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  1. Hi guys. I’m So glad I read this. Long story short, I’m going back to the shell garage this morning to video myself attempting to make payment of £10 , yes 10 of your finest pounds Stirling to which I assume I will get a knock back. But out of principle , I cannot role over and pay a £6 so called admin fee. I’ve not contracted with them right ? I didn’t see the 8” x 6” signage above the pump as much as they didn’t see the signage on my dashboard with my terms and conditions and hourly fee for my time spent /wasted , and it’s a fair distance from £6 I can tell ya. !! There was no signage on the cash machine stating that the 6 option buttons to the left and right of the screen were not responding, resulting in no options available. Grrrrrrrrr. So I Couldn’t get the big £10 note out. Incidentally for my motability scheme car whilst on way to hospital for my chemo for multiple myeloma an incurable blood cancer which in my case , at 47 years old , it’s a poor prognosis...... ( facts ) The cash machine let me down and I head straight into the kiosk to explain to the guys that I will have to drive to another cash machine to get some dollars out, here is my driving license if you wanna keep hold of that so you know I’m coming back. Simples. Now anyone with half a brain and a rough idea of the most basic mathematics , would assume if I can only afford a tenner for fuel then I’m unlikely to be in a position to replace a driving license at what? £80 I’m guessing? the guy tried shoving an iPad in my hand and told me I’m to fill out the blanks. No chance without my readers and the chemo induced peripheral neuropathy in both shaky hands. So I gave my details like a respectable citizen and he filled it out for...... .........well not....for me. Even took a happy snap of my mug , car , driving license and receipts for £10 fuel ( which says “”letter of intent” instead of paid ) and I thought well I’ll leave it at that and take it up with fce and off I went. So I’ve not signed anything , I’ve not committed theft and as far as I can make out from the comments on here that by my entering the forecourt and dispensing fuel I’ve contracted with Shell ? Right ? So for Shell to uphold their commitment to our contract they are required to accept payment?? I’ll update my progress later today and possibly video footage As if they are getting a penny. I’m registered severely disabled with a motability scheme car and blue badge etc. Would this have leverage if i use my cancer card. It’s not often I do but in December last year my prognosis was months not years. Max 12 but unlikely. Again the maths is a simple one. I won’t be seeing Christmas according to an independent medical expert witness for my nhs-r compensation. ( lnwh admited liability, causation and breach of duty of care, causing 14 fractured vertebrae, 2 collapsed vertebrae, fractured sternum, plasmacytoma in my skull, loss of sensation in left arm and sever nerve pain and the significant progression of the disease throughout the visualised marrow in the 9 months delayed diagnosis from a previous mri Scan where the radiologist reported prolapsed disk ( which I didn’t have ) and the Myeloma is clearly visible throughout
  2. I'm O2 pay monthly and have just been charged £3 for a service called "watch it". I did not subscribe to any such service. O2 say it's nothing to do with them and have told me to call 3308085223 which is a number in France and supposedly the contact number for the company that runs the service. I googled the number and found the following: Terms of use - Watch It - Watch Your Replay and Programs Online https://www.watch-it.tv/gb/terms e-mail, [email protected]. mail, ALCHIMIE Service Client BP 60270 AUBERVILLIERS 93534 LA PLAINE SAINT DENIS CEDEX FRANCE. phone*, +44-3308085223. unsubscription Text Command, Send STOP by SMS to 62442 (message free of charge. unsubscription info, http://www.watch-it.tv/unsubscribe ... I'm worried about calling that number or sending any texts in case it's a [problem] and I get charged even more. Also I don't really want to confirm my number as a live number so they can send me more scams. O2 have reversed the charge this month but told me I might get charged again and it's down to me to call the company and stop the charges. Any thoughts on how to proceed?
