Jump to content


  • Tweets

  • Posts

    • Jasowter I hope that common sense prevails with Iceland and the whole matter can be successfully ended. I would perhaps not have used a spell checker just to prove the dyslexia 🙂 though it may have made it more difficult to read. I noticed that you haven't uploaded the original PCN .Might not be necessary if the nes from Iceland is good. Otherwise perhaps you could get your son to do it by following the upload instructions so that we can appeal again with the extra ammunition provided by the PCN. Most of them rarely manage to get the wording right which means that you as the keeper are not liable to pay the charge-only the driver is and they do not know the name and address of the driver. So that would put you both in the clear if the PCN is non compliant.
    • Thank you so much. Yes, I wish I had done my research and not paid. It's all for the same car park. Here is one of the original PCNs, they are all the same bar different dates. PCN-22.03.24-1.pdf PCN-22.03.24-2.pdf
    • Hi Clou, Welcome to the Forum and thank you for reading first before you posted. There seems to be many problems with Cornwall and getting a signal to use your a phone which could be why these parking companies don't use alternatives. It is a shame you paid the first one as you would probably have not had to pay that one either.  Was the car park at which you paid the same parking company as the one sending you these PCNs? On the subject of PCNs could you please post them up so we can see if they comply with the Act.
    • 1 Date of the infringement 16th March   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd March   [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s   3 Date received unsure   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] UNSURE   5 Is there any photographic evidence of the event? Yes   6 Have you appealed? [Y] post up your appeal] Yes. Stated incorrect location was used in JustPark app as honest mistake. Rejected of course.   Have you had a response? [Y/N?] post it up Yes, rejected:   Site: Sea View Car Park, PL27 6SR Date of Event: 16th March 2024 We are in receipt of your challenge in relation to the above Parking Charge. Appeals must be handled in a fair and consistent manner, therefore, in order for us to cancel any Parking Charge; it is necessary for us to find that the Notice was issued in error. As per the clear and prominent signage at this location ('The Contract'), drivers agree to pay the sum of £100 if 'A valid ticket is not displayed face-up on the dashboard; enabling all of the printed information to be inspected'. 'The Contract' also details that there is an exception for those with a valid mobile session in place. Had the driver felt that the terms of the contract were unacceptable, they had the option to seek alternative parking. By remaining, the driver is deemed in law to be bound by the terms of 'The Contract'. Our photographic evidence confirms that a valid ticket was not displayed, and a search of our records confirms that no mobile session was in place for the registration XXXX at this location; therefore, your appeal is declined. We note that you have submitted evidence of payment; however, said payment is not for this location. It may be the case that you feel that the charge is unfair; however, there is no legal basis to now reject a charge that the driver has already agreed to pay. In light of the above, the sum £100.00 is payable by 21/05/2024 or £170 thereafter. Our internal appeals procedure is now exhausted, our decision is final; therefore no further correspondence other than payment will be addressed or responded to. Should you disagree with our decision, you may submit an appeal to 'The Independent Appeals Service'; full details are on the rear of this letter. 7 Who is the parking company? Alliance Parking LTD   8. Where exactly [carpark name and town] Sea View Car park, Polzeath, Cornwall   For either option, does it say which appeals body they operate under. IAS Hi there, thanks in advance for any help on this.   Had 3 'PCNs' in post from Alliance for parking 3 times over a period of two weeks, unfortunately we were away from home so letters must have come over the two weeks but we received all at once if that makes sense. I realised I had used the wrong location on the car park app. The signs are not clear what the location is called (no code.) I only had receipts for two instances so I assume the first it didn't go through as had terrible signal. Paid £60 for one of the fines. Appealed the others saying it was an honest mistake and not very good signage (unfortunately submitted on their website and have no evidence of my appeal.) received the rejection of appeal as above.   Have now received the attached letter of claim. I have done some research for the amazing snotty letters but wonder if someone could kindly help me with writing one specific to my case? Thank you so very much in advance. LOC-alliance-1.pdf Apologies, 2nd page of LOC here. LOC-alliance-2.pdf
    • Would still like to see the court bundle  Any part ex as deposit or any deposit paid on the agreement does imo count towards the one third or the half in the case of a VT
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Can someone please help me with how to proceed


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5595 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

Hi all.

 

I was wondering if anyone could give me some advice on the following problem. I will try to detail everything I can to the best of my memories but as I was not aware of the situation until recently I have not kept track of things as well as I would have liked.

 

In January of 2008 I took over my ex-partners tenancy when he moved out. All utility bills were in his name. He was getting electricity and gas supplied by NPower (both prepayment meters). An EDF door to door salesman called to my home a few days after I took over the tenancy and after talking the various options through with him I decided to change to EDF for both gas and electric and the salesman told me that EDF would handle the transfer with regards to NPower. All seemed to go fine and I recieved a letter form EDF stating the transfer was succesful and I would be switched to them after 28 days. I then received the EDF prepay gas card and electric key which I have been using since. Everything seemed to have been straight forward and I was relieved because I knew how bumpy energy transfers can get. I let my guard down too early it seems.

