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    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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Problem With Carpet


ruralgirl
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Hi, wonder if anyone can tell me how I should go with this?

 

We bought a carpet for the stairs and a small landing from a local retailer who is a member of the Carpet Foundation. They came out to measure up and we agreed a price fitted. It is fairly good quality patterned carpet (I had the sample) and he did ask if I thought it was an overall pattern. It is, so I agreed. He told me that stairs are always fitted in a few pieces but I wouldn't be able to tell it was separate pieces.

 

They fitted it Tuesday and were surprised there was a large piece left but whatever, said it might come in. We paid the fitter in cash and obtained a receipt.

 

Later on Tuesday when I was cleaning up the bits and fluff, I noticed they hadn't matched up the pattern on the 3rd stair up so looked a bit more closely and on 6 stairs near the top, the carpet is upside down and again, no pattern match. I presume that's why the fitter had a load of carpet left.

 

Called the shop and the guy who came to measure came this morning. I was close to losing it I can tell you. First he groped at the pile on the landing and on the top half of the stairs and said the pile was in the right direction. It was only after I pointed out repeatedly that the pile might be but the pattern isn't that he agreed something wasn't right.

 

I then said the pattern had not been matched anywhere and he said I'd agreed it was an allover random pattern. No, I did not, I said it was allover (meaning that there wasn't anything too prominent that needed centering) but even I know that the pattern should have been matched. He took the details from the back of the sample for the order and it stated clearly that there was a 400 mm pattern repeat. These are professionals, how can he now say it's random and blame me?

 

The fitter is calling back on Monday "to put things right" - yeah okay! What's he going to do? Turn the upside down bits the right way (which won't match up to the pattern on the rest) and put a new bit at the bottom from the big lump we have left?

 

The guy today treated me as if I was stupid - big mistake!! Seriously, if you bought patterned wallpaper with a 400 mm pattern match and someone stuck it on as it came off the roll and got a piece or two upside down while they were at it, would you be happy? That's what they have done to my carpet and had the cheek to say it's my fault.

 

Sorry for the rant but I think this will end up going further than a "put things right" on Monday.

 

Any help on who to go to next is appreciated.

Edited by ruralgirl
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Before jumping the gun you should give the fitter a chance to fix it and if not satisfactory, then start the complaints ball rolling.
Thanks, I had no intention of jumping the gun and I will give the fitter a chance to fix it but I KNOW already that it won't be possible. The carpet has been fitted in 4 pieces (two of them upside down) but with such a big pattern match, 400 mm, even if he flips the upside down pieces the pattern will not match at the bulkhead or with the piece fitted the right way up. Then there's the bottom 3 stairs which are the right way up but the pattern is about 300 mm out.

 

There's some carpet left but not enough to line the pattern up in 5 places.

 

I'm not trying to be pedantic here by complaining about a couple of mm - the pattern is a foot out if you want it in old money.

 

I will follow the correct complaint procedure, what I was asking is to whom?

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  • 4 weeks later...

Hope you don't mind me asking but I need a bit more advice now.

 

The carpet fitter did call on the Monday before Christmas as arranged. He looked and said he thought he'd done a good job. When I pointed out that the pattern was upside down on the 2 top pieces he couldn't see it. He groped the pile (as his mate did on the previous Friday) and said it was okay. I pointed out the upside down bits again and he thought they were right and it was the bottom 2 pieces that were wrong. He looked at the bit we had left, said it would do 6 stairs and he'd replace the bottom half with that. Err, so it would all be upside down?

 

I then pointed out that even if he did that, the pattern at the joins would not match. When in a hole, stop digging? Oh no, not this guy. Couldn't make the next bit up. He said that it was because it was not British carpet, British carpet comes in yards and he could match that but this was in metres and that was the problem.

 

Then he said it wasn't suitable carpet for stairs, it was made for a big room. When I pointed out that his measuring-up colleague should have told me that he said would return with his colleague after the Christmas break and would phone to arrange an appointment. I'm still waiting!

 

I'm pretty certain the owner of the company knows nothing about this (these 2 muppets are employees). Should I now write to the owner with my complaint informally or step up to a bit more official?

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Take lots of good quality photos. Contact the owner and see if you get any joy.

Start making notes of all of the conversations you have had right from the beginnng.

If the owner doesn't sort it out then write them a letter telling them that you consider that they have repudiated the contract and that they should remove the carpet and give you a full refund.

Give them 7 days to do this or else you will sue.

 

Afte 7 days, sue.

Let us know who it is for the benefit of others.

 

If you buy our small claims guide and small claims kit you will find the suing part relatively straightforward. You can buy these items elsewhere but it helps us if you buy them through us.

