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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • HP Mum
      my Leasehold/Freehold property and it's issues.

      By HP Mum · Posted

      I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • dx100uk
      Spam post by Corporate Debt Recovery - What is the most frustrating experiences customers say for the reason they can't pay

      By dx100uk · Posted

      so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • NewsBot
      The West says China makes too much. Its workers disagree

      By NewsBot · Posted

      Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • lookinforinfo
      UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***

      By lookinforinfo · Posted

      You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • FTMDave
      UKCPM/gladstone 2*MNPR vanishing windscreen PCN's claimform - Ltd business hire out of our vehicle - PHOENIX AVENUE, GREENWICH PENINSULA (PATROL) SE10 0ER, - WS Stage

      By FTMDave · Posted

      It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Excel Parking ticket

markw123

By markw123
in Private Land Parking Enforcement

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markw123

markw123

Posted
Posted (edited)

:mad:I recently parked in a free parking space in a leisure/retail park after having a sandwich from McDonalds (part of the leisure park) - which I ate in the car. I checked the parking sign above the car to see if there was a time limit but there was not. I walked across the road to sit an exam. After the exam I then walked back over the road, into American Golf Discount store (part of the leisure park) and back to the car.

I found that I had received a PCN for £60 for leaving the leisure complex and video evidence taken.

 

Apparently the car spaces are only to be used for the leisure park but the sign above the car made no mention to that. Apparently there are other different signs dotted around the car park with the Leisure park stores logo - however it was not clear that this meant cannot leave the leisure park - (technically I did use the leisure park services twice.

 

I could not afford the £60 within 7 days, and refuse to pay a £100 fine now. I have received 2 letters since threatening court action. I feel a bit conned by the whole event as it was unclear that you cannot leave the leisure park complex.

 

Any advice? Is this enforceable? Should I write to them? Should I pay? PLease help!

Edited by markw123
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Blagton

Blagton

Posted
Posted

Any advice? Is this enforceable? Should I write to them? Should I pay? PLease help!

 

Don't write to them - you will be seen as a fish starting to bite the bait.

 

As you will have probably read already the advice would be the same as with all other PPC Invoices:

 

1. Ignore

2. Ignore

3. Return to Step 1

 

If you haven't already expect a letter from Roxburghe "Debt Collectors" suggesting they will pass things along to their solictor if you don't pay. Ignore - its part of their "business plan" to make you think you have no option but to pay.

 

After that expect your file to be moved accross the office to another desk and then receive perhaps two letters from a solictor using the name Graham White (aka Micheal Sobell) suggesting if you don't pay they will consider legal action and nasty things will happen. You might notice that the phone number for Roxburgh is one digit different to that of Micheal Sobell. Strange eh ?

 

After that it would seem you won't receive anything else - you become a fish that got away.

 

It was a free carpark - they didn't incur any losses. You don't owe them anything.

 

Read up on Private Parking Companies (PPC's) on this and other forums - understand how they work - in a nutshell scaring people into paying money.

 

What is just as concering is that the DVLA are as complicit in this whole [problem] as the likes of Excel as they are quite happy to reap a few pounds for every Registerd Keepers Details they provide to these PPC's on the basis they have "Due Reason" despite the fact many would argue it is a against the Data Protection Act and they have no reason to supply this information.

 

If your going to write to anybody send a letter to your local MP demanding action that the DVLA should be stopped from doing this.

 

Remember that whilst it is presented to you as a PCN it IS NOT A Penalty Charge Notice - something issed by the Police or Council which would be a different ball game alltogether.

 

HTH.

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letshelp

letshelp

Posted
Posted
:mad:I found that I had received a PCN for £60 for leaving the leisure complex and video evidence taken.

 

It's evidence of nothing.

 

I could not afford the £60 within 7 days, and refuse to pay a £100 fine now.

 

It's not a fine, it is in fact no more than a begging letter.

 

I have received 2 letters since threatening court action. I feel a bit conned by the whole event as it was unclear that you cannot leave the leisure park complex.

 

If they had any chance of 'court action' do you really believe you would get letter after letter?

 

Any advice? Is this enforceable?

 

No

 

Should I write to them?

 

No

 

Should I pay?