  3. Hi I've ordered a leather apple watch strap from WSC - THE WATCH STRAP CO. The strap was faulty and I returned it back to them within a few days of receiving it and requested a refund. However they refuse a refund and only offer a replacement or a credit. They claim their terms of conditions clearly state that. I am pretty sure that I have a right to a full refund but I am not sure which is the applicable legislation. Is it the Consumer Rights Act or the Distance Selling Regulations? Where can I find the relevant sections? They also have a sticker on the straps that says that you can only return the item when the seal is not broken. I know this is valid for CDs, DVDs or software but I believe this is not applicable to watch straps. I spent an hour with them on the phone but they would not agree to a refund only stating their terms of conditions - which I think are void but I need the right paragraphs when I write a letter to them. Can anyone help me with the applicable legislation? How would you proceed? I am thinking of initially using resolver.co.uk
  4. I had been given a PCN by Park Watch / Defence Systems in June for wheels over the line in a parking bay - £50 going to £100 if appeal fails. I appealed to POPLA, it was rejected so £100 charge stood. I paid £100 in october but they referred my case to Debt Recovery plus because they said the payment was late. The charge is now £160!! Even though I've paid £100...don't understand. I've emailed them and spoken to them and they're just bullying me and threatenign court action. I can't sleep with worry but I've paid £100 after being threatened and now they want more!! Surely this is not right in the eyes of the law??? I've seen some other threads about court summons and wondered the outcomes.
  5. Hi All, I'm hoping that someone will be able to guide me through defending the following claim. I have taken a note of the subject information requirements before posting and I believe I've got them listed out correctly, here goes: Name of Claimant: Defence Systems Ltd T/A Park Watch Address for sending documents: Gladstones Solicitors Ltd Date of Issue: 15 June 2016 Timeline: 4 July 2016 (to acknowledge) + 14 Days (to submit defence) = 18 July 2016 Particulars of Claim: Date – 03/08/2015 – Description – Car Registration number/Parking charge notice Ref – Amount - £150.00 – Due Date – 31/08/2015 – Total Due - £150.00. And The Clamant Claims: The claimant claims the sum of £159.48 for parking charges and indemnity costs if applicable including £9.48 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 14/06/2016. Same rate to Judgement or (sooner) payment. Daily rate to judgement £0.03. Total debt and interest £159.48. Amount claimed = £159.48 Court Fee = £25.00 Legal Rep Costs = £50.00 Total Amount = £234.48 The description reference referred to in their claim relates to ‘stopping in a no stopping area’. I have been contacted by three companies so far regarding this matter. Park Watch (a division of Defence Systems Ltd the ‘Claimant’) on 10 August 2015 (this letter included a photo image of the car in the no stopping area although there is no time stamp displayed on it) and again on 7 September 2015. Then I was contacted by a company called Debt Recovery Plus Ltd on 21 October 2015, 05 November 2015, 20 November 2015, 22 January 2016 and 08 February 2016. Then Gladstones Solicitors wrote to me on 22 March 2016 and then their letter before claim on 06 May 2016. None of the above correspondence gave notice of assignment. However, I have acknowledged service and indicated that I intend to defend. On the day of the alleged offence I had stopped the car outside the front of One Stop Shopping Centre (Perry Barr, Birmingham) to allow my other half to use their toilet facilities. The Mrs is registered disabled and has a blue badge, which was displayed in the car as I waited. I believe I was waiting for about 10 minutes for the Mrs to return. I have since been back to One Stop Shopping Centre and taken a photo of the sign and without zooming in with the camera or photo graph software, the contracting part of the sign cannot be easily read. It was noted that the sign used by Defence Systems Ltd to contract with consumers is about two and a half meters off the ground on a lamp post and on the left of the road. The sign cannot be seen from the driving seat, if your vehicle is right hand drive as mine is. Therefore, I can state that I did not read the sign or knew of its contractual element at the time the car stopped in front of the shopping centre. The sign reads: Park Watch Access Notice Bus Access Only No Unauthorised Access at Any Time Contractual Agreement This Land is Private Property and is managed by Park Watch If you enter this area contravening the above terms and conditions You are contractually agreeing to pay a parking charge to the sum of £100.00 (or the reduced sum of £60.00 if the payment is made within 14 days) should the parking charge remain unpaid you will incur additional costs as a result of further action taken against you Vehicles will be captured on camera the details of the registered owner may be acquired from the DVLA the registered owner will then be notified by post of the issue of this parking charge do not enter this area unless you agree to the above contractual charges Creidt/debit card charges apply, parking control and enforcement action may take place at any time Park Watch and their client accept no responsibility for loss or damage to cars of the contents thereof unless such a loss or damage is caused by negligence of Park Watch. Park Watch is soley responsible for providing space maximisation and is not responsible in any way for the car parks service
