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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Castlebest in stays


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yes best of luck from me too.

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

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offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Gary and Alan have revised the stay removal application N244 part C statement adding the defendants notorious conduct section since I applied to have my stay removed.

 

Is it better to stick with what I have submitted on my N244 request or can I add the defendants notorious conduct section into my skeleton argument for my hearing?

 

pete

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Well I arrived half an hour early and they checked me in on their list, I saw that the HSBC barrister had already signed in, she came and found me after about 10 minutes and gave me her skeleton argument which contained the normal twaddle (but 13 pages of it lol) and a copy of Heynes v HSBC (note she had sent this to the court but not to me :rolleyes:) so I gave her my bundle which she started to furiously make notes about (oh dear I sent it to the court but not to her :grin:).

 

There was a 6 day case in progress in our court room but the Judge had adjourned it to hear our cases (oops barristers everywhere twiddling their thumbs)

 

We went into court (full courtroom) there were 3 other cases 2 Lloyds and one Abbey, Lloyds had sent a barrister Abbey hadn't and one of the Lloyds claimants was a no show. The Judge decided to hear the claimants in turn and then the barristers in turn so I went up first :grin:

 

I said as stated in my submissions I would like the stay removed but, baring in mind by the time my case got listed for hearing it would probably be the end of December early January anyway so I wouldn't be too upset if the stay remained. However I told the Judge I was very concerned that the bank was at liberty to continue with their regime of charges and threats of collection and default notices, (the further directions to accompany the stay are included in my stay appeal) and I also drew his attention to the Carlisle v Clydesdale judgment which I had included in my bundle.

 

The Lloyds Barrister asked for the appeal to be struck out for the person who didn't turn up and had managed to get the other Lloyds claimant to withdraw his appeal and the Abbey claimant basically just asked for the stay to be lifted, don't think either of them were very well informed or prepared, they didn't even know when the test case was due to be heard.

 

Next up was HSBC's barrister who said all of her reasons for opposing the lifting of the stay were in her skeleton argument and she also opposed any further directions being placed on the bank, she also stated that none were imposed in the Carlisle v Clydesdale judgment to which I added the Judge in that case has said if any measures are taken by the bank against the claimant the stay will be lifted and the case will go to hearing :-) she shut up then :grin:.

 

The Judge asked if any costs were involved the Lloyds barrister said none but my barrister said she was very upset I had changed my submission (heart skipped a beat here, I hadn't !! :shock: I just beat her at her own game of giving information late lol) but would not be asking for costs (phew)

I think she was upset because I didn't actually argue for the stay to be lifted but had a very strong case for controls to be put on the bank.

 

The judge said he had to consider what we had all said and he was reserving judgment, we should all hear in 2 to 3 weeks time.

 

So I had fun in court and I don't think the Judge was opposed to what I had said but we shall see.

 

pete

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Quick question Zoot, I've had about £300 in charges since I submitted my claim to court do you think it would be better to do another claim for the new charges or alter the stayed claim I have to include the new charges?

 

pete

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If you do it by amending your claim you need to get the bank to consent and pay the £35 fee (non refundable) you may need to get the application in before you hear about the stay as the court may refuse an application during the stay.

 

Alternatively make a new claim. You can claim back the court fee. Your claim may get merged with the present one and stayed.

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  • 1 month later...

Well I have had my Notice of Handing Down Judgment. Stay remains and no conditions imposed on the Bank :(.

 

The actual Handing Down of Judgment takes place on the 3rd December at 10am. if I attend would I get a chance to ask questions?

 

pete

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If its simply the handing down of judgment then the matter has already been decided so attending is unlikely to affect anything. You could ask questions if you wished but this won't affect the decision. Sorry its not the best result but at this stage the courts are being really stubborn.:mad:

 

All the best

 

Zoot

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