 

Don't bother taking any action if you are not prepared to go the whole hog. Don't make empty threats

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And I was hoping for a good outcome with this. I was in carpet business (retail) for years and certainly seen & heard some things, but have never heard such tosh from a carpet fitter!

 

Follow FB's advice and contact the owner.

 

The only potential issue I can see is if it gets 'sticky', there could be an argument about who is responsible for sorting it out. Did you get a written estimate from the shop? What was written on it re the fitting. As you paid the fitter direct, the carpet shop might say you've got to take it up with him. But if it is on your estimate, I would say the shop needs to sort it. But let's not jump the gun. The owner may not be aware of what the fitter has said, so give them a chance first. Personally, I would write to them, outlining the details, but try not to be too emotional (as per your posts). Stick to the facts ;)

 

Do keep us informed.

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I'm pretty certain the owner of the company knows nothing about this (these 2 muppets are employees)

 

Maybe not, most fitters are usually self-employed and contracted to various shops etc. Especially as you paid him direct. What does it say on the receipt? The fitter's details or the shop?

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Sue them both in the same claim. Let them sort it out between them. You sue the shop in contract and in the alternative on their negligent recommendation of the fitter.

You sue the fitter in contract and in the alternative in negligence for his poor standard of fitting.

 

However, my money is on the shop being liable.

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And I was hoping for a good outcome with this. I was in carpet business (retail) for years and certainly seen & heard some things, but have never heard such tosh from a carpet fitter!

 

Follow FB's advice and contact the owner.

 

The only potential issue I can see is if it gets 'sticky', there could be an argument about who is responsible for sorting it out. Did you get a written estimate from the shop? What was written on it re the fitting. As you paid the fitter direct, the carpet shop might say you've got to take it up with him. But if it is on your estimate, I would say the shop needs to sort it. But let's not jump the gun. The owner may not be aware of what the fitter has said, so give them a chance first. Personally, I would write to them, outlining the details, but try not to be too emotional (as per your posts). Stick to the facts ;)

 

Do keep us informed.

Thank you so much, I'll reply to your post/advice first.

 

It's a local company, Viv Date Carpets (Pontardawe) Ltd. of Pontardawe (near Swansea). They claim to have their own 'in house' fitters and all prices quoted in the shop includes fitting. They are members of the Carpet Foundation.

 

They are all on first name terms, Mark (the guy who measured up and gave me the verbal quote) arranged the fitting date and said I should pay their fitter. The invoice is in the name of the shop and the fitter (Nigel) signed it as a receipt for the £355 we paid him/them.

 

I have now written a letter to the owner - addressed it to "The Proprietor" as my neighbour was at school with Viv Date and she thinks he now lives in Spain. I know, you can laugh but that's how it is here.

 

I have given facts only, no emotion or 'he said/she said' stuff so will see what happens.

Edited by ruralgirl
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Take lots of good quality photos. Contact the owner and see if you get any joy.

Start making notes of all of the conversations you have had right from the beginnng.

If the owner doesn't sort it out then write them a letter telling them that you consider that they have repudiated the contract and that they should remove the carpet and give you a full refund.

Give them 7 days to do this or else you will sue.

 

Afte 7 days, sue.

Let us know who it is for the benefit of others.

 

If you buy our small claims guide and small claims kit you will find the suing part relatively straightforward. You can buy these items elsewhere but it helps us if you buy them through us.

 

Don't bother taking any action if you are not prepared to go the whole hog. Don't make empty threats

Thanks. I actually took some photos as soon as I spotted the faults because I wanted to email them to my son for his opinion.

 

I am so disappointed with it - my husband saved up the £355 from his DLA - we don't have much money but we wanted a 'proper' job on the stairs and trusted a shop who are a member of the Carpet Foundation.

 

Sorry for the emotion in my posts but I was so angry. First the rubbish job and then the subsequent rubbish by the 2 employees. Both thought it was a 1st class job until the faults were pointed out. Then the measure-up guy blamed me and the fitter blamed the measure-up guy.

 

I'll leave it until I get a reply from the owner/manager. Until then, I still have my messy carpet with photo evidence.

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Hi Ruralgirl,

 

Can definately see what you mean in your photo (tho I can also see why a man might think that's ok :D).

 

The fact that the fitters are employed by the shop & the receipt was from the shop is good news for you, I would say. You're more likely to get resolution from them than just the fitter. Compose your letter, post it on here if you want some 'impartial eyes' to be cast over it before sending, and, as Bankfodder said, they can sort it out between themselves.

 

The owner lives in Spain? - blimey, we never did that well out of it! Mind you, we wouldn't be trying to pull the wool over your eyes like this lot seem to be doing. Perhaps that's why!

 

Do keep us informed.

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