Jump to content


  • Tweets

  • Posts

    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • 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  
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

CP Plus private parking and Trethowans


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5826 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

I have read loads of other posts and am not sure what to do.

 

I have a company car so the vehicle is registered to the company not me.

I went into the clacket lane services M25 which is controlled by CP Plus.

 

My wife was desperate for the loo so i pulled into the empty coach park which has the door closest to the toilets. While i was waiting in the car the attendant came over and told me I shouldn't be in the coach park ( i explained that i was waiting for my wife) but he didn't tell me to move or issue me with a charge notice.

 

A month later a letter from Trethowans solicitors, acting on behalf of CP Plus arrived at my office.

It seems to have the usual demands and threat of court action.

 

I have emailed Trethowans and explained what happened (now i realise that was a bad move) and they put the proceedings on hold while they got a copy of the Charge Notice which they sent to the office (220 miles from where i am based!).

 

They still maintain the debt is due but will allow the reduced rate of £45 instead of £80 to be paid as I didn't have the Charge Notice to be able to pay it early.

 

If i wish to appeal they have told me to write them a letter.

 

I have since checked and there are signs about parking in the coach bays and the fines etc. at the entrance.

 

Can I appeal because he didn't actually give me a ticket or put it on my car?

 

I assume that i can't use the angle about who was driving as I have already told them i was.

 

What should I do? Fight it or pay £45?

I think they use very underhand tactics.

Link to post
Share on other sites

They cannot fine you but technically can charge you £45 for parking in the Coach bay if thats what it says on the sign. Whether they can legally collect the debt is another matter completely and a matter of hot debate on the board. There are several sticky posts at the top regarding private parking 'fines'.

Link to post
Share on other sites

I have read loads of other posts and am not sure what to do.

 

I have a company car so the vehicle is registered to the company not me.

I went into the clacket lane services M25 which is controlled by CP Plus.

 

My wife was desperate for the loo so i pulled into the empty coach park which has the door closest to the toilets. While i was waiting in the car the attendant came over and told me I shouldn't be in the coach park ( i explained that i was waiting for my wife) but he didn't tell me to move or issue me with a charge notice.

 

A month later a letter from Trethowans solicitors, acting on behalf of CP Plus arrived at my office.

It seems to have the usual demands and threat of court action.

 

I have emailed Trethowans and explained what happened (now i realise that was a bad move) and they put the proceedings on hold while they got a copy of the Charge Notice which they sent to the office (220 miles from where i am based!).

 

They still maintain the debt is due but will allow the reduced rate of £45 instead of £80 to be paid as I didn't have the Charge Notice to be able to pay it early.

 

If i wish to appeal they have told me to write them a letter.

 

I have since checked and there are signs about parking in the coach bays and the fines etc. at the entrance.

 

Can I appeal because he didn't actually give me a ticket or put it on my car?

 

I assume that i can't use the angle about who was driving as I have already told them i was.

 

What should I do? Fight it or pay £45?

I think they use very underhand tactics.

 

 

Read my paper at the top of the page, the sticky. Email me and I'll help you through it. From what I read it sounds as though there are a few defences to be relied upon.

 

Regards,

 

PJ

Link to post
Share on other sites

  • 3 weeks later...

Thanks for the offer Pete but it looks like nothing can be done.

 

I have read lot's of interesting advice on the forum but my bosses on the other hand were not convinced. As the car belongs to the company, they have paid the fine and it will come out my wages:(

Link to post
Share on other sites

Depends on how much of a fuss you are willing to make. Unless specifically detailed in your contract, your employer cannot make unauthorised deductions from your wages. Awkward I know, but you may have every right to challenge them on this.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

Thanks for the offer Pete but it looks like nothing can be done.

 

I have read lot's of interesting advice on the forum but my bosses on the other hand were not convinced. As the car belongs to the company, they have paid the fine and it will come out my wages:(

 

I've encountered this problem before and I can solve this problem so that you don't pay out. There is plenty that can be done. Get hold of my email address, which for the moment is at this site - PePiPoo: Helping the motorist to get justice in the articles section, look for the Private Parking Guide. Email me and we can solve this problem. Your company may have paid the ticket but that was very much their mistake. You are not obliged to pay.