 

I recently noticed that when I was putting my gas card in to my meter to top up I was being charged for debt. I phoned EDF to query the debt expecting it to be an innocent error only to be informed that My gas was not being supplied by EDF as NPower had raised an objection to the transfer because of debt way back when the application to change was made by EDF and I was still being supplied by NPower. The man an the phone from EDF said NPowed should have informed me of this a long time ago as I was NPowers customer. I have to point out that EDF have been as helpful as I could have hoped on the matter but they say that there isn't anything they can do and that the matter needs to be resolved between NPower and myself. I contacted NPower by phone. I explained to them that I had a prepay meter and couldnt understand how any debt could have came about. They told me that the debt was that of my ex partners and he would have to contact them to resolve the issue. He phoned them and explained that he had left the property in January and they informed him that "I "should have told them in January and "I" would have to phone them to resolve the matter:?. But I did inform them, though indirectly through EDF, they were still informed . EDF contacted them to finalise the switch like they told me they would but NPower objected and "they" never informed "me" about it. Anyway we both were sick and tired of NPower telling us that the other would have to phone that we phoned them while we were in the same room. They didnt seem to like this;). My ex started the conversation with the man from NPower explaining again what the problem was stating he was accepting full responsibility for the debt and would arrange to pay it only to be told again that I would have to contact them. The man seemed shocked when he passed me over and after proving I was who I said I was with the usual security questions he didn't seem to know what to do or say (they musn't have a script for when this happens lol). I explained that what I wanted was to be allowed to change to EDF and any debt I have paid on my meter that I did not owe to be refunded to me in full. My ex explained that what he wanted was to make arrangements to repay the debt that he owed and that as the two problems were that of two completely separate customers that it be treat as so and that I am allowed to make the transfer to EDF. Seems reasonable enough you would have thought but no. Now the man says that he "advises" (I asked for the correct procedure to have things rectified but he could only "advise" me) that I send my tenancy agreement to NPower with a letter explaining the situation. thats us up to speed.

 

Where do I go from here? Should I follow the mans advice and send my tenancy agreement (I understand that if I do it should be by recorded delivery but does that cost much?) or go another route. I'm not even sure if they are allowed to ask for my tenancy agreement, I thought it was a private agrement between me and my landlord so I don't know wether to send it or not. Citizens Advice say they don't deal with NPower, I cant afford legal support as I am on benefits and I dont know if legal aid extends to this sort of thing. Is there something I should do to protect my self? of an order of things to do that I should follow to avoid getting things wrong? I'm so sorry its a such long post but I really needed to get it off my chest, I'm so frustrated I'm almost at the point of bursting into tears. I know some will see this as trivial but It just seems like NPower have me trapped somehow and it makes me feel physically and mentally trapped. I just wanted to change to EDF.... a simple girls simple request.

Link to post
Share on other sites

The problem stems from the fact that NPower did not know that you had "moved in"/taken responsibility for the property and therefore kept the previous account (that of your ex-partner) active; this account has a debt on it so they objected to the transfer. Quite surprised that neither company wrote to inform you that the transfer would not go ahead though.

 

What should have happened:

 

 

  1. You "move in" and contact Npower to advise of this
  2. They create a new account in your name (no debt)
  3. You choose to move to another supplier
  4. 28 Days later the supply moves.

 

Without step 1) & 2) the whole process falls down.

 

With regard to sending a copy of the tenancy agreement, I would suspect that Npwoer are a little wary as sometimes people do try to change the bills to another name (that of someone who was actually living in the property already) to avoid the debt. I'm not by any means inferring that this is what you are doing, just pointing out why they would ask for proof. It would also not be unusual for them to ask for a copy of your ex partners documentation showing the termination of his tenancy.

 

Can you clarify if the debt was accrued whilst you were living in the property with your ex partnter (if indeed you were at all). If you were, then you enter into the murky area of "Joint and Serveral Liability" - which I'm not saying any more about unless needed as it always seems to be a bit of a contentious issue on these forums!

 

The long and short of it is, send them proof of when your responsibility for the utilities began and they should be able to sort the account out with relative ease.

Link to post
Share on other sites

Ok are you and your partners surnames the same

If you informed them that you are now the owner of the property and that you pay all bills from the date you moved in your are free to choose who supplys you

lets look at a example you move home ring swalec up and say just taken over a new house and will be moving in on monday YES SIR FINE NO PROBLEM

if passed tenants(because thats what you partner is)owes money do swalec on anybody think you should pay its down to them to chase all other debts

contact consumer direct on 08454 040506 as they deal with all energy complaints now

Regards dk

Please Tip My Scales if Info was Use full

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...