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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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NCP cark paking fine HELP!


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There are a few sentences in that letter that will raise an eyebrow or two.

 

It'll just get tossed onto the hooked fish pile and I suspect you'll be receiving the next standard "pay up" letter in a couple of weeks or two.

 

Don't waste any more of your time on it.

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I have personal experience of NCP. I parked in one of their car parks 11 times in 3 different cars without paying (it's a bad habit I know!). They finally got round to writing to me, I sent a letter with a similar sentiment to the one you sent. They still sent me further letters, I ignored them and finally they stopped once they realised I wasn't playing their game. Trust the advice you are getting here, don't worry about it, just enjoy giving them the proverbial two fingers!

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I have personal experience of NCP. I parked in one of their car parks 11 times in 3 different cars without paying (it's a bad habit I know!). They finally got round to writing to me, I sent a letter with a similar sentiment to the one you sent. They still sent me further letters, I ignored them and finally they stopped once they realised I wasn't playing their game. Trust the advice you are getting here, don't worry about it, just enjoy giving them the proverbial two fingers!

 

 

Hi mate

I am a total newbie to the forum but been reading everything about parking fines and checking the standard letters, you guys all seem really helpful!

My girlfriend has a similar case to yours. She parked in a NCP car park 3 times and got caught each time. In her defense she is under MASSIVE stress at the moment (wont go into detail but she does have some severe issues) and i think parking tickets were the last thing on her mind. She has now received all 3 follow up letters from NCP and I intend to challenge them by using the standard letters. I realise that they have a legitimate claim, but to hell with them, I just hate the company and I will fight these ridiculous charges to the end. Do you have any further advice? At present I have done nothing except prepare the standard first letter to send. Is there any way that they would progress these claims to court?

 

Any advice greatly received.

Cheers

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offer to pay the parking fees and no more i.e. redress for actual loss - leaves them totally snookered for progressing to court (if they are in that mood. anyone know of NCP issuing real court papers for its PPC operations ?)

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offer to pay the parking fees and no more i.e. redress for actual loss - leaves them totally snookered for progressing to court (if they are in that mood. anyone know of NCP issuing real court papers for its PPC operations ?)

 

Thanks. Should I make that offer in my first reply (thereby admitting liability) or continue with the first template letter which denies any claim in the first place?

 

Thanks again

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From personal experience, I think you SHOULDN'T make any offer at all. I really do recommend sending them the template letters from Bernie the Bolt if ignoring them doesn't work (it often does). I personally wouldn't write to them any more than twice though, the second letter reiterating your postion and using his cease and desist wording as well.

 

Pat Davis used a great expression to describe these companies when I first came for advice on this site; 'Do not feed the trolls'! The point being, do not waste your time or encourage these companies by taking them seriously. Tell them how it is, then ignore them, IT WORKS!

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  • 3 weeks later...

hi guys

 

well its been about 2 weeks now and ive just recieved a response from NCP...just to back track ive copied my last letter i sent before there response

 

Dear Sir/Madam

 

Re: reference CP

 

I am appalled at your inability to accept responsibility for faulty machinery and the incompetency of your company of not having anyone to attend to a trapped customer late at night.

As is the normal practice, I tried to pay on my way out, but could not do so, due to the faulty machine. Having waited for over one hour for an attendant to come, I became worried and concerned as I was trapped. After many attempts to raise the alarm to my plight of being trapped behind a barrier, no help or assistance came due to faulty equipment. I had no alternative but to raise the barrier manually and thus leave the car park.

I am therefore only offering the normal amount that was due for parking fees as a full and final settlement.

If you don’t accept this final settlement then I will also be pursuing legal action against NCP for illegally detaining me within your car park as false imprisonment and for continuous harassment.

 

As you continue to send threatening letters on my father’s name, who had nothing to do with this, he will issue joint and separate summons for libel and harassment against your company. He has contacted you on many times over this matter.

 

I see your charge as unlawful, unenforceable and I am not liable. I will not be providing any payment and your continued pursuit of this matter will constitute an offence under the Protection from Harassment Act 1997 and “habeas corpus”. I consider this matter closed and I am explicitly instructing you not to contact me or my father again except to confirm the matter is now closed. You have been advised for the final time not to cause further distress and harassment to myself or my father.

 

Yours Sincerely

 

Now the response from ncp

 

26th Nov

 

Dear Mr Singh,

 

CP issued at leicester Abbey st on 10th Oct 2008 to vehicle with registration mark xxxxxxx

 

Thank you for your recent correspondence regarding the above notice number

 

As you are aware the above Parking Contravention Charge Notice was issued to you for damaging car park equipment.

 

Please note that this is the 3rd letter that we are writing to you to confirm our decision on this matter. We have investigated all of the claims you have raised in your previous letters and our decision still stands: The penalty notice was correctly issued to your vehicle for not fully complying with the car park regulations.

