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    • 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)
    • I'm going to add some context here, it may or may not be different to mine, but it provides a hint around what you can expect from Overdales. My thread to read  TLDR  Lowell / Overdales lied about sending letters (I keep all mine), Admitted the default notice was faulty and made up their own, saying that's all fine, (Fake letters sent to 'prove ' it), Sent documentation that is illegible, not on letterheaded paper.  They will lie, try and make things up, try and send you offers to settle, play good cop, bad cop, all in the name of intimidating you into paying up, don't fall for it!  
    • Hi Dx,   I really have tried to fill the this in and paste the answers as I appreciate the advice    but it’s confusing as asks for e1 box and e2 box to answer I don’t have that    what I received from the court is    Form 02 Form 03 Form 05 Form 07 for if I wish to defend  also initial writ  Thanks 
    • The Tories seem to be confused at the moment, UB. Leaving aside the point about their record for now, Atkins completely ignored protocol by interrupting the Labour minister while he was speaking. I'm sure if a Labour MP had done that to a Tory minister there would have been uproar. I hadn't realised that Christopher Chope is a deputy Speaker now - I had go and and look that up.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • 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

Kenturner -v- Halifax plc, SETTLED IN FULL


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I went through the procedure as described on the forum, the first letter requesting a refund of charges went to my branch on 3rd March (i didn't request statements as i had them already), with the usual replies of 'very sorry your not happy but tough' i started legal action (see litigation in progress), i was suing for 130.00 inc costs & interest, today i received a letter from them with an offer of a refund of 187.00 in final settlement, which is more than i was claiming so all in all it's been a good day.

 

Good luck everyone in your claims, and whatever they chuck at you stick it out and get back every penny after all its your money not theirs.,

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Many congrats to you kenturner - don't forget to update the

 

SURVEY of charges received back -

 

and since you are now feeling flush, maybe you would consider contributing to the book fund so these legal eagles can be as updated as possible?!!

 

See here

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

 

 

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Forgot to mention, in their 'offer letter' they have said:-

 

"All future valid charges will stand, and we reserve the right to close your account if you do not manage it correctly.........." etc.

 

I have no doubt that this is perfectly legal but it certainly stinks, however, should any more charges be applied their threats won't stop me from starting the whole process off again. Can anything be done about them closing my account should i sue them again ?

 

Thanks

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Not a lot can be done - the best IMO when they go to close your account is to write them a letter of complaint.

 

They will refer you to the Ombudsman - go there and file a complaint - it won't be upheld, but it WILL cost them £360 (?).

 

They after all, did recommend that course of action.

 

It's just you having the last word instead of them.

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

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I went through the procedure as described on the forum, the first letter requesting a refund of charges went to my branch on 3rd March (i didn't request statements as i had them already), with the usual replies of 'very sorry your not happy but tough' i started legal action (see litigation in progress), i was suing for 130.00 inc costs & interest, today i received a letter from them with an offer of a refund of 187.00 in final settlement, which is more than i was claiming so all in all it's been a good day.

 

Good luck everyone in your claims, and whatever they chuck at you stick it out and get back every penny after all its your money not theirs.,

 

 

Well done...Very happy for you.

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ken in a couple of weeks you will recieve a second letter from your beloved bank telling you that if you ever get a charge again they will close your account. interesting really, in otherwords if they break the law they will close your account.

on getting that letter i did close my account, and my business one, and made a complaint to the ombudsman and so on. im also suing them again for the interest they ran up that wasnt included in my initial claim as it occured after it was filed (25 quid). well done halifax... you know how to make your shareholders money ;)

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Fantastic news Ken, made me smile. I have just sent my preliminary request for payment to them (Almost £1500) - am expecting a bit of a "Dear John" letter from them, but it's stories like yours that keep us going. Once am paid, will pay off my overdraft and close account anyway probably. Have a standby account elsewhere - and the staff are nicer! (Bradford and Bingley).

x

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Well Done !

 

I discovered today (10am) That their Mr Kettle does NOT exsist ! he is a computer generated signature and an "office name".

 

Halifax admitted this to me , after I told them I was going to serve a witness

summons on him.

Wilip Woy

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Congratualations on your successful settlement.

 

Why did they pay you more than your original claim? Was this perhaps a pre-estimate of future charges they maybe applying and just helping so that you dont have to sue them again? LOL or was it an estimate of your fees?

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Why they paid me more stumped me too at first, then i looked back at the charges and i had missed one, luckily they didn't !! LOL !!.

 

I have also sent a letter to them today asking them to give me a breakdown of how exactly they can justifiably charge £39.00 for a returned direct debit and if they can't do this i will on their advice write the the financial ombudsman, of course i'm not expecting a reply but they threatened to close my account so i just want to let them know that i won't be walked over.

 

I will let everyone know when (if) i receive a reply from them although i won't hold my breath.

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  • 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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