  6. I've noticed this sign displayed in a few petrol stations recently, and would be interested in other member's views. Although I appreciate the problem of no-pay drive-aways, I don't think this is a proper or lawful way to address it. The purported 'contract' is badly written in a google-translate legal style, and in parts makes no sense at all. I dislike the hectoring tone, and the use of a Police image to imply official endorsement. And I don't think that the display of this notice creates a contract with effect or enforceability anyway. Firstly because there is no acceptance. I do not believe they can foist a contractual duty upon customers by simply displaying a sign. I could put a sign in my car window say "any fuel I buy will be priced at 1p per litre, please do not supply fuel if you do not accept these terms", but no court would uphold it. Secondly, the alleged parties to the alleged contract are not clearly stated (at the bottom of the notice there is a bizarre, rambling phrase which amounts to nothing). Who exactly am I contracting with here? They appear to imply that this is a separate contract to the retail purchase of fuel, but the terms are wholly unclear. And following from above, if this is separate to my purchase of fuel then there is no consideration involved. The author of the poster appears to dimly perceive that problem, and purports that the customer receives value by being granted various options for payment (astonishing nonsense). The end purpose of this exercise is that if one day I forget my wallet, or my credit card won't work in the POS terminal, they want me to pay a penalty. This has happened to me twice in nearly 40yrs of driving, and on both occasions I have left my name and address and returned later to pay the cost of the drawn fuel 'over the counter'. I have no intention of accepting any other arrangement, and I would not accept this process being foisted upon me. So that's my opinion, would be interested in what others think?
  7. Hi I bought a Garmin Vivoactive fitness watch for £189.99 17 months ago from a company on Ebay. The watch has now developed numerous faults and when I complained to Garmin directly, this is what they told me: Dear Paul, If you believe that your device is not fit for purpose this would relate to the Sales of Goods Act 1979 legislation or the Consumer Rights Act 2015, depending on when you purchased your device. This is a contract between yourself and the retailer where you purchased your device and it states that if goods aren’t able to carry out their normal functions for any reason, they are not fit for purpose. Due to Garmin being a manufacturer the Sales of Goods Act/ Consumer Rights Act 2015 applies between the buyer and the seller of the goods, this means that if you wish to pursue any further action in regards to this legislation then you will need to contact the retailer where you purchased your device. I sent this reply to the retailer (Handtec) and this is what they said in reply: Thank you for contacting us. I am sorry to know about this and at the time of purchase we advertised that it comes with manufacturer warranty and has 12-months warranty. We as a retailer cannot assist in this matter because the manufacturer warranty has expired and only Garmin can and should help you by either repairing it or replacing it at a reasonable price. Handtec Customer Care I would expect a watch for nearly £200 to last longer than 17 months. Can anyone tell me where I can go from here. Kind regards Paul
  8. I would be grateful for some advice from you guys regarding an on-going matter I have with a company called Park Watch. I was using the car park at the One Stop Shopping Centre in Perry Barr Birmingham and dropped someone off in an area which the company claimed was for busses only. They then wrote to me and issued me with a Parking Charge. I was going to pay it until I decided to Google the company and found that someone else (markavfc) had had the same experience and with your guys help had had the fine rescinded. Following his lead, I wrote to Park Watch saying that I would not be paying the fine along the following lines: With reference to your recent letter reference number ,,,,,,. As the keeper I will not be paying this so called charge as there is no contractual obligation and you have not complied with schedule 4 of the Protection of Freedoms Act 2012. I heard nothing from them for 3 weeks and then I received another letter claiming that I hadn't responded to their first. I think this was due to them changing addresses but with companies like that it might have just been another tactic. Therefore I responded again with the following: Dear Sir or Madam: Parking Charge Notice ..... I received a letter from you dated 28th June 2017 pertaining to the above matter. The address I was given to write back to you was given as: Park Watch, Payments Department Suite 12, The Shippon Church Road Dodleston Chester CH4 9NG I wrote back to this address on the 8th July accordingly. A copy of the letter is attached for your convenience. I received a letter dated 27th July indicating that the parking charge is overdue. However I did not receive a response to my original letter and I await one at your earliest convenience. Please note as stated originally, as the keeper I will not be paying this so called charge as there is no contractual obligation and you have not complied with schedule 4 of the Protection of Freedoms Act 2012. I have today received a very odd response from them which I will attach and would welcome your advice on how best to respond. I look forward to hearing from you
