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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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Capital One: in default of SAR


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Well, they will be if nothing drops through the door tomorrow.

 

I'm hoping to obtain copies of all communication sent to me from Capone, to show that they improperly served a default notice.

 

What action should I take if a huge wad of paperwork doesn't fall through my letterbox tomorrow; fire a letter reminding them they should have sent me all they have, or go straight down the complaint route?

 

Also, if I do get a response from them, what might be in it? I wonder if it'll be every single thing they have on me, or just copies of statements like Nat West did a couple of years ago when I claimed my bank charges back? Or do companies realise we're after more than just statements these days?

 

I guess 40 days isn't enough to get their stuff together, maybe they're hoping I've forgotten! :)

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They don't know which planet they are on never mind what an SAR is. If they sent you the same "Statement of Default" (note - not "Default Notice") they sent me. which has as much legal value as bog roll, then terminated your account, you have won. Silly CrapOne!

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I did get a default notice ages ago, can't remember the wording on it now. It was before I found CAG, and I didn't keep it, hence the SAR. I do remember that when the debt was sold to Robbers Way it *was* improperly served; no letter from Capone, letter from RW sent 2nd class IIRC, deffo nothing by recorded delivery. I just can't prove it right now.

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You should give them a further two weeks to comply, and then seek an injunction in the County Court (using form N208 ).

 

The Information Commissioner has no penal or enforcement function so, although you can (and should) complain to them that is merely added to the record so to speak. You have to do real enforcement yourself.

Edited by palomino
Tried to fix the smiley problem

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I took CAP1 to court for not fully complying with my SAR, they hadnt send me details for my PPI nor any signed agreements.

 

I sent a LBA then filed an N1 at court, cost me £30 I also claimed for costs for about £45. They initially said they were going to defend then a week or so later they sent me a letter and a cheque, they then forwarded on the information that I was missing.

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You should give them a further two weeks to comply, and then seek an injunction in the County Court (using form N208).

 

The Information Commissioner has no penal or enforcement function so, although you can (and should) complain to them that is merely added to the record so to speak. You have to do real enforcement yourself.

 

Morning all, isn't N20 a witness summons? :confused:

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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I took CAP1 to court for not fully complying with my SAR, they hadnt send me details for my PPI nor any signed agreements.

 

I sent a LBA then filed an N1 at court, cost me £30 I also claimed for costs for about £45. They initially said they were going to defend then a week or so later they sent me a letter and a cheque, they then forwarded on the information that I was missing.

 

Hey Scatz, how do you know you'll be able to claim on the PPI for your card? Is it lump sum, monthly or annual?

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Morning all, isn't N20 a witness summons? :confused:

 

Probably.

 

Blame CAG for this - I put N208 which CAG then converted N20 plus a smiley.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I think if you put 8 followed by a closing bracket it makes a smiley. Lets try it : 8)

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Yup! That's the critter!

 

Earlier post now corrected.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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All is clear, confusing but cheerful

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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  • 4 weeks later...

Ok, these guys have had long enough to comply; I've had my SAR information through but I cannot find any copies of correspondence re. default or being passed on to RW other than in the control codes on the account. Certainly no letters.

 

I'll be writing to Capone in the morning requesting they send me copies of default notices, notification that the debt had been sold to RW etc.

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