Jump to content


  • Tweets

  • Posts

    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
  • 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

Too Many Posts Going Unanswered: Your Help Needed


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4605 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

Every week there are, on average, upwards of 80-100 new posts that don't receive a reply ( and at a time when the forum is relatively quiet). Obviously there is a percentage that quite clearly don't necessarily need a response, but if you are a first time poster, it can be dispiriting not to receive any answer at all.

 

 

All you need to do is click on Search and then Advanced Search:

 

AdvancedSearch.jpg

 

 

 

 

In the Search Options box:

 

SearchOptions.jpg

 

 

Change 'At Least' to 'At Most' and select either 'Your Last Visit', 'Yesterday' or 'Last Week' and click on the Search Now button.

 

Or you can just click here. (thanks to Barracad)

 

 

Even if you don't know the answer to the query, just a word of support or encouragement will bump it, where hopefully it can be seen by someone with more expert knowledge.

 

So please try and make a '0 Search' whenever you can and help keep '0 replies' to a minimum.

Link to post
Share on other sites

  • Replies 308
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thank you, Michael. :-)

 

To add to this, you may be a relative newbie, and you think that maybe there are people with more knowledge or experience or "seniority" who can answer, or you don't want to be seen to put yourself ahead. Please don't ever feel that way and never hesitate to respond. That's how this site grew and keeps on growing, thanks to us all ordinary users. :-)

Link to post
Share on other sites

Tyvm for this Micheal, I frequently check the "new posts", but will now use the "advance search " opriot, never know I might be able to help or point a newbie in th right direction

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

Link to post
Share on other sites

Hi Michael

 

I for one am not always sure of the answers and don't want tp send 'duff' information. I think others feel the same and this tends to put you off saying anything. Saying that I will start to answer any I see if only to say hello.

 

Cheers

 

Chris:)

Link to post
Share on other sites

Jailbird,

 

See post#2. If you're not 100% sure of any advice, just say so in the post. It's not a crime to be mistaken, someone will always correct it, if necessary, and that way the OP, you and other users learn and add to their knowledge. I should know, I've done it often enough myself :eek:

Link to post
Share on other sites

Hey great idea, cheers for the advise. Funny I always check new posts and thats how I found this post but checking for 0 posts is much better and effective. MAYBE a good suggestion to admin to add as a function at the top navigation bar alongside of new posts. if possible.

 

 

Link to post
Share on other sites

Guest louis wu

For the past few days, I have been looking for unanswered threads, and TBH, I never realised there were so many.

 

I find, however, that the unanswered ones are sometimes the real tough questions. I agree Jailbird, it is sometimes difficult to have a go when your not really sure, but I have decided that just plain moral support helps, and gives the thread a little bump to the top of the page, where hopefully someone will see it who can really help.

 

I do remember being new, and worried about making my first post (first few posts in fact), but the friendly comments I recieved helped ease me into CAG gently. Never forget, a friendly word can sometimes mean more, and do more than a really important fact.

 

Great thread (as always) Michael, we all need a reminder as to the real basics of what we do, and what CAG represents.

 

louis

Link to post
Share on other sites

Yes - thanks Michael.

 

I still don't like answering posts when I don't know the answer. But you're right -just the sense that somebody is there when you are new is, as louis says, the kind of moral support that is needed.

 

Point taken, and I will try.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

Link to post
Share on other sites

I jus did a search as MB suggested - only 20 at the moment - and I really do not have a scoobie about any of them.

 

Looks like a lot of folk have been working hard.

 

:)

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

Link to post
Share on other sites

Guest louis wu

We've got it down to about 40 now.

 

Since MB's first post, it has come down to about the 40 - 50 post mark, but rarely (ok never that I've seen) gone below.

 

This is partly due, IMO, to the difficulty of some posts, and also that some are just one off''s that neither need or require a reply.

 

I think if we can keep on top of this (and I believe there are a few who are spending a lot of time on this), then we should be very satisfied, and suitably pleased with ourselves.

 

Louis

Link to post
Share on other sites

Just been doing another sweep and a lot of the threads are really 'stumping' me (PPI, insurance queries, utilities and telecoms queries). But I've noticed that by putting the following on the thread seems to get the ball rolling, with other caggers with experience of the query posting on the thread:

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

.............. seems to be working on most threads anyway! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

I've noticed that by putting the following on the thread seems to get the ball rolling

 

Hi xxxxxxx,

 

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck :)

 

Either that or:

 

BUMP

 

:-)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Either that or:

 

BUMP

 

:-)

 

Ahhhhh............... but it's much nicer to be nice dear :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

And you are :) (nice, that is)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

And you are :) (nice, that is)

 

Thanks! :-)

 

See Hedgio, somebody appreciates me! :p;)

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites

You too Ellen............. you're a sweetie! x

 

EDIT: think you'll find she meant me stiggo! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

it applies to you all, of course;)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...