 

No

 

PLease help!

regards

Please remember our troops, fighting and dying in our name. God protect them.

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mikeuk2004

mikeuk2004

Posted
Posted

I just received one as I was walking back to my car today. was only gone 15 minutes to get change for the machine.

 

He was writing out the ticket as I got there. I said to my wife to get a ticket and the guy said why bother, let me stick this ticket on your car instead because you can now park for free as you have a ticket already. Like a fool I did then went into the restaurant and ate.

 

I assume he then got his photos. I didnt really think at the time.

 

Ive read all the posts on here saying ignore but not any outcome. How long have people been ignoring and how much extra have they charged?

 

I aint got £60 but feel im going to have to pay it because I dont want to ignore and end up with baylifts coming round.

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Blagton

Blagton

Posted
Posted
I just received one as I was walking back to my car today. was only gone 15 minutes to get change for the machine.

 

He was writing out the ticket as I got there. I said to my wife to get a ticket and the guy said why bother, let me stick this ticket on your car instead because you can now park for free as you have a ticket already. Like a fool I did then went into the restaurant and ate.

 

I assume he then got his photos. I didnt really think at the time.

 

Ive read all the posts on here saying ignore but not any outcome. How long have people been ignoring and how much extra have they charged?

 

Because if you ignore the only outcome will be the give up. Most people don't come back to report that (although some do).

 

Do you think the advice would be Ignore if that wasn't the way to handle a Invoice such as the one you have ?

 

 

I aint got £60 but feel im going to have to pay it because I dont want to ignore and end up with baylifts coming round.

 

Bailiffs are not going to come round, your credit rating will not be effected and so on (despite the letters you will receive in attempt to make the unwary and gullable think otherwise). For anything like that to happen:

 

1. You must be taken to Court

2. You must loose the case

3. You refuse to pay the Court after the event

 

The PPC that issued your Invoice are not going to venture anywhere near [1] as they wouldn't stand a chance of getting anywhere so their threats are as empty as a bottle with nothing in it.

 

Chances are the Invoice you have received doesn't comply with law anyway - eg must have the Companies Regsitsered address in full and so on.

 

By all means pay the £60 (you don't have) and at the same time let me have your address and I'll send you an Invoice for £100 covering my time in typing this message for which I expect payment by return. Thanks.

 

Blagton

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Barsteward

Barsteward

Posted
Posted

 

I aint got £60 but feel im going to have to pay it because I dont want to ignore and end up with baylifts coming round.

 

Don't worry about it. You won't be going anywhere near a court, nor ailiffs round your house.

They work on fear factor.

Try as i might, i can't get these muppets to take me to court. Even asked them to do so. Nope, won't do it.

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Al27

Al27

Posted
Posted
how much extra have they charged?

 

Bear in mind that the 'charge' increase is an arbitary figure plucked out of the air. You'd think it was a bit strange if your telephone bill was £10 and then two weeks later it suddenly became £80, just cos BT felt like it!

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Blagton

Blagton

Posted
Posted (edited)
My wife paid the £60, can do without the stress and fear of being taken to court.

 

:eek: :eek: :eek: :eek: :eek:

 

Congratulations you've just thrown £60 down the drain and caused the PPC's to perhaps stay around just a little bit longer. I'm sure any worthy charity would have welcomed such a donation.

 

I can hear the laughter from Excel from here. Your not Simon Renshaw-Smith in disguse are you ?

 

Oh, forgot to say your wife owes me £100 for the message I typed earlier. If you don't pay I'm going to take you to court. Be warned this will not go away.

 

Blagton.

Edited by Blagton
Increased the charge to £100 as previously mentioned.
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StrawDog

StrawDog

Posted
Posted
OP's choice. £60 is obviously worth the peace of mind.. ;)

 

Slight correction DMD. mickeuk2004 is not the OP.

Of course it's their choice/decision - it's just such a damn shame that's all, especially as money is obviously tight for them.

Now & again **it happens to us all & you have to show some bottle & deal with it/or not.

The pity also is that they may now feature on some sucker list.

 

I also find it frustrating that advice is asked for, given & then completely ignored.

Ah well, you can lead a horse to water & all that.

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