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    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
    • Greetings, I'm writing to seek assistance with an ongoing issue I'm having with Manchester Council.  I parked my car in a residential area behind Wilmslow Road to go purchase some food, not realizing it was a no-parking zone. I later received a letter stating I had failed to make the required payment, and the penalty had increased. I appealed the fine, explaining that I had parked there but never received the original Penalty Charge Notice (PCN), so I was unaware of the need to pay. However, the council's reply did not address my initial concern. Is there anything I can do in this situation? I admit to parking there, and I was willing to pay the original fine, but I don't think it's fair for them to demand a doubled amount when they failed to send me the initial PCN.  Any advice or guidance you can provide would be greatly appreciated. Thank you in advance for your assistance.   MK Document.pdf
    • If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
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    • If you are buying a used car – you need to read this survival guide.
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    • 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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can it be challenged?


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if the work of neil herron and his team is succesful

 

I'm confused one minute we are told you can appeal 'its the law' then we are told Mr Herron is of the opinion we should be able to appeal, then you say he has won appeals and now you are saying IF he is succesful? Please make up your mind.

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Using your line of thought, you are claiming we can all forget about the adjudicator pay the PCN then contest it in the County Court? In London alone that would mean at least 1000 cases a week going before County Courts that are not set up to deal with PCNs. The law is quite clear in how PCNs should be contested, they are not unfair charges like banks they are charges set out in statute. If this works for PCNs why not FPNs pay up skip magistrates Court and plead your innocence in County Court??

I'm not stopping people challenging because you have yet to explain how to challenge except for writing to the Council asking for your money back. Why would they give you your money back if they have just fined you?

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Using your line of thought, you are claiming we can all forget about the adjudicator pay the PCN then contest it in the County Court? In London alone that would mean at least 1000 cases a week going before County Courts that are not set up to deal with PCNs. The law is quite clear in how PCNs should be contested, they are not unfair charges like banks they are charges set out in statute. If this works for PCNs why not FPNs pay up skip magistrates Court and plead your innocence in County Court??

I'm not stopping people challenging because you have yet to explain how to challenge except for writing to the Council asking for your money back. Why would they give you your money back if they have just fined you?

 

 

 

Once you have your full list of PCNs back from the Council following your Data  Protection request and once you have established the exact date when their PCNs were changed to be fully compliant you make the request in writing and ask for a refund.

  • Some local authorities have quietly refunded PCNs simply to avoid a legal challenge which could force them to refund everyone, even those who do not make the request.
  • Some councils will ignore your letter, therefore it is essential that you send it recorded delivery.
  • Some councils have been taken to the Small Claims Court and have reached a settlement.
  • Some councils are refusing to refund ... therefore we intend to ensure that a High Court precedent is established.
  • Some councils are claiming that by paying a Penalty Charge Notice you 'accepted' the contravention and therefore you are not entitled to a refund. The legal opinion that we commissioned states that this is most certainly not the case.

 Once we have enough cases ready to proceed then we will make this legal opinion freely available.

So, in the meantime go and establish how much you have paid in Parking Penalty Charge Notices in the last 6 years in readiness for the next stage of proceedings.

direct from the web site, and i know im sticking my kneck out here,

however I make you a PERSONAL CHALLENGE email neil herron parkingappeals.co.uk or phone him on 09065 500149 and talk to him.

 

Then prove me wrong.

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This is like groundhog day!!! That procedure is for restitution for non compliant pcns with one date ruled non compliant in the high court. I said that was possible at the start of this saga. What you have yet to come up with is a valid case where someone has paid a PCN then decided to appeal against the contravention.

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This is like groundhog day!!! That procedure is for restitution for non compliant pcns with one date ruled non compliant in the high court. I said that was possible at the start of this saga. What you have yet to come up with is a valid case where someone has paid a PCN then decided to appeal against the contravention.

 

 

 

Q. Are there any other reasons why a Penalty Charge Notice should be refunded?

A. Yes. Many local authorities have had missing or incorrect Traffic Regulation Orders ( the legal documents that detail the parking restriction). If that is the case then there can be no charge as no Traffic Order has been contravened. Many Councils have kept such matters quiet ... and kept the money. Our investigations and then exposure through the press and media have ensured that motorists fined in such circumstances have received refunds. We have whistleblowers within councils who are now sending us evidence of such cover-ups and we will report and detail them in full.

Other instances include Parking Attendants dismissed for falsifying documents, signing errors and other documentary errors. As we build up the evidence on each local authority then we will assist with new set of recovery letters.

So, meanwhile if you suspect that there may be errors in signing or that your council may have been less than honest in the way they have been operating their Decriminalised Parking Enforcement regime then you can submit a Freedom of Information Request asking for information.

A few samples are listed below:

Incorrect or Missing Traffic Orders

Incorrect or Missing Signs

Successful appeals to the adjudicators

 

 

and so the argument rages......

 

 

I will keep this up for as long as it takes,

 

sorry green I will not let this drop.

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sorry green I will not let this drop.

 

I have nothing to gain or lose so I am not bothered what you do unlike Mr Herron who is claims to get you off anything as long as you part with some cash. As for your advice to ring him I think at £1 a min from a BT line I will give it a miss, lol.

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I helped a woman challange a pcn and NPAS threw it out before the appeal the council did not even have a say in it

thanks neil herron

 

If thats true it's illegal, NPAS have no power to cancel a PCN before appeal and without hearing from the Council.

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I have nothing to gain or lose so I am not bothered what you do unlike Mr Herron who is claims to get you off anything as long as you part with some cash. As for your advice to ring him I think at £1 a min from a BT line I will give it a miss, lol.

 

 

 

email then it will cost you f### all

 

you little twirp.

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