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    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
    • you made it very confusing, though i doubt any of it was ever read by the delivery franchise for DPD. your saving grace might well be you didn't select your own address (though if you are all the same postcode..??) and neither mentioned a safe space other than another neighbour. but with the actual delivery address on the parcel, it appears the driver had a choice of 3 addresses, all under the same post code with differing house numbers. so chose the label one but left it on your doorstep. play it carefully and along with the photo and the retailers requirement you should be ok.   dx  
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      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.

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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
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Charges after the "letter before action"


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Apologies if this was already discussed. I tried to search for it, but I wasn't successful.

My question is: can I add to my claim charges which appeared on my account after the LBA but before I filled the claim?

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Absolutely. The fact is you put them on notice that you would not pay there unlawful charges, and you demanded repayment or would issue proceedings, they have failed to take notice and charged you again.

 

Add it on to the claim - it would make any difference in law as it all flows from the same issue

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

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I had the same statement today - I am taking a letter into the bank telling them to cancel the charges before they are applied. If not, I will issue another claim...but I expect the reality is that timescales will mean adding it to my current claim when I finally issue the court order.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Add it on to the claim - it would make any difference in law as it all flows from the same issue

 

Maxie; would or wouldn't?

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First letter was on Monday 20th

Letter before action is Monday 4th April

Claim will be Monday 18th April

 

However, I firmly believe that I will have got the bank to capitulate before that date.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sorry! Should ahve read Wouldn't make a diffence at law!

The law maybe reason without passion as Aristotle said, but hey, he said nothing about having fun when getting even!

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal expereince. For legal advice you must always consult a registered and insured lawyer.

 

 

Reputation Points Always Welcome

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  • 12 years later...

This topic was closed on 03/07/19.

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