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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CARPHONE WAREHOUSE - Repair Issue


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HELP!!! I have a contract through carphone warehouse, My phone became faulty and wouldn't charge, i took it in to the store where they sent it off for repairs as it was still under warranty.

 

17 days later after many phone call my phone was repaired. I picked the phone home and it worked fine, after 5 mins it started beeping saying battery low, i put it on change and to my shock it wouldn't charge, the phone died and i could not turn it on.

 

I went back in to my store and they informed me they would send the phone off as an urgent repair as it hadn't been fixed after they had it 17 days. I called many times and was told it was being looked at.

 

I called this morning and was informed it was in on the delivery 14 days after being handed in (in my eyes that's not a urgent repair!) I asked for the shop to get a charger to prove to me it works, which they did, charging fine.

 

I have just got home and while playing on the phone i have now realised the camera does not work! it just loads up with a black screen and freezes, which it never done when it went in, As you can guess at this point im not happy!!

 

I called head office and was told all they could do is book it in for another repair if i took it back to store tomorrow. I cant keep taking time off work to go to my store

 

Surly under the consumer rights act this phone is classed as unfit and should be replaced??? Its been over a month i have been paying but not had the phone, now they expect me to put it in for another repair and i will be another how ever many days with out it

 

Some one please give me some advise????

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Hi BezZek and welcome to CAG.

 

Can you confirm how old the phone is and whether you have any insurance on it.

 

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