URL to the PCN notice:

http://myweb.tiscali.co.uk/mrpenguin/File/PCN.jpg

Thanks

On 14/05/08 my wife was adjudged to have been in breach of Code 82 - “one or more wheels on or over a footpath or any part of an urban road other than a carriage way (footway parking)”

The area on which she parked was on the near side of a road ‘after’ the entrance to a cul-de-sac on a main road, with the near side front wheel up on the kerb/verge. There was no path or path entrance being blocked, in fact, the nearest path and entrance is situated several meters away with access unrestricted by her parking (the access for the pathway is gain from a driveway at a 90 degree angle from her parking position, she was also not ‘overhanging’ the entrance to said drive way).

Approx 20-30 meters away, on the same near side of the road, but ‘before’ the entrance to the cul-de-sac (so a separate piece of land), is a sign saying something like “no parking on the verge”. Other than this there are no parking signs, road markings etc.

My thoughts are that she should not pay this fine as from my interpretation of the ticket wording; she was in no way restricting the footway/path. We have taken pictures of the area and want to contest the PCN but can anyone give some advice on what to write and what should be the basis for the defence?

Thanks

Is that a typo on your part or the actual wording?

Yes that was a type-O.

Hi Gyzmo,

The exact wordage is

"Now that we have inspected your carpet we can confirm that it is flattening in the areas where is receives the heaviest use. This is perfectly normal and we are pleased to say that the carpet is not faulty. Carpets will always flatten after use and this will show where the carpet gets used more in some areas than in others. Flattening is not wear and is not a defect."

I can honestly say that I did not expect this to occur and also that I have never seen this happen to anyone else's carpet I have known.

Carpet Right - pattern flattened!

In September 2007 I purchased carpets from Carpet Right for my stairway, landing and x2 bedrooms. The carpet was all the same type & colour and we also purchased underlay from them. Carpet Right arranged for a contracted fitter to lay the underlay & carpet.

After x4 months we noted that the ‘waffle’ effect on the carpet was beginning to become depressed and flatten. Within x6 months we contacted Carpet Right and they sent someone to take a look. Carpet Right have now advised that the carpet is not faulty and so not covered by any guarantee.

I am of the opinion that the carpet is not fit for the person it is intended for and therefore wish to make a civil claim against them.

What should be my approach in making any claim? Is there a particular statute or part of law I should claim?

Just another point, there are only x2 people in the house and we don’t wear shoes on the carpet lol J

...

Can anyone tell me why sparky0071 would post a reply and then delete it? See the below email from the CAG webmaster...

Dear mrpenguin,

sparky0071 has just replied to a thread you have subscribed to entitled - Can I return my TV ? - in the Currys/Dixons forum of The Consumer Forums.

This thread is located at:

http://www.consumeractiongroup.co.uk/forum/currys-dixons/128621-can-i-return-my-new-post.html

Here is the message that has just been posted:

***************

*hi i am a currys dsgi employee *

*if you purchased your tv from a store the we offer a 28 day money back policy however the item must be either unopened or faulty* *clearly your item is not faulty you may need to upgrade your aerial * *we cannot just refund an item because of the quality - this is not a fault* *you need to bare in mind that we need to resell this item if we were to take it back at a discounted price* *so we would lose money * *if the store was to take the tv back from you they would be charged for sending it back as there is no fault with it , this the eats into the employees bonus*

*now you did say that you wanted another tv ..........* *if you go back to the original store that you purchased the tv from and said that you would like to purchase another tv and are prepared to spend a little more they are probably more likely to accept the return as that would generate a bit more profit to account for the loss on the other tv * *also talking nicely to the sales colleague helps..... remember its not the sales persons fault they have to follow a procedure which they quite clearly are doing *

*also if you havent done so already i would highly recommend taking out the whatever happens produt support on your new tv as if anythig did go wrong with it you would be covered its is especially important if you have purchased the item on credit * *if the tv went wrog 18 months down the line you will not be covered without the product support which means that you will still be paying for your credit agreement but have no use for the tv*