 

Regards,

 

PJ

Link to post
Share on other sites

  • 4 months later...

on 11th December 2007 CP Plus placed £60 Charge Notices on two out of three cars parked in a four-car bay. They claimed on my ticket that my vehicle was "parked in 2 bay" (sic) but quoted reason 08, which is actually "Causing an obstruction to other users". The two cars they ticketed were at each end of the bay. Another vehicle (not ticketed) was parked immediately next to mine (no obstruction there, then) then there was a space, and then the other ticketed vehicle. Luckily I had my camera with me and took many photographs to illustrate the lunacy of issuing charge notices in these circumstances. I knew the drivers of both of the other vehicles and we all kept our parking tickets to confirm the date and time, which also appears on my digital camera. I appealled the Notice the same day, enclosing photographs, and on the 14th December CP Plus wrote indicating that they were expecting payment despite my appeal. I wrote to them again on the 20th December, with a copy to English Heritage, their employers - as suggested by CP Plus. By 25th April I had received no response from either English Heritage or CP Plus and so I telephoned them to ask when I could expect a letter confirming that the appeal had been upheld. They told me that papers had been forwarded to Trethowans on 18th January 2008 and suggested that I telephone them. I did so and learned that because DVLA checks had quoted my vehicle colour as "brown" - which it is not - the documents had been (I quote) "ditched". I requested that Trethowans should write to me confirming that the Notice was negated, as they told me, and gave them my address, which - of course - they did not have, presumably because of the aforementioned "ditching". Slightly phased that my vehicle details were incorrect I then checked the DVLA website myself and found that my vehicle colour was, quite correctly, recorded as "silver". I am still waiting for the letter from Trethowans. Does anybody know if there is a time limit on Penalty Notices since I would quite like to get rid of the photographs on my camera card but am loathe to do so unless I can be SURE this matter has been dropped by Trethowans and CP Plus!

Link to post
Share on other sites

ignore the troll. It is trite law that penalties are unenforceable in contracts - and thats for cases where the contract exists.

And third parties cannot be held to a contract.

PPC invoices are con - they work on threats and misrepresentation. all of it rubbish that prey on people who don't know the reality. folks on here do know the reality. thats what the trolls turn up.

Now if the PPCs went for actual losses it would be a different question.

for a free car park that is zero and or a paid car park it is the price of a ticket covering the period. But of course that would be the landowner's losses so the few pence available would be due to the landowner. Hey presto ! the reality means there is no business for the PPCs. Which is why their model relies on deceit. there is a recent post of mine on here detailing just some of the statutes they habitually transgress. Just ignore them (sorry Geral).

Link to post
Share on other sites

Geral's sentence is correct if taken literally. The conclusion is the opposite of what he is hoping to imply however. This is a legal, penalty, charge, and is therefore not enforceable. :)

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

Hi Geral.

 

The IEA is entirely entitled to issue a charge for unauthorised parking.

 

Am fro cuderth near barnsla, an if tha recons am bana stump up all that brass for summat that writen on bog paper thaz as much chance on gerrin it as thy as on me votin fer thatchers

Tha wonts to cum in arta rein as thas gerrin wet wen will tha learn wot we saying to tha.

 

wot part on f*c off dunt tha get?

Onny road am of't club cos comedian iz on an iz name iz geral slowcoach. am teld iz az daft as soft mick an thats daft.

Uncle Fed fro cuderth.(Joke)

Link to post
Share on other sites

ata orieght barnsla boy.

tha might no me uncle fred, he wore on't railway at cuudy shed on neets 6 til 6.

Onny road he wore up midland road, in royston wen e saw a bloke in a yeller at daubin a mini wiwot the calls a penulty ticit.

onny road uncle fred thowt that onny penulti he new abaht wa wen miss smiff gid im undred lines for talkin in't class tha noz wen he wore i'standud fower in't infants scoil.

wen iz mam fun owt she leathered im wi me grandads pit belt an med is bum red.

Int dark tha cud see im coming a mile away wi is bum on fire.

fred teld me i'dunt like these ere pakin fims coz thes robbin gits and e recons booby bird ought to rattle em rand lug oil wi his cape .

onny road al see thi int'alex e'royston for a sneck lifter on sunda dinna.

Tha noz worra mean

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...