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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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      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.

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Private Parking Fine - I have the ticket


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hello the trolls escaped.

 

 

here perky....here boy

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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eh! do you think he must be getting near to his holiday and not got enough money to go.....

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ernest is leaving. It's past his bedtime.

 

Goodnight, Ernest. Sleep tight.

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dam i missed the countdown this time :D

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Here are the signs at the car park:

 

dsc05430ag.th.jpgdsc05431a.th.jpg

 

mmakov, the second sign in this quote. Is the "S" in the bottom right the beginning of "South West Trains" by any chance. If so, then this may not be as straight forward as a normal PPC route of ignore.

 

I'll expand more if the above is true.

 

 
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It;s irrelevant. Regardless of any signage, the ticket has been issued on the basis of contract with threat of civil court for recovery of non-payment - standard PPC cr*p and the usual unenforceable invoice.

 

For it to be a breach of bye-law issued ticket, under the auspices of the railway company, it would need to state that it would progress to Magistrates' Court as a criminal matter.

 

A breach of railway bye-law ticket is exactly the same as a Fixed Penalty Notice - you either pay or go to criminal court. The example that mmakov has is patently not such a thing.

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Hmmm, still mixed reactions.

 

It's 7 days tomorrow since I received the charge notice, I was thinking about appealing it as a last option but have realised it would be a waste of time. Not only will they not respond within 7 days, sending the charge up to £80 but they will probably ignore it anyway.

 

I guess my choices are pay up or ignore it and run the risk. Seems like a big risk as it's a railway.

 

What would you guys do in my situation?

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mmakov, do a search on PePiPoo for South West Trains CP Plus.

There is a threrad on there that almost mimics your situation and makes very interesting reading. Blade Runner is the OP.

 

Net result would appear to be in agreement with patdavies and others on here that the ticket is unenforcable.

 

I have a write up to post, but it is on my home PC. I'll post it later but it basically covers what is already in the PePiPoo thread.

 

 
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Okay, first a link to the thread I mentioned above (CP Plus Charge Notice getting heavy handed - please help - FightBack Forums).

 

And another I came across looking for the link, which is exactly as per your issue (CP Plus ticket in Wokingham train station car park - FightBack Forums).

 

No point in going into further detail, these two PePiPoo threads say it all.

 

 
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I received a ticket from MET parking despite having a valid ticket. Surprise, surprise, when I appealed, my objections were ignored and the ticket doubled along with legal threats. This is like having the prosecution counsel acting as judge! They also sent me a very wide angle shot of my car which does not prove anything, as you cannot make out what is displayed on the dashboard. I am relieved to learn that they will not take me to court, but I can't see how they could possibly win in any case as I'm in possession of the pay and display ticket.

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I received a ticket from MET parking despite having a valid ticket. Surprise, surprise, when I appealed, my objections were ignored and the ticket doubled along with legal threats. This is like having the prosecution counsel acting as judge! They also sent me a very wide angle shot of my car which does not prove anything, as you cannot make out what is displayed on the dashboard. I am relieved to learn that they will not take me to court, but I can't see how they could possibly win in any case as I'm in possession of the pay and display ticket.

 

having or not a ticket makes no diff, well it does, p'haps being a mug for paying the first place, but why not, its only fair......

 

you must display them using a protractor & at exactly 90% to the windscreen, else you get a ticket.......

 

cough.cough.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They cunningly ask you to return the notice with the appeal, I haven't posted it yet and will fish it out of the envelope. But from what people are saying I shouldn't even bother to appeal. Or indeed as dx100uk implies, in the future park for free with impunity. Seriously??

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the question you need to ask yourself is did a man buttonhole me to sign a contract when i got out of my car...............NO!

 

so all you have there is an unpaid INVOICE for a contract that does not exist!

 

ignore them totally and as the other poster says,........have a giggle at all the threat-o-grams you get.there is NOTHING they can do to you, it is an IMPLIED contract.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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never pay PPCs invoices or contact them or poast any details of the 'incident' of any forum. But you should pay for parking as to not pay could be construed as theft.

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the question you need to ask yourself is did a man buttonhole me to sign a contract when i got out of my car...............NO!

 

so all you have there is an unpaid INVOICE for a contract that does not exist!

 

ignore them totally and as the other poster says,........have a giggle at all the threat-o-grams you get.there is NOTHING they can do to you, it is an IMPLIED contract.

 

dx

 

Take care with this. Very few contracts have to be in writing. The overwhelming majority of contracts formed every day are not and do not need to be.

 

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never pay PPCs invoices or contact them or poast any details of the 'incident' of any forum. But you should pay for parking as to not pay could be construed as theft.

 

Lamma, are you suggesting that parking companies read consumer forums and use it in evidence against people?

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Lamma, are you suggesting that parking companies read consumer forums and use it in evidence against people?

 

There was a thread to do with credit reference agencies and their right to process data.

The company told the judge that their were posts on this forum. They also tried claiming copyright breaches with regards to their own letters being publically posted.

 

I believe the thread was made private.

 

Companies do read these forums (regardless of what the sites terms and conditions allow).

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Lamma, are you suggesting that parking companies read consumer forums and use it in evidence against people?

 

 

Of course they do all the time In fact there are some here who are not who they seem;)

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never pay PPCs invoices or contact them or poast any details of the 'incident' of any forum. But you should pay for parking as to not pay could be construed as theft.

 

No it can't:roll:

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I was just looking at the British Parking Association website, and apparently they hold annual industry awards ceremonies. Blimey, I wonder what the categories are. Best clamper of the year? But they've cancelled the event this year because of the downturn.. Shame!

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Natwestlondon check out the bbc news today regarding Clamping, its about to get a lot worse for them :rolleyes:

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Help Our Hero's Website

 

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