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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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    • 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.

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      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.

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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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Which is the best approach?


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The more threads that I read the more confused I become!:-?

 

So several questions in one post:wink:

 

I am not in default with any of the cards but am only able to pay the minimum sum requested every month-interest rate now in the high 20's!:(]

 

I would like to reclaim charges against my credit cards [i need the statements] so which is the recommended procedure or the one that is the most successful?

 

I would like a copy [fat chance I know:)] of my CCA so is it the £1 postal order route or a Subject Access Request or is it now recommended to go straight to the CPR or is it an advantage to ask for the CCA & SAR at the same time albeit sent as separate requests?

 

As I have both Visa & Mastercards with Barclaycard, would a separate request -and duplicate fees?- be required for each one?

 

Dependant on the answers to the above,would they apply to any or all credit cards from other issuers?

 

PPI is not an issue as I have successfully claimed on several occasions and it has proved to be very useful.

 

Thanks for reading and thanks in advance for any advice

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What are you looking to do with the credit card? Are you looking to reclaim charges and therefore reducing the balance of the card? Or are you looking at whether the credit card is enforceable?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Both--reclaiming the charges would appear to be relatively easy from the posts that I've read and if there was a possibility of testing/disputing the enforcability of the agreement I would like to persue that avenue.

 

[if they didn't keep increasing the interest rate and banging on late charges then I wouldn't be considering this action!]

 

I've had the cards since the 1990's [possibly longer,I don't remember!] so I presume that if BC have problems locating agreements taken out only a few years ago finding mine might be a difficult task for them.

 

If I requested a SAR from Barclays PLC could I require them to supply me with everything that the PLC hold on me fot the one £10 fee ---viz. all information to do with my credit cards as well as all the information relating to my business bank account which was terminated by them in 2006?

[loads of charges there that I might still be able to reclaim?]

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As you're not in default as yet, send the SAR. you won't need to CCA as well as the creditor will have to send everything they have.

 

This will get you back statements, agreement, screenshots in fact your life in print.

 

Usually the golden rule is not to sign anything but creditors are starting to demand signatures so my advise would be to sign but put a couple of lines through it as well

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Thanks silverfox-I'll do that but to which address should I send the SAR please?

 

Do I have to specify how far back a time frame for this information or will they just send me the last 6 years worth?

 

Should I be specific with want I want to receive or are they ''legally obliged'' to send me everything including copies of internal memos and emails,dates,times and notes of telephone calls as well as the more obvious like the statements etc.

 

Do they have to include copies of cheques and all or any recorded telephone conversations--or can they pick and choose what to send?

 

Should give me a zillion pages to peruse this summer!

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In your SAR put both account numbers, they have to supply all the info for one fee (£10)

 

Be as specific as you want. I don't think they'll be able to send copies of cheques you have written but you should state what you want- manual intervention on the account, phone recordings in fact everything they have. They have a duty to go back as far as possible even if that is more than 6 years although you can only reclaim charges going back 6 years.

 

Check their website out for a suitable address

If you are asked to deal with any matter via private message, PLEASE report it.

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Just had a look and this is what I've come up with.

 

Terms of Use - Barclaycard

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks silverfox and thanks for the link-will invest £10 tomorrow.

 

As going back 6 years is the claimable time frame I'll probably just ask for that--if I had all my [bank] statements going back to year dot I think I'd only upset myself if I totalled up all of their charges :mad:

 

OR

 

I could be bloody minded and insist on everything-every little scrap of info over 20 odd years [and more] and give them the option of wiping my slate clean instead of having to spend a great many man/woman hours collating such a pile!---[i'm sure that I could find many omissions in whatever they send me if I tried to!]

 

On a lighter note if/when the majority of the bank's customers ask for a SAR they would logistically be unable to comply--could that bring about a reform to the legislation regarding Subject Access before the banking system as we know it caved in?

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Thanks silverfox and thanks for the link-will invest £10 tomorrow.

 

As going back 6 years is the claimable time frame I'll probably just ask for that--if I had all my [bank] statements going back to year dot I think I'd only upset myself if I totalled up all of their charges :mad:

 

OR

 

I could be bloody minded and insist on everything-every little scrap of info over 20 odd years [and more] and give them the option of wiping my slate clean instead of having to spend a great many man/woman hours collating such a pile!---[i'm sure that I could find many omissions in whatever they send me if I tried to!]

 

There is no chance of them having the info that far back

 

On a lighter note if/when the majority of the bank's customers ask for a SAR they would logistically be unable to comply--could that bring about a reform to the legislation regarding Subject Access before the banking system as we know it caved in?

 

Just having a look out of my window and I can't see any flying pigs yet :D

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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There is no chance of them having the info that far back

They probably have it, or access to it, but we'll never see it !!:mad:

 

Concentrate on the 6 years of charges.

 

Use the address on your monthly statement for now.

 

If you come to take court action, or pre-court action (eg making a CPR request), you must use their formal name and London address.

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