Jump to content


  • Tweets

  • Posts

    • Ok so helping a Male friend.    Friend and daughter, 16 he has full custody of her, was due to flight out for a holiday to Spain for Christmas. The Spanish government, along with a list of other countries, said they were banning UK flights over a new strain of Covid. They did not know until they got to airport as they were due to fly on the 22nd first flight of day. I have searched and cant find anywhere to say the the UK Government/foreign office closing air travel.    Wizz air rep was useless just told them to contact Wizz air as they cant fly. Friend contacted Wizz air who said well the flight is still going ahead so you fly or you cancel. Wizz air did not budge so they had to cancel. Was not a package deal but the hotel has cancelled and refunded without ay problems within a few hours of request.  Flight went ahead Wizz air still not budged re flights and insisting they were cancelled and a fee is to be paid. They have been arguing for months over the refund. He is still waiting and feels its unfair that he is waiting months for a refund when not his fault and that he has to pay a cancellation fee for the flight when it was the Spanish government that closed the boarders to all but citizens. He is not saying he does not understand why just he could have been treated better. Money went out quick enough but cant press a button to refund him. He has been to the CAB but found them utterly useless. What are his rights on the cancellation and what legal argument can he use. He has thrown at them lots of phone calls, yes l have told him to stay of the phone but he wont listen to me on that and as he is big enough to know better but then stuck between a rock and hard place.    Oh and just so you all know they did not go without a few presents and Christmas dinner. They came and Socially distanced collect a care package from me containing food the presents l had brought them already and a little extra.   
    • I've had to hide your last post.  You left both the PCN no. and the vehicle registration no. showing in both PCNs.  Please redact & upload again.
    • @BankFodderI've made some slight tweaks to the letter, would appreciate your thoughts....  also I'm not sure to keep the bits in bold - what do you think? /-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-   I am the executor of my father’s will and as such I have authority to bring legal proceedings against you on behalf of his estate.   On 2 September 2019 my father bought a Jaguar XF  3.0d V6 vehicle, registration number XXXX XXX, from you.   You know all the basic facts but for the record I'm setting them out here for your information and for the benefit of the court.   ·        My father purchased the car from you in September 2019, however the car was not collected until October 2019. ·      In less than two weeks of having the car, it started to demonstrate some serious defects and as a result the car was returned to you to repair the electrical faults. ·      The car was returned to my father in late January 2020, with the repair still outstanding, despite the fact that you had the car ostensibly to carry out precisely this repair. ·     My father made various attempts to contact you and to discuss the matter with you. In March 2020, a full six months after the purchase of the vehicle, you collected the vehicle ostensibly once again to carry out the repair of the electrical fault. ·       The car was eventually returned to my father six months later in August 2020. It seemed the original electrical fault had been repaired, however upon return of the vehicle, a further fault then presented itself whilst under your possession, in the form of a loud ticking noise from the engine. ·        You commented that you had topped the engine with oil as it had been running low, and your only suggestion was to take the car on a long drive. ·       My father followed your instructions, and this did not resolve the problem. Still in August 2020, the car was returned to you for further inspection and repair. ·         Since August 2020 you have been in possession of the car and apparently the repairs are still outstanding. There have been extensive exchanges between yourself and my father by text message and phone calls and you have informed my father that the repairs were still outstanding and in fact the car is now in an undriveable state. ·         As you are aware, my father died in January 2021 and myself and other members of my family have attempted to contact you to return the vehicle. There has been extensive exchanges between you and I, by text messages and phone calls, regarding the attempted and outstanding repairs of the car. ·         We have asked you repeatedly to advise us of the location of the car together with photographs so that we can make our own assessment and possibly carry out our own inspection and you have not provided any of this information. ·         You have given us various excuses such as, the car is awaiting parts to be fitted, the car needs new parts (turbo charger, crankshaft), the parts are being sent for re-conditioning, to most recently the car needing a new engine, but again we have not been permitted to visit the vehicle to carry out any inspection or to assess the situation for ourselves. ·         I have previously asked for access to the vehicle, and you have refused this, so I have been unable to understand the condition of the vehicle as it is now. In addition, I have been prevented from understanding what work may have been carried out so far and have also been prevented from obtaining my own comparative estimates for the work which you believe needs doing. ·         Not only have you withheld access to the vehicle, you have apparently moved it to new premises and refuse to divulge its whereabouts ·         I have made strenuous attempts to contact you and hold a dialogue with you and you have failed to provide me with the information requested.   Since the beginning of April 2021, I started writing to you formally, sending you three letters and have received no reply. This situation cannot go on any longer. You sold a vehicle to my father which has been scarcely driven since it has been purchased and which has now been in your possession for 20 months (to date).   The car is not of satisfactory quality and my father has not had the use of the car for most of the period of ownership and has been deprived of substantially the whole benefit of the contract.   I take this to be a fundamental breach of contract and as such I consider the contract has been terminated by you and so I require you to refund me the purchase price of the vehicle.   If I do not receive payment of £10,995 from you within 14 days then I shall begin a County Court action and without any further notice.   Yours sincerely  
    • Can you upload <<Clickme a copy of the injunction/paper work in pdf form with Personal details blanked out, so people can advise you further, Thank you....    
  • Recommended Topics