*with this product support you will be covered*

*worldwide*

*any accidental damage*

*mechanical breakdown*

*parts*

*labour*

*call outs*

*we guarantee there is*

*1 telephone number to call*

*2 working day call out by a manufacturer* *and if we are unable to fix your tv within 21 days we will issue you with vouchers so that you can come in and purchase a brand new one with similar specifications*

*make sure you take the tv to the store you purchased it you are more likely to succeed * *good luck!!!*

*regards jo*

***************

In response to this...I did tell the store I wanted to buy a new TV, infact it was twice the price! Also, I did speak to the store employee respectfully - I'm not ignornat like that! The funnisest thing is that they still tried to flog me some extended gurantee cover! Unbelievable!

It now transpires that HR never actually issued an offer when the old one expired but instead created one, following my requesting a copy.

They have not answered my demand to know why they did not issue the offer when the old one expired.

It would be useful if you provided actual timescales as your question seems to involve 2 TUPE transfers, which are the most tricky part of employment law.

Not too keen to give dates (u never know who's watching).

Do you have anything you can rely on, emails, handwritten scribble, anything that says the amount?

 

Can you speak to your line manager?

I have copies of others details and my previous offers but nothing realting to this one. I have spoken to my line manager but it seems to rest with HR.

The company I worked for was ‘merged’ with another company and as a result a lot of people were notified that their positions were redundant.

Shortly before the end of the notice period I was made an offer to stay on for a set period of time and in return I would receive a bonus (I also would continue to continue to receive all benefits inc holiday etc). I accepted this.

At the end of the extension I was made a further offer to stay with the business until another set date, and again a bonus was offered (I also would continue to continue to receive all benefits inc holiday etc). I accepted this.

During this 2nd retained period, the company then ‘merged’ with another company and set about another realignment process, during which more people were advised they would be made redundant.

Towards the end of my then 2nd retained period I was advised that there may be a permanent role for me, but it could not be confirmed until the current alignment had be finalised. As my retained period ended before any permanent position able to be offered, I was advised I would be offered a further extension and bonus.

With the proposition of a permanent role on the horizon I continued to work as required. Recent discussions and talks surrounding a permanent position have made me realise that the expectations I have of salary etc may not be reached and so although I feel let down by this, I have decided to weigh up my options.

Upon going to review the terms of my current extension I realised I did not have copy! Then upon further investigation, I realised I had never been issued with one at the time my previous offer ended.

I requested HR to provide me with a copy of the current extension package only to discover a) one had not been on my file b) the amount of bonus offered was below that of what I had previously been given and not what I had understood I would receive.

I have asked HR to explain why the current details were not given to me until now (and only upon my request) and also why the bonus offered is not what I understood it would be.

What can I do in this situation – I’m not trying to ‘make the most’ of this situation, I want to just receive what I expected to (and in line with others who are bonuses too)?

I had feared as much

The only way you can get them to return it is out of goodwill - unless of course you can show that there was some sort of sale by description element to the purchase - ie if they claimed something at sale (a salesman or a display) that wasn't true.

 

If the item is not faulty then you're down to the store's return policy to accept a return. It's down to them. Though personally I think it keeps the customer happy to accept returns within a reasonable (eg 28 days) time.

When I took the TV back I had a debate (firm but fair) with a senior employee that the feeds in the store on the display TV's are not the same as that I have at home. As such I felt 'tricked' that I purchased the TV on the belief that I would be receive the same picture quality. The response that eventually came was that I should 'buy better connectors', 'get Sky to come out and check my feed'. Stupidly I did actually buy a better scart cable yesterday but no improvement!

When I purchased the TV no one asked me if it was suitbale for my needs, not that I would nnecessarily expect them to but the store advisor also suggested I should have checked this myself.

Rather than lug it back to the store, is there another avenue that would be worth persuing? All I want is a refund so I can get another TV.

Hi

I have PM'd you the ones I used.Good Luck.