 

In your appeal you have stated that you were trapped for over an hour. You have also stated that you tried to contact a member of staff for assistance. After reviewing the cctv evidence, it shows you entering the car park with another person whom waits at the barrier. It then shows the barrier being lifted by this person and your car exiting. The cctv clearly shows that no payment was attempted, i therefore feel that this parking contravention charge notice has been issued to you correctly. You are able to request cctv footage by completing the attached form.

 

as such there is no merit in entering into any further correspondence regarding this and therefore we will not respond to any future correspondence regarding the case.

 

we will allow a further 14 days to make a payment. if you do nothing about this then the process will run its course.

 

If no payment is recieved within 14 days from the date of this letter sent to the registered keeper, we will send a reminder letter to the keeper providing a further 14days to make payment. If no payment is forthcoming at this stage, the case will be passed to a debt collector who will seek to recover the outstanding debt plus any reasonable administration costs incurred by the debt collector.

 

Yours sincerely

 

Caroline Theobald

Customer operations manager

 

 

No reading this letter i am very worried about the company sending debt collectors! as they have clearly outlined that if i ignore there letters then they will send debt collectors! - alot of you advise me to ignore there letters but how is this possible if NCP are threatening to take action against me.

 

There are some things i would like to point out -

 

1)the only video footage they have is me entering the car park which was 4 hours or so before i arrived and then when my car passed the raised barrier...i also want to highlight one thing - if you look back at NCP's letter there is a section where they say 'After reviewing the cctv evidence, it shows you entering the car park with another person whom waits at the barrier. It then shows the barrier being lifted by this person and your car exiting.' - no where does it mention that there is footage of me lifting the barrier up or touching it, so there is no proof of me physically damaging the equipment.

 

2) there are two entrances to the car park, one past the barrier which is walking through the car park to the car OR the side entrance through the door...i tried the side entrance through the to pay for my car park permit and after wondering around the car park inside and out i decided to walk upto the car which is where the camera caught my car driving through the raised barrier.

 

3) im not sure what to do? please tell me what i should do and are there any letters you could provide i could send to NCP?

 

Many thanks

 

Nev

 

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I have personal experience of NCP. I parked in one of their car parks 11 times in 3 different cars without paying (it's a bad habit I know!). They finally got round to writing to me, I sent a letter with a similar sentiment to the one you sent. They still sent me further letters, I ignored them and finally they stopped once they realised I wasn't playing their game. Trust the advice you are getting here, don't worry about it, just enjoy giving them the proverbial two fingers!

 

a bad habit indeed... comments like this are liable to get you put on moderation.

 

being trapped in a car park is one thing, this is something quite different.

 

This behaviour is not condoned by cag.

 

If you park in a car park you should pay for the service.

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Nevinders,

 

On a first look, this is good news. You have made it quite clear that you dispute their charge, yet they are passing it to a debt collector. If they were going to pursue it they would not bother with a debt collector.

 

On that basis, the advice is now to ignore all future correspondence. Alternatively you can choose to string them along and up their costs and demand the cctv evidence (which they must supply), evidence that the machinery was working, evidence of repair cost to the machinery including copies of invoices.

 

In their attached form, are they asking for a charge to provide you with the CCTV footage? They wouldn't be entitled to charge.

 

I didn't quite understand your point 2. What do you do at this carpark? Pay at a pay station and then put the receipt into the barrier, or pay at the barrier? Assuming the former, they would need to provide evidence that the machines were working

 

It looks like their last letter was based purely on two still images of you entering and exiting the carpark. I doubt they've gone to the effort of reviewing all the footage, assuming they still have it.

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Steve M's post above seems good advice. But you have to decide.

 

If you don't like it, take a look at the parallel thread

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/167535-ncp-200-pccn-damage.html

 

Lo and behold - Al27's last post says just about the same thing as Steve's first advice.

If you still don't like it go back to Steve's second suggestion.

 

But still, you have to decide.

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  • 3 weeks later...

i got my warn letter too but i havent written back - im in the process of producing my final letter to NCP. Im not scared or bothered if they try and pass the matter to some baliffs as this is a private matter that im sorting out with NCP and baliffs will only demand for payment...if anyone has any advise or been in the same situation please advise as me and other users affected could do with the help.

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Im not scared or bothered if they try and pass the matter to some baliffs as this is a private matter that im sorting out with NCP and baliffs will only demand for payment...

 

Bailiffs cannot be involved if the case hasn't been to court (AND you lost, AND you couldn't/wouldn't pay the fine in 28 days). Before that NCP can only pass it to a debt collection company (DCA) who have no more right to collect the money then my dog. (if I had a dog that is :D )

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