  • Our picks

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4747 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

Quick question

 

can you still appeal if the nto is out of date,

im doing one but the LA took so long to send the tro through its out of date. Are there any grounds for complaint and who do I complain to.

 

thanks as usual to all.

Link to post
Share on other sites

The TRO is available to inspect in person you cannot blame the Council for not preparing your defence quick enough. If you sent your template letter asking for every document under the sun I'm not surprised its late!

Link to post
Share on other sites
The TRO is available to inspect in person you cannot blame the Council for not preparing your defence quick enough. If you sent your template letter asking for every document under the sun I'm not surprised its late!

yes but they took more than 3 weeks thats a bit too long and they have appologised for it.

Link to post
Share on other sites
yes but they took more than 3 weeks thats a bit too long and they have appologised for it.

 

 

Can I just add, yes I have gone for the paperwork , but I also pointed out a that the nto was invalid according to lukha v aylesbury vale asked them to drop the ticket to which they toally ignored.

 

They then took about 22 days to reply. Dont leave alot of time to appeal does it.

Link to post
Share on other sites

You have 28 days to appeal following receiving the NTO.

 

The council don't have to send you a copy of the TRO within those 28 days unfortunately.

 

You have to make Representations following the NTO after which you will receive a Notice of Rejection or Acceptance.

 

but I also pointed out a that the nto was invalid according to lukha v aylesbury vale asked them to drop the ticket to which they toally ignored.

 

Was this in your Representations? The council only has to respond to your written appeal following the NTO.

Link to post
Share on other sites
You have 28 days to appeal following receiving the NTO.

 

The council don't have to send you a copy of the TRO within those 28 days unfortunately.

 

You have to make Representations following the NTO after which you will receive a Notice of Rejection or Acceptance.

 

 

 

Was this in your Representations? The council only has to respond to your written appeal following the NTO.

yes it was in the letter I sent, there is more to this ticket however.

 

They have sent two nto's with two different dates on them. This is mal administration isnt it?

 

Also when they sent a letter of rejection to the informal appeal I can only describe it as nonsense as the letter said that the car was towed and impounded which it wasnt, it also said the the vehicle was on a syl also wrong.

 

regarding the 28 days to appeal, just got an email from an insider to say that taking 22 days to send the relevant paperwork prejudices the appealant, this should be reported to the local gouvernment ombudsmen and the chife executive of the LA should they not cancel.

They should also by rights give an extension on the 28 days so appeal to the adjudicators could be brought if the LA wish to persue the ticket.

 

more comment on this would be helpful thoicon7.gif

Link to post
Share on other sites

It's not unusual to get fobbed off with your first appeal letter. They just want your money.

 

Are your two NTOs for the same contravention?

Link to post
Share on other sites
It's not unusual to get fobbed off with your first appeal letter. They just want your money.

 

Are your two NTOs for the same contravention?

yes they are

 

so in theory if say these were sent to a multinational company the penalty could be paid twice for the same ticket.

 

This is maladministration by the LA dont you think.

 

Im also considering a letter to the LA applying for an extension on the 28 days appeal time due to the fact that they took so long to send the tro and stuff, there is a letter of appology that came with it, this is an admission of guilt isnt it.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...