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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      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.  

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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.
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      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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This may help someone who is dispute with Bank over poss card cloning


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Me and Hubby bank with the co-op and they have already alerted us to a cheque transaction for 9,000 which was from a stolen cheque book.

 

Today my husband got an automated phone call saying there might have been unlawful use of his card, the call asked him to listen to recent card transactions and to press to speak to someone if any transaction didnt match up with known purchases .

 

In fact there were 4 1 for £3.01 for a computer shop - 2 1p transactions for a well known mobile phone shop ( am I allowed to say who they are) and the biggy £600 for a catalogue shop.

 

When my husband spoke to the Bank it seems that their suspicions were aroused by the 2 1p purchases obviously from the cloner ( with help from a staff member) checking the pin worked

 

This may help someone who is in dispute with their banks , if they find the same very small amounts taken out before a large amount it may be the same type of thing and I am assuming if the co-op get suspicious then other banks should also have the same type of security checks

 

As it was all the transactions happened today and my husbands card was blocked so we have not lost anything, but I know some people are not as lucky so hope I have helped

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  • 2 weeks later...

Useful they trapped this - however interesting they didn't rely on the usual stance that there had been a PIN disclosure and you were on your own. Unfortunately, under the T&C's chip and PIN operates under, consumers are always disadvantaged.

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  • 4 months later...

I was just reading this post.

 

The type of transactions look to be whats classed as CNP (mail order) card holder not present fraud and most probably done over the internet.

 

A website will normally do a check on the card for a small amount to make sure its a valid card number and everything matches up. Usually a fraudster will do this to check the card works and try to guess the CVV number. Once a small transaction is made a bigger transaction is then tried.

 

All backs use the same fraud systems.

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When my husband spoke to the Bank it seems that their suspicions were aroused by the 2 1p purchases obviously from the cloner ( with help from a staff member) checking the pin worked

 

Be careful here! Staff members don't know your pin numbers only you do so unless you have proof I'd reconsider that statement.

 

Its nice to see that banks do look after our interests sometimes.

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Buzby the pin number is not used in mail order transactions. Which is the type of fraud that was committed.

 

As for the bank checking on the fraud yeah they are looking after you all but also in away they are covering there backs too.

 

I spent a few years when I still lived in England working in the fraud department for a bank and I know how every works and how the banks find fraud.

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Of course they are looking after their own interests as well, why shouldn't they.

 

I think the point that buzby was making was that banks usually hide behind the "you must have disclosed you PIN as our systems are foolproof" defence. It's very refreshing to hear that they didn't do this.

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