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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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private buyer wants to take me to court part 2!!!!


yellowt5r
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Hi all

 

(sorry its a little long)

 

Im having a problem with a private buyer and is wanting some money back.i was selling my motorbike and a mr X came to me on a sat morning with his son,they inspected my motorbike for 15 mins approx but never test rode it as he said his son didnt have any insurance.We aggreed a price and left me a small deposit he also asked me if i could delivery it to him as he said his son couldnt ride it due to no insurance,i said thats fine as he only lived 5 miles away,on the the tuesday i delivered the bike to mr x and he paid me in full (cash) i wrote him a reciept "sold as seen" was put on the reciept along with the other details.i left his house with cash.1 day later i get a phone call from mr x saying the speedo wasnt working.i was suprised he said that,as when i delivered it everything was working fine.I said if his son came back over to me i would have a little look as a good gesture.However i never did hear from him so i guessed he had fixed it himself,6 days later i opened a letter from mr x with an invoice from honda saying he want me to pay a few hundred pound for a new speedo dial as honda dealers had to replace it as it was broken Honda also said it had a hard drop or been crashed i know i have never crashed or dropped it,i bought this bike 2nd hand too so it must of happened from the original owner or mr x's son, i was never told by honda about this as i had this bike serviced by them TWICE and a recall to replace a part!.Mr x has warned me in letter form if i dont pay up he will take me to a small claims court.I dont feel i should pay this as it was working fine when i delivered it to him and i never knew it had been dropped/crashed as honda had never pointed it out to me in my 3 visits to them so how do i stand in the court of law?i am a private seller so no warrenty came with the bike.

 

sorry its long but i wanted it to be clear as possible to the reader

 

thank you for any help

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Sounds like a try on to me. Probably the son has dropped it and smashed the speedo. Errr - a few hundred pounds for a speedo dial? It's a long time since I had a bike but that sounds a tad excessive. Also, if you have had it into the Honda dealers they would be able to confirm it was OK. I would tell him to bog off if it was me.

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Others

 

GE Money sec loan - £1900 in charges - settlement agreed

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deleted duplicate thread

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Are you talking 'external' damage yellow or damage that could only be seen when the speedo was removed?

 

P.S. There is no point in putting "Sold as seen" it means nothing and has no legal standing.

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hi well im guessing it was unable to be seen,as for the sold as seen why is the caveat emptor been mentioned?does it really matter as he had the chance to test ride it to prove it was all working,he chose not to do it.Is it reallly my fault/problem?

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caveat emptor means 'buyer beware' in other words the person buying should check things are satisfactory.

 

If the speedo was working when you delivered it to them, it's not working now for some other reason.

 

Anyway that is all academic as this is a private sale, one it which a product is bought and not sold, so it as this post began - caveat emptor.

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I would be AMAZED if any dealer or fitter was willing to put themselves on the line legally, and testify in any way that they thought they were expert witness enough to prove that the speedo had been 'dropped'...

 

I suspect the guy is trying it on, but even if it did reach a claim, its likely he would have to 'prove' the damage alone. This would be difficult, I think.

 

Just my opinion though, but a good reason for just doing nothing for now, I think.

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Al,i sent this thru to you by e-mail this morning,this is also from this site:

 

Hi, sorry for your misfortune.

 

From my own experience of a County Court claim...

 

The seller of my car altered the miles, lied about previous keepers, forged the service booklet and I actually had the car looked over at a garage who failed the mot of the car on seven different points and so it was unroadworthy. All of this was discovered after the event, some of which was only possible to do so.

 

However, I still lost the court claim.

 

Quite simply, the judge said it was a private sale and the moment I paid for the car all of it's problems were now mine.

 

He told me to always remember 'buyer beware' in the future.

 

Also, I would still argue that criminal acts were committed yet the police didn't want to know.

 

My advice-learn the lesson and move on however difficult it is to do.

 

Mick

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Are you talking 'external' damage yellow or damage that could only be seen when the speedo was removed?

 

P.S. There is no point in putting "Sold as seen" it means nothing and has no legal standing.

:idea:

 

:o Funny how you say that "sold has seen" has no legal standing. I was once told to do just that and make no comments about the car by a solicitor.

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provided you are an individual selling your own bike and you are not a dealer then the sale doesn't come under the Sale of Goods Act 1979 or the Sale and Supply of Goods to Consumers Regulations 2002.

 

Let him serve you with court proceedings and your defence should be that you are a private seller.

 

Why do you say these Acts don't apply to private sales? I'm about to make a claim against a seller who sold me something over the internet that didn't arrive. I was going to make a claim under the provisions of the Sale of Goods Act and the Distance Selling regulations. Am I wasting my time/money?

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Guest 10110001

If a private seller has taken money from you without providing the goods then you reclaim it under Section 2(1)(b)(i) of the Fraud Act 2006.

 

If you paid by credit card then you can do a simple chargeback under Section 75 of the Consumer Credit Act 1974 and if you used paypal, they'll just have to debit it out of the sellers bank account.

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