  9. Hi all. Just after some advice on this one for my brother as he's now in disneyland in florida for 3 weeks with his family. He parked at broughton park in north east wales while he went for a meal with his partner and child at frankie and bennys. The only bays available that were anywhere close to the restaurant were either disabled bays or bays right across the other side of the park near macdonalds or near specsavers. Not really the kind of walk you want to do when its raining hard and you have a 7 year old tired kid in tow. he chose to park in a disabled bay as it was the most logical place. Bear in mind, he parked there at 7pm and every single one of the 2 rows of disabled bays were empty . The rest of the park was full. He left the restaurant at around 9pm to find out he had a PCN issued at 8.33. By this time, the park would have been pretty empty as people would have left the restuarants and shops there. The only people around would be late night eaters and cinema goers. Google maps shows the park at 53.167590, -2.975015 He parked in the bays to the right side of prezzo. He wants to know how he can get rid of this PCN i thought i'd ask you guys for him. I know a fair bit about PCN's, but i don't want to make a mistake for him. Also, regarding signage, if you look where the red barriers are on the empty car park by prezzo, thats the signage thats there now. Theyre sporadic around the park, but thats the only signage around. I can get signage if needed. PCN and NTK are below: And: 1 Date of the infringement - 25 Aug 17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 25th Sept 17 3 Date received 27th Sept 17 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes 5 Is there any photographic evidence of the event? No 6 Have you appealed? {y/n?] post up you appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? Park Watch 8. Where exactly [carpark name and town] Broughton Retail park 1.pdf 2.pdf 3.pdf 4.pdf
  10. the biggest CME storm in 45yrs is going off you should easily be able to photograph the northern lights anywhere in the UK if you look north ish around the plough star formation its going off all night as far down as cornwall. remember long exposure +30secs focus set to infinite and auto focus set off the further north you are the more chance of it to the naked eye too.
  11. Hi all. First time poster on here. I received the attached the attached parking charge notice a couple of days ago. It is from a company called park watch and states I entered a no access area on private land and provides photographic evidence showing this. I cannot dispute that I did this. The location was One Stop Shopping Centre in Perry Barr, Birmingham. My question is would I have any grounds of appeal? Any information/advice much appreciated. Many thanks Mark
  12. Hey Guys Thank you for having me on your forum, Been very incredibly stupid this evening on the way home from worOn my way home this evening from work I decided to go through the country roads. I was going though a smallish village, and just before exiting the village there were 3 guys in high viz with a speed gun pointing at me (not Police). Hands up far cop I was going over the speed limit as the guy holding the gun had a shocked look on his face. The road was a 30, and to be honest I just wasn't thinking. Saw the national speed up ahead and saw the guys too late (again no excuse) I could have been doing between 55-60 I honestly don't know. My fear is now what is likely to happen? Given that I was driving in excess of the limit, and probably over 50. Given the twists in the road there is no way I was over 60 (not that it makes it ok). What are the chances of them having a PCSO with them? We are talking a very small village here. All I could see was high vis jackets, no uniformed officers. I even drove back a little while later (not speeding this time) and there was 3 people in high vis, no officer as I could see. Absolutely gutted and panicking, so if someone can please help me out it would be much appreciated. All in all a bit of a bad day., and a foolish error
  13. Nationwide allow customers to utilise their accounts above arranged overdrafts or even if there is no overdraft. Would be helpful if customers were not charged for this but you will be. It's what they call a buffer and help if needed. Each transaction will cost you £15. I know someone who made a cash withdrawal for £70, and two small shop transactions less than £10 each. They are going to be charged £15 for each of these transactions. They did not ask for this service and would have preferred the system didn't allow the transactions. They could have used another account but used this particular card thinking there was more money available. Rant to you NW bank charges just keep finding their way into your life.