Kev

Could u send me a copy please?

Ta

"...The product has not been used or installed..."

Trouble there is that I did install the TV.

Four days ago I went into my local Curry's store and after having a look around I bought an LCD TV on HP.

Once I got the TV I set it up in my living room but was really disappointed with the quality of the picture. I tried changing settings but I just wasn't happy with the purchase.

I called Curry's customer line and explained the situation and asked if they would take it back - the lady who I spoke to called the store and advised if the TV is not damaged then they can take it back.

I boxed everything back up exactly as it came and took the TV to the store. While there it was placed on a display stand and I pointed out to an employee the picture problems I was having and after much debate, he concluded that the TV was performing as it should and therefore the store would not accept the TV back, dispite my clear unhappiness with the product I had purchased.

My question is "am I entitled to return the TV if I beleive that they it is not what I expected it to be"?

I purchased a TV last year from Ebuyer using Edgecard and there Able2Buy scheme.

The TV was returned to Ebuyer recently due to a suspected fault, to which Ebuyer confirmed the goods were faulty. As the TV was no longer in stock or not supplied any more, Ebuyer initiated a refund which they advised would go to the Edgecard - thus paying off the balance and setting the amount of finiance outstanding to zero.

I called Ebuyer three working days after I received notifcation that the refund would be actioned as I could not see a refund entry on my 'ledger' with them. Ebuyer advised me that refund to Edagecard has not been processed, the reason given to me was that Ebuyer stated 'Edgecard are in administration, and as such, the refund cannot be paid to them'.

I was concerned to understand how this affected me as there was a balance owing to Edgecard (due to be paid by 9/2/08 under a buy now pay later scheme) for which I beleive I should not pay as I am no longer in receipt of the goods and that there is a refund waiting to be paid.

I contacted Edgecard who were adament they were not in adminsitration and that what Ebuyer had said was 'an untruth'. Subsequently I called Ebuyer again this morning, who confirmed to me again that Edge are in administration.

I am very confused as to what happens next? Help...?

were all of the charges you claimed for, within the 6 year window when you first made your claim for the charges to be refunded?

Has anyone succesfully claimed charges over 6yrs old with the Nationwide?

Part of the charges in my claim exceed the 6yr rule and it looks like the claim will go to a hearing. The nationwide have partially paid the claim but are advising they are not paying the remainder.

I wanted to see if they have paid for charges over 6yrs in the past so I could see how likey I was to be succesful.

This post has been deleted.

We do not condone fraud in any form on this site.

Rooster-UK.

After all that, the court say they never received my substituted POC and as a result, struck out my claim, despite me calling them to confirm if they received it and them telling me they had....

I resbmitted the POC using a form they sent me and had to pay an additional £65 for the pleaseure. This time though I delivered it by hand!

Now I await the hearing date. Does anyone know if it is likely they will show up at hearing or settle the remainder in full before any date set?

It has been a while since I sent of the revised POC to the courts and also NAtionwide - I feared my claim had been stayed....

After calling the court last week to query the progress they advised that they would pick the case file up and progress it as it appears to have just been left...

Hopefully a judge will now review the file and set a court date...let's see if Nationwide cough up the rest of my claim after that!

whoops just saw I used -AND- on them it was an overshoot from a multiple party form I did so -AND- should be -V-

oh yes, I see. Thanks

Supurb - most helpful and greatly appreciated.

Keep up the great work!

I would get few other view points first. This is the first time I've seen this order, I think it would be worth seeing what others think.

OK, I'll hang fire before sending it but will get the papers ready in the mean time. I've completed the substituted particulars of claim (thansk for the template) and have also completed the covering letter (again thanks for the info). I am confused however about the N215 Cert of Service...am I to complete this form to show that I have sent a copy of my substituted POC to the defendant?

Thanks HSBCrusher & Zooman - very helpful!

I'll do as suggested and send service letter along with copy of N1 and completed N215.

I'll post an update once heard back - thanks again