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
I don't understand that. I'm pretty sure they have been added. The lady on the phone said they would do. And the balance has shot up by a few hundred so it looks like they have been. The hearing is tomorrow morning, and I doubt I'll hear anything before then, so I'd better start getting my documents and stuff together.- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
From their email: Is there any point in me attending this?- 116 replies
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1st credit claimform - LLOyds card - Defended, DQ/Mediation help
69Eyes replied to 69Eyes's topic in Financial Legal Issues
The original claim was £3.5k, they added 250-ish on for court costs and 90 for sending someone to court. But the tomlin amount is 4.2k so something is amiss. I have asked them for clarification. They seemed reluctant to go for the tomlin ("isn't it a bit late for that?"). I told them it was their fault as they had only just supplied the evidence. It was getting late in the day, so when the sent the order over... I basically just folded- 116 replies
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