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nothing, its not a letter of claim, which you of course have been reading up about in the last month during your SELF HELP using this site......and not just vanishing doing nothing.... -
Hello, Today I received an email with the Mediation Appointment Confirmation date. It is by telephone. This is set as a week Wednesday on the 19th June. It is likely I will be away working, but it doesn't seem they will take that as reason to reschedule the appointment. How do I go from here? It seems to have arrived sooner than I expected! Am I prepared? Doesn't feel like it! What's my course of action please? -
By lookinforinfo · Posted
The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] it should specify the period of parking. It doesn't . There may be times on the photos but they do not qualify as the photos are separate from the PCN. In any event between the times shown on the photos and on the PCN [four minutes '] it is not long enough to have issued a PCN unless they have other photos showing your car was there for longer. Under S9 [2][f] it states (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; They have missed out the words in brackets. Either of those two failures mean that the keeper cannot be held liable for the charge. Only the driver is liable. As long as they do not know who was driving they will have great difficulty in winning should it ever get to court. Especially as the Courts do not assume that the keeper and the driver are the same person. You are right too about their signs being poor. First there is nothing at the entrance of the complex that it is private land with parking restrictions. {Well it didn't according to the pictures I saw taken in 2022 and that may have changed]. Second the font size is too small to comply with regulations. Because you cannot park there without a permit the signs cannot offer a contract to you . You were therefore trespassing which only the land owner can pursue you for. -
By PCNWarrior · Posted
Good Evening I received a "Final Notification Letter" today as attached. Please advise on what I should do next. ECP Final Notification Letter_22225201.pdf -
By PCNWarrior · Posted
This was on behalf of someone else and I haven't heard from them on the current status. They didn't know you had to pay for parking so unlikely there is a case. I've asked for the other side of the notice but they haven't provided it yet so there's nothing more I can do at the moment.
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Our picks
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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CAG on OFT result -Radio 5 Live
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