  14. I bought my son an Armani watch for his 18th birthday last November. Within a few weeks it was not keeping correct time. I emailed the company who said I couldn't get a refund as it was longer than 14 days since I received it. I sent it off to be repaired. After a few weeks it returned only to go wrong again. I sent it back waited a couple of weeks emailed and got it back. Again, after a few days my son noticed the hours hand was not on the correct position particularly obvious on the hour. I contacted them and again sent it back. It came back yesterday and the hand is still not correct. This time I have included some photos to illustrate my point and asked for a refund as I feel this has gone on long enough. At each stage from purchase to now I have had to email them asking where the watch was. I've been told I would be contacted within 24/48 hours and then waited 2 weeks with no contact. I need to know what my rights are and I hope somebody here can help!
  15. Hi all, hope you can shed some light on this issue I am facing currently, 2 months ago I bought a second hand car from a local car dealer, I did a HPI check prior and it showed outstanding finance on the car I rang up both the car dealer and HPI to query it and I was told by both that it is a 'unit stocking' finance and it is commonly used by most car dealers to stock up cars on their forecourt and the finance would be paid off automatically within 2-3 days of purchase I went ahead and bought the car for above the average price due to it being in pristine condition with low miles etc.. I only realized recently that I still hadn't received the new V5 logbook in my name tried to ring the car dealer to see if they had forgotten to send of the old V5 to DVLA. After trying numerous times to get hold them I had no luck, they wouldn't answer their phones or no replies for emails etc, tried to go on their website and it was down too! I got very suspicious and did another HPI check on the car to my shock the vehicle Registration was showing 'at risk' on the security watch register! however it was not showing outstanding finance. I rang HPI and was told the security register was made by the financial company for whatever reason and gave me their contact number. I still haven't contacted them because I am seriously worried they could repossess the car. My question to you guys are should I mention about the HPI check I did prior to purchase or am I better off not mentioning it? my worry is they could say to me why did I buy the car if I knew there was outstanding finance on it? will the 'innocent consumer' rights be thrown out? if the 'unit stocking' finance on the car is still outstanding will the finance company chase after the purchaser or the car dealer? and what happens of the car dealer had gone bust? The car dealer at the time had many cars advertised on autotrader and even more on their website there was no reason for me to believe about their credibility or reputation. I have the receipt of purchase and the payment was made with a Visa debit card. If you guys could please advise me the best option I should proceed with I would be very grateful! Kind regards Ri.
  16. This is why we say 'size doesn't matter' and to take on these companies no matter how big they are and how much above the law they think they are. A man from Ceredigion has successfully sued Apple after his watch broke - forcing the company to change its product description. Gareth Cross, 32, from Aberystwyth, paid £339 last July for his Apple Watch Sport, but spotted a crack in the glass face 10 days later. The technology giant said work to fix the watch was not covered by warranty, despite its official claim it was scratch-resistant. Apple has been asked to comment. Mr Cross took the company to the small claims court in Aberystwyth for breach of the Sale of Goods Act, and has won the case after a six-month fight. More
  17. Once again email users are being warned to be wary of unsolicited attachments arriving in their inboxes after online criminals spammed out a malware campaign designed to infect recipients' computers. Do not open email attachments unless they are expected and from a company you have done business with.
