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    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
    • also just to clarify is it required that I physically post to both the county court and Evri? I read in another thread you can just email Evri a copy since they will just rescan whatever you post anyway (if they even read it)
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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.

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      Many thanks 
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    • 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
        • Like

Cahoot charges


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12/03/06 - Initial letter sent to reclaim £900.00 in applied 'unauth overdraft fees' + 8% apr interest.

 

20/03/06 - Email received from Cahoot customer service relationship manager:

 

' I refer to your letter dated 8th March 2006 regarding your cahoot current account. I've taken ownership of your specific case to provide a response to the issues you've raised.

 

We don't accept that the cases that you mention apply in this situation or that Abbey's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations wasn't price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

 

It is well known that banks make charges and Abbey's charges are in line with those of other banks. The terms and conditions of the account and the charges that apply are clear and fair and were provided to you at the time you opened it. You freely agreed to the terms and conditions and the charges when you opened the account. You were not under any obligation to do so and could have gone to another bank if you did not agree to the charges. Equally, you are free to move your account to another bank at any time if you do not agree with the charges.

 

After checking all of the statements issued on your account since it was opened, I can confirm that a total of exactly £900 has been debited for exceeding your agreed overdraft limit. For the above reasons I will not be reimbursing any of these charges. I am sorry that I cannot be writing on more of a positive note and apologise for any disappointment that this may cause. If you still require copies of the statements attached to your account, please email me accordingly.'

 

21/03/06 - Summary Cause Summons drafted and posted to local Scottish Sheriff Court

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We don't accept that the cases that you mention apply in this situation or that Abbey's charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The object of these Regulations wasn't price control nor were they intended to interfere with people's freedom to agree the terms of their contracts.

 

Well, they might not accept it, but I sure hope they are willing to put their lack of acceptance in the hands of a judge!

 

As for their interpretation of the Regs 99, priceless!

 

Could you forward me a copy of the e-mail to:

 

[email protected], pls?

 

Well done with the swift action, btw! :D

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Yeah, you would think that they would try a bit harder to defend themselves.

 

How long does it take roughly for the response from the court then? I assume the court contacts the defender (Abbey) and serves them with my claim?

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Hello,

 

I requested £900.00 back from Abbey (Cahoot Credit Card). They refused so I have submitted a 'Summary Cause Summons' (Scottish law if over £750) to reclaim this amount.

 

Will keep you posted on the outcome.

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Hello,

 

I requested £900.00 back from Abbey (Cahoot Credit Card). They refused so I have submitted a 'Summary Cause Summons' (Scottish law if over £750) to reclaim this amount.

 

Will keep you posted on the outcome.

 

Great - but you have hijacked another thread. PLease could you start your own thread in Other Institutions. A separate Cahoot forum will be started soon.

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Sorry, I thought that members could post their own claims and details so that others may feel supported and drwa from other examples.

 

Didnt realise it was 'Hijacking'!

 

Yes please post your claims but please start your own thread. Any post regarding your claim should be in that thread.

 

If you feel you have someting to say about someone else's claim, feel free to post in that thread.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

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That's exactly what will happen.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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  • 2 weeks later...

Hi there,

 

I submitted a Summary Cause Summons to reclaim cash back from Cahoot, but its been returned as I have not corrected named who I am raising the claim against.

 

Can anyone help with who I should name and the address for court action?

 

Thanks,

 

Dominic

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What about the back of your statements? They usually have the whole name and address (well, my other cards do).

 

Or maybe try to check the Cahoot site? They would have a "about us" or something like that.

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Hi there,

 

No I looked on the back of some Cahoot correspondence and found the actual Prudential head office address in London, so have raised an action in sheriff court using this address as the defender.

 

Would like to hear from others who have been successful with Cahoot though to check this is correct.

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  • 2 weeks later...
  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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