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    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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about 6 months ago i had a problem getting brighthouse to repair my dryer which i was in proccess of purchasing from them it was not drying it was making wierd noises and they took it away after 4 months it still wasnt back i tried to chase it up with no joy in the end they sent me what they said was a reconditioned dryer what a load of rubbish they sent me the original one back just with reconditioned stickers on still had same problems and now because of extra dry times i had to use my dryer more and in extre circumstances i had to use radiators more and because of this it has left me struggling as ive ended up with a 500 pound electric bill just in 2 months im now struggling to pay my brighthouse agreement ive had charges applied which im now struggling to pay. so anyway they phoned last week was i coming in on the saturday and i said yes not realising i was at a wedding so anyway they kept phoining all day my partner kept answereing and explaining to them i wasnt in and a payment would be sent on tuesday as i did but on the monday i got a call where was i on the saturday and i explained i was at a wedding and the lady said i could have come out of the wedding to contact them. So in the end i wrote a letter complaining about harrasement and asking for charges to taken from my accoun and for them to actually come and take away 2 items and take the payment of them from the monies owed i got a letter back not explaining anything but yesterday whilst i was at casualty without any warning they turned up to take back there items and there was no one in again they left a nasty message all i want to know is there anywhere i can go about the charges and the harrasment i have paid the amount owed less the charges and the amount for the items that i need returning

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Hi there, and welcome to CAG

 

I must admit, I'm not entirely sure what you're saying... Your post is just a little, shall we say, confusing... But, I think the bottom line is you want to claim back late payment charges that BrightHouse have applied to your account? I hope I've got it right! :confused:

 

You might like to read through this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/53098-steven4064-brighthouse.html?highlight=brighthouse

 

and, if you haven't done so already, read through our BrightHouse factsheet. You'll find it HERE

 

Hope this helps.

 

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

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baisically what im trying to say is yes i want to get the charges but how do i do it as there threatening to take my goods away if i dont pay em and its in final stages and also how do i deal with harrasement from them i would be very greatful if someone can help me as the charges have only occured because of a break down in comunications between them and me

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Best course of action would be:

 

1 - Bring your account up to date (this WILL include paying their late fees at this stage.)

 

2 - Follow the advice in our factsheet (link in my previous post - you REALLY need to read this) and remove any optional service cover from your accounts. This will dramatically reduce your weekly payments for the future.

 

3 - Make a formal request to have the "unlawful" late payment fees refunded. (Again, read the post I provided a link to in my previous post.)

 

Hope this helps

 

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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