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    • No, do the section 75 chargeback to your credit card provider.
    • See what dx thinks but it seems to me that sending a photo of your own pass isn't relevant to what happened. Let's wait and see what he says. HB
    • 1st letter image.pdf1st letter 2nd page.pdf
    • Many thanks for the replies and advice!   I what to send this email to the Starbucks CEO and the area manager. Your thoughts would be appreciated.   [email protected] [email protected]   Re: MET Parking PNC at your Starbucks Southgate site   Dear Ms Rayner, / Dear Heather Christie,   I have received a Notice to Keeper regarding a Parking Charge Notice of £100 for the driver parking in the Southgate Park Car Park, otherwise infamously known as the Stanstead Starbucks/McDonalds car park(s).   Issued by: MET Parking Services Ltd Parking Charge Notice Number: XXXXXXXXX Vehicle Registration Number: XXXX XXX Date of Contravention: XX.XX.XXXX Time: XX:XX - XX:XX   After a little research it apears that the driver is not alone in being caught in what is commonly described as a scam, and has featured in the national press and on the mainstream television.   It is a shame that the reputation of Starbucks is being tarnished by this, with your customers leaving the lowest possible reviews on Trustpilot and Trip Advisor at this location, and to be associated with what on the face of it appears to be a doubious and predatory car park management company.   In this instance, during the early hours of the morning the driver required a coffee and parked up outside Starbucks with the intention of purchasing one from yourselves. Unfortunately, you were closed so the driver walked to McDonalds next door and ordered a coffee, and for this I have received the Notice to Keeper.   It is claimed that the car park is two separate car parks (Starbucks/McDonalds). However, there is no barrier or road markings to identity a boundary, and the signage in the car park(s) and outside your property is ambiguous, as such the terms would most likely be deemed unfair and unenforcable under the Consumer Rights Act 2015.   I understand that Starbucks-Euro Garages neither operate or benefit from the charges imposed by MET Parking. However, MET Parking is your client.   Additionally, I understand that the charge amount of £100 had previously been upheld in court due to a ‘legitimate interest in making sure that a car park was run as efficiently as possible to benefit other drivers as well as the local stores, keeping cars from overstaying’.   However, this is not applicable when the shop or store is closed (as was the case here), as there is no legitimate interest. Therefore, the amount demanded is a penalty and is punitive, again contravening the Consumer Rights Act 2015.   As the driver’s intention of the visit was genuine, I would be grateful if you could please instruct your client to cancel this Notice to Keeper/Parking Charge Notice.   Kind regards
    • I received the promised call back from the Saga man today who informed me that the undertakers have decreed it IS a modification and they will need to recalculate a quote individually for me. However it all sounds very arbitrary. The more I think about it, and with help from forum replies, the more I am sure that it is not a modification. If for example the original seatback had become damaged by a spillage or a tear, I would be entitled to replace it with the nearest available part. The problem is when it comes to a payout after an accident, there is no telling what an individual insurer will decide when he notices the change. I am still undecided which of the two best routes to go with, either don't mention the replacement at all, or fill in the quote form without mentioning, and when it comes to buying the insurance over the phone, mention it at the time.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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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.
      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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I tackled the bailiffs before I found CAG.(duh!!) I found this site quite helpful for what they can and can't do...

 

http://www.bbc.co.uk/cbeebies/teletubbies//bailifffeecomplaints_howtocom.htm

I fully intend to subject access ALL bailiff companies that have EVER visited me... with a view to getting my bl**dy money back!!

 

In the meantime, I know bailiffs are a scary prospect... I was terrified of answering the door.... but Knowledge is power... and you are in the right place to get plenty of good advice.

 

 

:eek::eek::eek: SOOO sorry, just checked that link and was stunned to find the telly tubbies.... no idea how that happened, :lol:

 

OK, just tried it again, and I don't know whats going on, but when I copy the link, it changes to telly tubbies.... so try just typing the address into your browser...:mad::mad::mad:

 

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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Guest Happy Contrails
I fully intend to subject access ALL bailiff companies that have EVER visited me... with a view to getting my bl**dy money back!

 

 

Sending a SAR to a bailiff for a breakdown of his fees is wasted energy. The Data protection Act 1998 is all about accessing personal data about you that someone is holding about you. Personal data is defined in the Act and does not include what fees a bailiff has charged you. You already know what fees a bailiff is allowed to charge you because its all prescribed by law, so a SAR will not tell you anything useful, the bailiff will just bank your £10 fee cheque and send you an A4 of fiction. Use this letter to fix bailiffs fee irregularities.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

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