Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      What a disgraceful shirking of responsibility.  Par for the course though I'm afraid with Iceland. You could get nasty and send them a version of the below (you know the local area so change what needs to be changed). Unfortunately the people who are replying are having to comply with the company policy which is being foisted on them - which is not to cancel tickets. But you might as well send the mail and try.   Dear Cissy, thank you for today's mail. Of course you are "able" to cancel the charge, you simply contact Excel and tell them to cancel the charge. I will wait for exactly 24 hours and then contact the local newspaper XXXXX and the local radio station XXXXX about Iceland's disgraceful disability discrimination.  Nothing much happens in Gravesend so I'm sure both will be happy to do a piece which will generate terrible publicity for your store and drive away customers, which is exactly what you deserve. Yours, XXXXX 
    • BankFodder
      Breach of Wholesale Contract

      By BankFodder · Posted

      You are absolutely right to be cautious. It would be helpful if you will be prepared to send me a private message containing details of the outlet and the address et cetera. It might help me to get things more into perspective. So I understand that you had a business selling your husband's photographs. You were unable to continue your direct involvement and so you made an arrangement with a manager who you trusted to carry on the business for you while you were recovering elsewhere in the country. Is this correct? This manager has possession of all the files of your husband's photographs. Is this correct? Do you have any copies of the files? You made a reference to having a Co-op. Does that mean that you are running a Co-op supermarket or groceries outlet? I don't quite understand here. In terms of the possibility of continuing the arrangement with this manager – my own view is that you need to bring the arrangement to an end and I don't see how you could trust them. As far as I can see you are asking about two issues. Making sure that the files in the manager's position are destroyed so that you regain control of the photographs. Obtaining some damages for the loss of revenue. How many photographs do you believe are in his possession? What you estimate is your loss of revenue so far – probably calculated on your average revenue over, say, the five years before you stop your involvement in the business? You are talking here not only about a breach of contract. You are talking also about breach of copyright and frankly you're also talking about theft. Additionally, if you begin the dispute with this person, I would say that they will probably leave immediately. Have you got somebody else to run the business or would that be the moment that the whole thing collapses? If it is the latter, then this is something else that you need to prepare – somebody to take over as seamlessly as possible   Also, do you know the address of this person – and do they own their own home or any other assets?  
    • jasowter
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By jasowter · Posted

      Just as i thought (from above post) : i just hope this is not the normal customer service that say they cant do anything and that you have to appeal to excel parking 🙄 this is the response my friend has received today - totally ignoring the subject which was: 'victim of disability discrimination on the part of your agents' does anyone have any ideas to reply with please?     Thank you for your response.   I would like to apologise for the error in the previous email; our CEO, Tarsem Dhaliwal had received your email and tasked ourselves in the Executive Resolution Team with looking into this.   We have raised this with our internal property department who have more information on parking charges and any appeals, we can see that you had appealed the PCN with excel which was rejected, you then appealed the PCN with IAS which was also rejected.   Because of this, we would not be able to cancel or refund the charge.    I understand this may not be the outcome you had hoped for, I am sorry for any inconvenience caused.   Kind regards, Cissy
    • NewsBot
      US inflation cools as interest rate decision looms

      By NewsBot · Posted

      Officials at the Federal Reserve are expected to hold off on any interest rate cuts this month.View the full article
    • Tasou
      Advice to appeal a speeding ticket

      By Tasou · Posted

      I appreciate any help on this. I got 2 different speeding tickets and I'm hoping I can get one of them canceled as it's for the exact same road, 2 days back to back. The limit was 40mph, but I honestly thought it was 50mph and so I was driving withing that limit... First time driving that road. No other points ever on my driving lisence if that matters. Any advice for the appeal please? DETAILS: AF57ONB 0013032393514620 - 209266 0013032398514320 - 748169

  • Recommended Topics

  • Our picks

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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

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

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

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

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking Charge Notice of £70 from ParkingEye

carlhorn
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6059 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

carlhorn

carlhorn

Posted
Posted

Dear all,

 

I recently parked in Aldi in Gillingham to visit a friend for the evening on 5th September 2007, I received a Parking Charge Notice today with date issued 11th October.

I was there for 4 hours when the maximum was 1hr 30mins obviously thinking in the evening no parking wardens would be around so I thought I would be ok, but as it turns out I got this PCN today.

Its £70 or £40 if I pay within 14 days.

The PCN looks very much like a police document well so it looks like its made to look like (if that makes sense).

They say they have photographic evidence of me entering and leaving at the times which I don't dispute.

Anyway, does anyone know of how I can get out of it, because I have heard from people before its not the same as a council or police notice.

I am not the registered keeper as my Dad owns the car, which he forwarded the PCN onto me.

 

Thanks,

Carl

Link to post
Share on other sites
carlhorn

carlhorn

Posted
  • Author
Posted

I understand it a little bit.

Basically I was thinking of getting the RK to write a letter saying that he wasn't the driver cause I was so he could not of entered the contract?

Its that ok?

Link to post
Share on other sites
Bernie_the_Bolt

Bernie_the_Bolt

Posted
Posted
I understand it a little bit.

Basically I was thinking of getting the RK to write a letter saying that he wasn't the driver cause I was so he could not of entered the contract?

Its that ok?

 

The RK should write back:

 

Dear Sirs,

 

Thank you for your correspondence.

 

This is a matter you need to take up with the driver of the vehicle.

 

Yours faithfully

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

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites
patdavies

patdavies

Posted
Posted

Not quite. The RK does not have to name you. The RK should send the following.

 

Dear Sir,

 

I am in receipt of your invoice number XXXXXXX.

 

I note that you have sent this to me as the registered keeper of the vehicle concerned.

