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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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Npower- Faulty meter


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hi all

 

A friend of mine(early 60`s) has for the last 7 years had problems with her electricity bills.

She had a credit meter in the house she moved into and was paying her bills via a monthly direct debit.

The bills kept increasing to a point where she couldn`t afford them and started `economising`to the point where she had no heating on even through the winter, wearing multiple layers of clothing, gloves, scarves and hats even in bed. Bathing consisted of standing in a bucket of water heated from the kettle. It contributed to the break-up of her relationship, has been to ashamed to have friends around as she didn`t want them to see how she was living and stopped her doing the final year of a certificate course in counselling through depression seeing no way out(stockholme syndrome)?.

And STILL the bills kept increasing.

She was disconnected more than once, but the last time they did she must have had a flash of her old self and wrote down the meter reading and compared it to the reading when they finally reconnected her and there was a HUGE discrepancy, which she reported.... after several more calls to them they came and took the meter away for testing.

Surprise surprise, it was faulty and after 7 years of complaints and problems she was finally vindicated.

 

Now... where does she stand? she asked them to compensate her and was asked "how much do you think you`ll get?"

and was told she`d be lucky to get 50 quid.

 

This poor woman has spent the last 7 winters(baring in mind she is in her 60`s) in 3rd world level fuel poverty, lost a relationship, suffered depression and more, because of someone elses screw up and should be adequately compensated.

 

 

I have told her to send a subject access request as whenever she called they seemed to have transcripts of previous calls and therefore must have more useful information for her.

Does anyone have a template that is relevent to this topic? if not what information should she ask for? bills? copies of letters? call transcripts?

 

Any help for will be greatly appreciated

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they shold have a report on how the meter was faulty

i had one for 8yrs that i knew was wrong

eventually it failed totally after me having complained no end during all that time.

 

got £1100 back in the end that was from BG.

 

i'd keep pushing them.

 

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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thanks dx i will, i`m wondering how she`ll go on regarding what she has overpaid all these years as if the meter is faulty the wouldn`t be able to use any of it`s readings to calculate the bill, ergo should she get most if not all of her money back?

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what they did for me was ask me to take readings over a 7 day period

to give my correct usage.

then back calculated that over the years this faulty meter was in place.

 

they then compared that to how much the meter WAS actually over reading from the test report.

the two were almost equal so were happy and refunded.

 

even if they cant interrogate the old meter, they should still be able to see there has been mass over payment from the past readings on the bills.

 

HTH

 

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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No - the amounts will be recalculated vbased on the estimated overreading by the check meter. Incidentally, rebates for amounts overbilled more than a year cannot be officially recovered - so don;t hack off the supplier as they may be willing to pay much more than they are legally required to. (So keep it pleasant...!)

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urm was i lucky then...?

thats not what BG said though.

 

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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p'haps it is because i had a good track record in there files of complaining about it for 8yrs

weird.

i'd better keep quiet.......

i knew they couldn't stitch us up, but i though it was ok the otherway around?

bit like PPI, surely, as they have HAD the money that was not theirs, it should be refunded, bit unfair on the customer if not?

 

dx

Edited by dx100uk

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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Agreed - but I know of several folk who took Scottish Power/Gas to court for amounts going back over-estimated by 5 years (usual statue of limitations) and lost - because the Act of Parliament that permits the utilities to operate cap their liability to going back 1 year. Even folk who were needlessly paying water (sewage) fees for rainwater they found was actually using a soakaway and NOT going down the drains... ever - only got a rebate of 1 year.

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