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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Hello Friends,

 

I have been with cpw from last 1 year ... i have upgraded the contract and also insurance policy. Now before 10 days i lost my phone and i had claimed for a new phone. but inbetween i made a mistake that i couldnt call to my service provider within 24 hrs after loosing phone. I called them after 3 days. But they refuse my claim and they r not givng me any replacement even i have an insurance for my phone. I had done apeal against the refusal and the answer is same.

 

now i m not using any phone or any sim card from cpw. so i dnt need to pay them. So please anyone can guide me what sould i do now. Because i dnt want to pay them for which i m not using.

 

I did all the efforts to make approval for my claim but they r still refusing to give me replacement.

 

Should I cancel my direct debit??

Thank You...

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Hello and Welcome, Helpmeout.

 

I'll move your thread to the appropriate Forum.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Hi

 

Have come across this one a few times (i'm an ex Carphone Warehouse store manager for my sins!). The wording of CPW Lifeline insurance policies does not state that you have to notify the network within 24 hours of loss/theft - they only state that you need to notify the network within 24 hours of noticing the phone was missing.

 

If you complied with this, then I would advise speaking/writing to the Lifeline team and asking for the appeal to be reconsidered bearing this in mind as too often this is missed during the initial claim.

 

If it was longer than 24 hours between you noticing the phone was missing and reporting it then unfortunately, you are not covered. However, I know from experience that this information is taken on trust and almost never double checked with the network. Unless you have already explicitly told them that it was longer than 24 hours from noticing the phone was missing, you may still have a chance ;-)

 

Hope that helps

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Thanks for your information...

 

But I apealed them twice and both the time the refuse for replacement. And I didnt tell them abt the late notifing. They found out from the service provider. I Called them yesterday (Monday) also and requested them to reconsider my claim but they had the same answer for me.

 

Now I have only one option to cancel my direct debit because I am not using any phone or service from carphonewarehouse, so why should I pay them furthur... After all these, I will try 2moro and see what they will answer me otherwise I would cancel my direct debit...

 

What you suggest me...should I cancel direct debit??

 

appriciated any help...

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well, the network should have blocked the sim and imei if you have reported it lost / stolen.

 

you could ask them to send you a replacement sim, and put it in an old phone.

 

im afraid i dont think you have grounds to not pay, esp if your contract has just been renewed.

Don't Quote me on that :lol:

 

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hi

ime on contract with o2 through carphone ware house

last month i lost my phone and even though i had no insurance they sorted it for me.

i went into the local shop and was advised to buy a paygo phone, there and then they gave me a new sim card to put in the phone with same number, etc

the sim only cost me £10

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Hi

 

I'm sorry to hear that they did check with the network - they very often don't! But postgjj is right - you can get a new SIM on the contract for around £10 depending on network and will have to either use an old phone or buy a new Pay As You Go phone (but don't tell them you're going to swap the SIMs or they might refuse to sell it!)

 

Unfortunately, losing the phone is not grounds to be able to cancel the contract - although it might be worth looking at the thread in this forum about cancelling vodafone contracts from 1st September based on call charge increases.

 

Also - unless you call CPW Lifeline department to cancel your insurance, you will still be paying insurance on a phone you no longer have - probably around £30 per quarter!

 

Hope that helps

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Thanks for repling...

 

As I just upgraded my contract before 2 months and I bought O2 XDA Staller which is very constly phone and I paid 50 GBP for the phone also. And now if I can not use that phone, why should I pay them 45 GBP per month because I upgraded my contract because I like that phone.

 

So I dont feel that I should pay them further.

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you have entered into a fixed term contract for access to the mobile phone network. you have purchased / recieved title in goods for use in accessing the mobile phone network. once title in those goods have passed to you, the network has no further liability in regards to the equipment.

 

for whatever reason, your means of accessing the mobile phone network is no longer available, however, you still have the right to access that network.

 

The network will supply you with a replacement sim, but new equipment must be purchased by you, either through an insurance policy, or other means.

 

As you missed out on the insurance deadline, the INSURANCE company do not have to pay out, which leaves you in the situation you are in now.

 

you could try a local branch of CEX, they normally have a good range of 2nd hand phones available.

 

Sorry it isn't what you want to hear, but it is my understanding of the situation

Don't Quote me on that :lol:

 

I am now a rep hunter :lol:

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Unfortunately Hoose is right - I really feel for you but I can't see any way you can get out of the contract or get a replacement. The network are under no obligation to provide a replacement for a lost phone. Your insurance company would have been, had you notified the network in time. I can understand why they wouldn't cover any calls run up in that time but it seems harsh to refuse a replacement - nevertheless, i've seen it a hundred times before and I can't see them budging on it - sorry.

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helpmout,

 

even if you cancel your direct debit, you will still be liable for the charges.

 

If you make no effort to pay, then the charges will mount up and then things will start to get bad.

 

Think objectivley about this, why not get a second hand phone, ask for a replacement sim card so that you CAN use the network and if necessary, ask for a tariff reduction. there are people on this forum being hassled by DCA's etc, oftentimes through no fault of there own, and you want to walk into it voluntarily?????

Don't Quote me on that :lol:

 

I am now a rep hunter :lol:

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