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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Another classic from FoS


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1st paragraph is priceless from the bold Merrick

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/64/64.htm

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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And I have just sent to them:

 

Good Morning Sir/Madam

 

I have a question regarding a post on your website:

 

issue 64 - September/October 2007

 

and the first paragraph, which is in regards to the following 1st paragraph Quote:

 

"I have often remarked on how well the ombudsman model has stood the test of time – largely unchanged since 1981 when the Insurance Ombudsman was first established as a voluntary scheme.

 

a] "how well" - This is according to who? What independent survey was taken to back up this claim? When did this take place? Done by Who? Where is the data to support this claim? I have never seen a indendent survey asking the straight question were you happy about the way that the FoS questioned the Banks about their behaviour?

 

b] "largely unchanged" - society/business models and especially laws have changed in that time but the rules which govern how the FoS have not - is that not something that should be worrying the considering the fact that the services offered by the banks which the FoS is supposed to reguilate have has also changed?

 

c] The fact that the service is funded by the same people that it is investigating opens up all sorts of questions about impartiality I don't need to go into especially considering the current waiver the FoS have given the banks in the OFT peanalty charge case, which no doubt would raise another set of questions concerning FoS role as the Ombudsmun considering a large number of people are no doubt suffering as a direct resiult of the Actions of the Banks.

 

I look forward to your reply

 

Yours scincerly

 

It will be interesting to see what they reply with

 

Gazza01

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Nice one Gazzo - lets see if they reply

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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smutley

 

I think it'll go something like this mate...

 

Due to the overarching business concerns we are now experiencing from the unforunate events vis a vis Northern Rock, where we gave a full and excellent service, we are realligning our service model to more closely match the market as we see it heading towards, with the reduction of the banking sector by 1 bank due to Northern Rock going Bust or being taken over, we feel this is the time to re-adjust our staffing numbers to reflect what we see will be a reduction in future of complaints about the banking sector as we are doing such a fine job....

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Hi,

 

Tifo just saw your post - I was joking!!! How wrong can I be? I think I will cut down on my jokes as they have a bad habit of turning out to be true...

 

Now we move onto the comedy aspect of my previous post...

 

The Reply:

 

Dear Mr Gazza01

 

Thank you for your email. It was unclear who your email was intended for

and it has been passed to me, as I work in the communications department

at the Financial Ombudsman Service. I hope the following information is

useful to you:

 

By writing about 'how well the ombudsman model has stood the test of

time' Walter Merricks was referring to the fact that the nature of the

service and our core aims and values have not changed from the time that

the first financial ombudsman scheme, The Insurance Ombudsman Bureau,

was set up in 1982. We are still a free service for consumers, we are

impartial and resolve disputes by considering what is 'fair and

reasonable' in the individual circumstances of a case.

 

As you point out, obviously some things do change: new areas of

complaint come up, while others subside; the law and what constitutes

good industry practice evolves; our service has grown and we are always

looking at ways to further enhance the service we provide.

 

Finally, to reassure you on a couple of the points you raised in your

email:

- we carry out regular customer satisfaction surveys

- and our funding structure was consulted on with a number of consumer

organisations. It was thought that the financial services should pay for

the organisation - rather than passing the costs on to the consumer or

the tax payer. Additionally, financial businesses have to pay our

case-fee, regardless of the outcome of a case.

 

I hope this is helpful to you.

 

Kind regards

 

End Reply.

 

My own thoughts are that this is a prize example of C%$p, or if it had been on paper, toilet paper.

 

1st para summary: Who can you send it too if there is no named complaints address? As for it being useful...

 

2nd Para summary: core aims & value is to screw over the custom,mer on the sides of the bank more like... Who cares when it was set up, has it changed to meet the changing market? Nope it hasn't. Impartial? where? When did this sudden event take place? 'fair and reasonable' should account for a persons treatment & their circumstances which I have seen no sign of.

 

para 3 summary: I notice the reply does not list/layout/explain how the service they provide has changed. Strange that. I'll make no comment on the last sentance.

 

para 4 summary: Notice no detailing of the surveys of who carried them out & how independent they were and whether people were happy about the actual questions they put to the bank. Funding question is also unclear as does not list who was consulted so who is being talked about? I wonder coud it be the banks by some chance?

 

Well on a dull day it brought a smile..... sorry I have to correct that last sentance, it brought an ironic smile to my face as I am sure it will to yours.

 

Enjoy

 

Laters

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Tifo just saw your post - I was joking!!! How wrong can I be? I think I will cut down on my jokes as they have a bad habit of turning out to be true...

 

I wasn't commenting on your 'joke' as i saw the pure sarcasm in that post :)

 

It was the link which i said is not a surprise as they all seem to be sitting about scratching their asses :mad:

 

I have about 5 credit cards claims with the FOS which are 'close' to being settled, if only they'd get their fingers out. They've given the banks far too much time to respond (2 months at a time) and it's very frustrating as i cannot do anything about it. The FOS seem reluctant to take matters further other than allowing the banks time to respond, and it shouldn't take a bank 2 months to send a measly offer, then another 2 months to increase this. Yet it's happening. Every time i call and ask them to escalate the case, i'm told "we did state it can take 6-9 months to resolve a case, so sit tight".

 

I want to settle ASAP as obviously it would be a pity if suddenly they stopped looking at these as well and i lose out purely because of the banks delaying tactics and the FOS letting them do this, as i have lost on some personal and business claims before for the same reasons.

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