 

However, any purported contract can only have been formed by the driver at the time - this was not me and I therefore suggest that you contact the driver.

 

I am not prepared to engage in any further communication with you. If you believe that I, as registered keeper am liable, then I suggest you proceed to Court without further delay - any such action will be strongly defended

 

Yours faithfully

 

etc.

Link to post
Share on other sites
Bernie_the_Bolt

Bernie_the_Bolt

Posted
Posted
Not quite. The RK does not have to name you. The RK should send the following.

 

Dear Sir,

 

I am in receipt of your invoice number XXXXXXX.

 

I note that you have sent this to me as the registered keeper of the vehicle concerned.

 

However, any purported contract can only have been formed by the driver at the time - this was not me and I therefore suggest that you contact the driver.

 

I am not prepared to engage in any further communication with you. If you believe that I, as registered keeper am liable, then I suggest you proceed to Court without further delay - any such action will be strongly defended

 

Yours faithfully

 

etc.

 

You can't form a purported contract.

 

I prefer short and sweet but if you go with this suggestion change the relevant paragraph to:

 

However, any purported contract can only have involved the driver at the time - this was not me and I therefore suggest that you contact the driver.

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

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites
madeinbirmingham.org

madeinbirmingham.org

Posted
Posted

I have read many of the messages on here about parking charges but I do not understand why anyone answers them, why bother. If the delivery is not recorded I would not bother answering it on the basis I never received it as anything that looks remotely like junk mail is recycled immeadiatey or simply--prove I received it.

 

It worked the last time when I parked overnight on the A5 services, I just ignored it and never heard anymore.

Link to post
Share on other sites
demon_x_slash

demon_x_slash

Posted
Posted

People worry because many of these tickets are purposely (and unlawfully) done up to look 'official', i.e. criminal, and that would worry anyone. However, my little maxim is 'just because the man's in a uniform, doesn't mean he's a policeman'...I've always found that the best approach :)

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites
Barnsley Boy

Barnsley Boy

Posted
Posted
I have read many of the messages on here about parking charges but I do not understand why anyone answers them, why bother. If the delivery is not recorded I would not bother answering it on the basis I never received it as anything that looks remotely like junk mail is recycled immeadiatey or simply--prove I received it.

 

It worked the last time when I parked overnight on the A5 services, I just ignored it and never heard anymore.

 

The above is a good point and this is a tactic adopted by many people. However, the PPCs have a habit of ramping up the charges as time goes on. One nasty little outfit UK P.A.O. even claims to be able to invoke "liquidated damages" at £3 / day on outstanding "debts". It's all bo**ocks but, in the very unlikely event of a PPC using the small claims court, it's as well to have evidence that you did dispute the invoice and made some effort to avoid going to court.

 

In my case I sent the RK letter and then the "put up or shut within 14 days letter, that one by Recorded Delivery. It did not do any good, at least not instantly, but knowing these were to hand as evidence if required made me feel better.

 

As a half way house you could cheerfully ignore everything up to the Debt Collector's letter, write back to them saying the debt is disputed, refer back to the PPC. If true to current form then you should hear nothing.

Link to post
Share on other sites
  • 3 weeks later...
carlhorn

carlhorn

Posted
  • Author
Posted

Just to let everyone know I sent a letter last week saying this needs to be taken up with the RK and each time they or any of there agencies or companies they pass the fine onto, I will charge them £50 for writing to them.

Will let you all know if I get a reply!!!

Link to post
Share on other sites
patdavies

patdavies

Posted
Posted
Just to let everyone know I sent a letter last week saying this needs to be taken up with the RK and each time they or any of there agencies or companies they pass the fine onto, I will charge them £50 for writing to them.

Will let you all know if I get a reply!!!

 

No. The letter should be sent by the RK - the only name/address that the **** have - and should say that the matter needs to be taken up with the driver.

Link to post
Share on other sites
feralcat2

feralcat2

Posted
Posted

Please note , the signage at Aldi in Gillingham has the word PENALTY on it. Also the info distributed by Aldi about the carpark has the word 'FINE' printed on it.

 

This wording is associated with the Road Traffic Act, whereas the Aldi car-park, being a private car-park facility is operated within the remit of Contract Law, and free for shoppers use for 1.5 hours. Parking for longer is deemed as 'over-stay' and is dealt with within the remit of contract law. (read the sticky, all you need to know) Its important, learn about your rights and all there is to know about private car-parks so you don,t stumble unaware of the pit-falls.

 

Parking Eye are seeking to equate Traffic Law with Contract Law. Traffic Law has manditory penalties whereas Contract Law defines the loss's incured as damages. Since the carpark is free, the £70 charge is a penalty (as stated on the sign) and is unenforceable in contract law because it is deemed as excessive and extortionate.

 

Ask Private Eye to provide the statutary or case law citations to support charging you a penalty for over-stay.

Link to post
Share on other sites
Zamzara

Zamzara

Posted
Posted
http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

Link to post
Share on other sites
samspam

samspam

Posted
Posted (edited)

I've been dealing with a pcn from parking Eye on another thread, I decided to ignore until the debt collectors letter and lo and behold the debt collection company is also Parking Eye! The address is the same except the po box number and the phone operator was the same [EDIT] girl I spoke to the first time I got the PCN, I told her it was in dispute to which she got all huffy and when I quoted her some contract law stuff (thanks to the sticky) and threated to claim harrassment (as the letter threatened to clamp me and that the bailiffs would seize goods - which cannot be enforced except by the courts as I believe) she said she would "put a note on the system".

 

Surely it's worng that the PCN can also act as a debt collectors for their own charges?

 

One for Watchdog I think ;-)

 

I'm not paying they can get lost! That really riled me!

Edited by alanfromderby
Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...