  18. Action Fraud has received a number of reports where people have been defrauded by criminals claiming to be “Action Fraud Litigation Services” who they say work with Action Fraud and the City of London Police. How the [problem] works The fraudster phones their victim and tells them that they are phoning from the “Action Fraud Litigation Services team”. They say that they are legal prosecutors who will be able to help the victim recover the money that they have lost in a previous fraud. They tell the victim that in order to recover the money that they have lost, the legal prosecutors will need to represent them and that there will be an advance fee which they will need to pay immediately. They normally say that this fee will be £239, but the price can vary. Once the victim has made their payment, normally over the phone, they are not longer able to make contact, even when they try and call back the number which they received the call on. Please be aware that Action Fraud would never ask victims to part with money over the phone or via email and "Action Fraud Litigation Services" is not a legitimate organisation. http://www.actionfraud.police.uk/news/alert-watch-out-for-fraudsters-purporting-to-be-from-action-fraud-litigation-services-oct15
  19. Hi I bought my wife a watch as a gift a few years ago. This is a premium product from a well known designer brand and cost a few hundred quid. The design of the clasp utilises a metal leaf spring so continuously opening and closing this (Normal use) weakens the clasp until it snaps rendering the watch unwearable. As it normally snaps within the guarantee of the the previous repair we have been accepting free repairs over the past few years. We were told that as the watch is now discontinued they won't be able to repair it going forward. It was a gift and has sentimental value so always intended to maintain it. The watch is 8 years old. Where do I stand. Should the vendor / manufacturer offer a discount / credit note on a new product?
  20. BBC Money box reported today that those who have completed an IVA and have received a completion certificate may encounter issues when applying for PPI reclaims. http://www.bbc.co.uk/programmes/b05pbwjt 16:19 onwards.
  21. Hi, My watch went missing off my wrist when I was out in Nov 2013. (Don't know if it fell off or was pinched). I logged a report on reportmyloss as Merseyside police no longer log items such as watches unless specific criteria met. I have regularly checked ebay to see if it would appear. This week I finally found it & won the bid! The watch is definitely mine as it has a unique ID that matches the paperwork I have. I have asked the seller how they ended up with the watch & they say they bought it off someone they used to work with. I have explained that I have proof of purchase etc, but they have offered no refund. Do I have anywhere to stand in trying to claim back the money I have paid for my own watch? Many Thanks, Danny.
  22. Increase in older drivers losing their licence on health grounds 3 hours ago An increasing number of people over the age of 70 are being stopped from driving for medical reasons. In the last year, the figure rose by a third to nearly 13,000. http://www.bbc.co.uk/news/uk-31617865
  23. Hi folks, I've been prompted to look for answers regarding a situation that happened today. Basically I took my watch in to a Timpson shop and asked if they could install a new battery, they said yes it'll be 15 mins and gave me a ticket. I returned to collect my watch only to be told they couldn't replace the battery as they couldn't get the backing of my watch. That was fine but when I looked at the watch they had damaged the bezel and the face quite badly (deep gauging) and also scratched the backing. This is a watch I've had for around 18 months and it didn't have a single mark on it before they touched it. The watch also has sentimental value. I immediately pointed out the damage and in fairness they accepted responsibility without any argument and agreed to pay for a new watch. They kept the damaged watch in order of finding the replacement but within an hour of leaving the shop I sourced the model from a nearby jewellers and so I called Timpson to let them know where they could get it. They requested I go to purchase it and they will reimburse me the cash when I take in the receipt for proof of purchase. What I want to know however is, do I have the right to request my original watch back when I go in to be reimbursed ,even though they are replacing it, or do they keep it now that they paid for the replacement. Any help and advice on this would be appreciated. Thanks.
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