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    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
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parking ticket query??


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I had a parking ticket in December of 2006 and it has gone to a bailiff company. Anyway I asked for a copy of my ticket and they sent me a photocopy form they're computer. I was wondering if someone could give me some advice as I dont know how to post a picture of the ticket on here.. Any way does the ticket have to have the parking attendants signiture on it as this ticket doesn't also what else does it have ti show??? I will type a copy of the letter to show you-

________________________________________

Section 66 and Schedule 6

PCN Number:SD40817959

 

Date of issue: 14/12/2006 Time: 14.22

 

Vehicle Registration: (i'll leave this off but its on the ticket)

Make: Vauxhall

 

Seen on 14/12/2006

In W.Brom Bull St. Multi Storey CP, Zone C

by Parking Attendant: SD191

Signature: (no signature here)

 

Who had reason to believe that the following

parking contravention had occured:

Parked after the expiry of time paid for in a pay

and display car park

 

 

Code 82

 

 

You are therefore required to pay a penalty charge

of £60.00 within 28 days.

A discounted payment of £30.00 will be accepted in

full and final settlement if recieved within

14 days

 

See the information overleaf on how to pay or

challenge the issue of this notice.

 

 

 

 

Notice NO: SD40817959 Veh. Reg (it is there)

Date: 14/12/2006 Time: 14:22

 

Please detach this slip, complete the details on

the reverse, and return it with your payment, to

the address shown overleaf.

(bar code here)

______________________________________

any way this is the copy they sent me is there anything to make it unenforcable????

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Section 66 of what? is my first question

 

was it issued by the local authority?

 

if it was issued by the local authority and the PCN says "YOU are required to pay a penalty charge" then it may be wrong

 

in my humble opinion the RTA 1991 provides that it is the Registered keeper who is liable for PCN's not the driver

 

By making reference to 'you' they are are creating a potential for prejudice as the 'you' may or may not be the registered keeper when the PCN is served by attaching it to the vehicle or handing it to the driver. It could well be that drivers may have paid PCNs after being misled by such wording when legally it was not their responsibility.

 

 

im sure that someone else more knowledgable than me will be along shortly to offer some more advice on this

 

regards

 

paul

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Hi, further to my last post....

 

this may be helpful to you,

 

its from neil herrons website

 

 

"Just been on Look North and BBC Radio Humber tonight as the Council's DPE regime gets thrown unceremoniously into the spotlight.

 

On Thursday Philip Nixon is going head to head with the Council over their Penalty Charge Notices at an NPAS hearing.

 

A recent case in Camden ruled that their PCNs were non-compliant and misrepresented the correct legal position by stating 'You are required to pay ..."

 

Hull Council has the same wording on its PCNs and I have a case pending against Bristol on the same point.

 

The full legal arguments will be posted shortly on www.parkingappeals.co.uk but meanwhile the implications for Councils across the country will be that they will suffer another 'Moses Moment'

 

... where the High Court ruled last year that their PCNs were non-compliant on the two date issue.

 

Most councils corrected the error but could not pursue non-compliant PCNs.

 

If the adjudicator rules in Mr. Nixon's favour then Hull will be forced to change the PCNs and will not be able to pursue those that do not comply.

 

The £multi-million question however is that if you have paid are you entitled to a refund. Our legal opinion confirms that you are and we are preparing the legal argument to that effect which will be released on the site within a month."

 

 

 

 

it seems to clarify my point.....

 

regards

paul

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Regardless of the "You" issue, the details regarding payment deadlines is wrong.

 

You are therefore required to pay a penalty charge

of £60.00 within 28 days. A discounted payment of £30.00 will be accepted in

full and final settlement if recieved within 14 days

 

These are required to say "...within 28 days of the date of issue of this notice" and "...within 14 days of the date of issue of this notice"

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so can I challenge the ticket is it enforcable... I'd also like to say that wouldn't the officer who put the ticket on surely have to sign it to validate it??? Also yes it was a local authority ticket sandwell MBC

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So is there a template letter on here that I can send to the parking office as i wouldn't know what to write to them????. Also is it the parking enforcement office I would deal with or the Highways department as they're the ones trying to get the money off me ???

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Why would the PAs signature be on a copy of the ticket that came off a computer? The signed copy was probably stuck on your car windscreen.

 

 

the woman at the highways department said it was a photocopy of the ticket copied over to the pc thats why I asked that...you always try and belittle people dont ya(i've seen some of your other replies)??? :mad: :mad: :mad:

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Wait until you get the Notice to Owner and then appeal on the grounds "that the amount exceeds....."

 

 

 

Pat I think i've gone way past that stage i've already had the bailiffs at my door over this ticket... I was told on the bailiffs section to check the ticket issued...

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the woman at the highways department said it was a photocopy of the ticket copied over to the pc thats why I asked that...you always try and belittle people dont ya(i've seen some of your other replies)??? :mad: :mad: :mad:

 

 

Hi leetwin,

 

ive gotta agree with you on this, i have seen many sarcastic and belittling posts from this character and in my own personal opinion it would be better if Green & Mean said nothing ,unless it was constructive and helpful

 

regards

 

paul

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I think I so I recieved quite a few letters off the parking dept when I first had the ticket but was having major problems with the tax credits dept at the time and living on £60 a week with 4 kids so to be fair it was the last thing on my mind... So all the letters were ignored then the bailiffs turned up at my door last week so I posted in the bailiff's sub-forum and they told me to get a copy of the ticket to see if it was valid

regards

Lee

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