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    • Thank you for posting the full sar.  So they definitely did place the PCN on your vehicle only to remove it 10 minutes later apparently because of a possible problem with the driver which seems highly unlikely [the reason for the PCN removal ]. Did the driver even see the warden at all while they were photographing the car . They did take several pictures spread over 6 minutes or so using a flash so the driver would have seen the car being photographed had they been there.   Very strange. You said that you had an onboard camera -are you able to go back and see what happened? Was the warden wearing UKPC clothing? In any event that PCN has not complied with the Protection of Freedoms Act 2012 Schedule 4.  That should be a Notice to Driver and the follow up PCN should not be sent until 28 days AFTER the day the first PCN  was given were it a postal PCN. Instead the knuckleheads have issued the follow up PCN on the 28th day of their dodgy first PCN and so totally blowing all their machinations to get over the fact that  the windscreen ticket wasn't a windscreen ticket. In neither case, even if they had been sent properly, they were non compliant. neither of them showed the period of parking which is specified in the Act. Both just show a time of issue at 20.02 but no end period. Their  "mistake" in not giving 29 days  before issuing their keeper Liability notice, makes the PCN more than just non compliant. It means that the PCN was unlawful and probably deliberate as had UKPC waited until the correct time to send that Notice, it would have delayed it until the Monday. And as they probably knew that had not received the original windscreen PCN perhaps they thought it better to rewrite the Law. Part of that is conjecture but the basic fact is correct-the Notice was unlawful. And for that there should be repercussions. My first thought was the ICO but  as it isn't really a breach of data protection it goes higher than that. Perhaps the Site Team would know. I did look at the Legal Ombudsman but they are for complaints against lawyers.  I cannot imagine a decent lawyer even countenancing such a thing though were are dealing with third rate ones when involved with some parking companies.   For reference PoFA Schedule 4 S8 and S9 [2][f] f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— Their PCN dated 12/04/24 states "as 28 days have now elapsed since the Notice to Keeper was given, Parking Control management [UK] Ltd. [the creditor] are now able ...........to recover the unpaid parking charge from......... the registered keeper. The original PCN was marked by them as being deemed delivered 15/03/2024 so 28 days +1 =13/04/24. Their letter was sent one day early which means they altered or ignored the law . I have never seen that "error" on any other Notice from any of the parking companies. As the Member did not receive the original PCN which was originally a Windscreen ticket but they then changed it to a postal one for some fanciful reason the whole scenario reeks of skullduggery. I am going to ask again from Hamz why their warden might have felt scared about a confrontation with the driver but even if there was a chance the PCN was placed on the windscreen and not removed for two minutes but pictures had already been taken so why remove it? And then why produce a brand new keeper Liability Notice the like of which I have not seen before.  
    • You have not been allowed the statuary 7 days to prepare or submit your statement as you only only received the notice of hearing on Saturday   Example   Erudio Student Loans Limited V XXXX Claim No: XXXXX Witness Statement in response to the claimants application It is respectfully requested that the court allow this statement as evidence in response as I was only informed of the hearing date on Saturday 11th May 2024 and therefore denied 7 days to respond. I, xxxxxxx being the Defendant in this case will state as follows; I make this Witness Statement to oppose the claimant application dated 25/04/23 to lift the stay and Strike Out Defence/Summary Judgment pursuant to CPR 24.5 (1) a & b in view of my defence submitted to the claim dated 06/07/22. The Claimant confirms that this claim issued through Northampton County Court Business Centre on 15/03/22 and remained stayed since. I will respond to the same numbered paragraphs as the claimant’s statement as follows: 1. The claimants witness statement opening paragraph confirms that it mostly relies on hearsay evidence as confirmed by the draft’s person in the opening paragraph. It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act and also be in attendance at hearing to give evidence in support of the claimant’s witness statement. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.  Background Insert your pars here   Defendants Response to claimants claim/ Application Insert your points here  Conclusion Insert your points here but finish with the following. 16.  In view of the information set out above I respectfully submit to the court that the claimant’s application be denied. The claim remains stayed until such time the claimant can comply with section 77 of the CCA1974 or in the absence of that compliance strike out the claimant claim and dismiss the claim in its entirety. The claimant has failed to evidence and justify its application to dispose of this claim without a trial where a claim or issue or a defence to a claim or issue has no real prospect of success and there is no other compelling reason for a trial. (CPR 24.2)     Statement of truth I, XXXXXXX defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   Signed:  Print Name: Dated:
    • Thank you @BankFodder. Apologies for not being clear. Here are some further details that might help clarify: The item in question is a replica of a movie prop. I build highly accurate movie props as a hobby and these items are machined by enthusiasts in very small runs (50-100) and once they're gone, they're gone. I missed out on one of these runs but a friend from the community had purchased two and decided he only needed one so offered to sell me his other one. I bought the replica prop from him and asked him to send it to my Stackry address in USA. He is based in USA and I am based in the UK. Had he shipped it directly to me in the UK, due to the size and weight, the shipping would have been expensive. Stackry is a service in the USA that has access to cheaper couriers. I have used it many times before without any issues. I simply sign in to my account when they notify me the package is received, fill out the customs form, and select my home address in the UK, select one of the couriers after receiveing a quote based on size and weight and pay the shipping fee. On this occasion I chose GlobalDirect. I had no idea the item would be handed over to Evri on arrival to the UK. The initial tracking was with DHL e-commerce. The second tracking number on arrival to the UK was with Evri. It was Evri who lost the parcel through negligence. Below is a complete timeline of events. The item made its journey from my friend in the USA to Stackry, USA without any problems. I was notified when the package was received. The item also made its journey via DHL/Global Mail Direct from the USA to the UK without any issues. The problem happened in the UK, with Evri.   I did not take out insurance. The price of the item was £185.01 Shipping from Stackry, USA to my home address in the UK with Global Mail Direct was £17.87. Total £202.88.  The letter of claim is below. The 14 days is not up yet but I have every intention on following through. I have no priror experience with this which is why I came here for advice, but I have found the online claim form on Gov.UK and intend to start there.   TIMELINE:   Item purchased from individual in USA on 26/3/24. Payment made by PayPal. Item shipped to Stackry, USA on the same day. Item advised received by Stackry on 29/3/24. Redirected by myself to my UK home address on the same day. Payment made and selected Global Mail Direct as the courier of choice. Tracking number generated for DHL e-commerce 02/04/24: arrived to the UK and cleared customs 03/04/24: processed at local distribution centre, forwarded to delivery agent (Evri) - new tracking number generated 06/04/24: marked”out for delivery” at 08:52. No delivery attempt made all day. At 21:21 marked “on its way back to sender”.  09/04/24: no further updates since “there’s an issue with your parcel. Contact the sender”. Customer support contact via email almost on a daily basis from 08/04/24 to 23/04/24 to no avail. Letter before claim sent on 03/05/24.   03/05/2024   Letter before small claims court claim   EVRi Parcelnet Limited Capitol House 1 Capitol Close Morley Leeds LS27 0WH   Dear Sirs   Reference: Parcel with the tracking number H01PQD0027409372 / H01PQA0027204793 lost by EVRi   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.   I have been in contact with customer support numerous times since 08/04/2024. Your driver marked the item “Returning to sender” without a valid attempt at delivery. The package is since then stuck in limbo with no further tracking updates, and as of today 03/05/2024 still says “on its way back to sender”. I have spoken to your representatives many times and they did not offer any help trying to track down the missing parcel or offer me any option for compensation. I have explained that I am both the sender and the recipient, and I am therefore within my rights to claim compensation for this missing item. I have full records of the item from the point of purchase, to its journey with DHL in the USA, and with EVRi in the UK, until it was lost in the system. The value of the item including shipping is £202.88.   From you I am claiming £202.88 paid in full to compensate the price of the item (£185.01) plus international shipping (£17.87).    Listed below are the documents on which I intend to rely in my claim against you: Screenshots of transaction made with the original seller of the item, including photographs of the item and Paypal transaction. Screenshots of the item received by Stackry in the USA and shipping cost via Global Mail Direct to my address in the UK. Screenshots of tracking with DHL Screenshots of tracking with EVRi Email correspondence with various customer support members at EVRi     I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.  In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days. Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.    
    • Hi All, Just a quick update...........nothing to report - no contact from ParkingEye or BPA as yet. I am sending a complaint to the ICO today as suggested as the others have had more than enough time to at least acknowledge receipt of my requests / complaints.   Thanks to all. T.
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NPower Overcharging with Metric Meters


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I read a post regarding NPower taking the wrong readings with new metric meters and taking the readings in Ft.

 

http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/225759-n-power-overcharging-4-a-2.html#post2814982

 

I think this may be the same problem my mam has had.

 

She was supplied by NPower from 17 Dec '07 until 13 Jan '09 and NPower installed a new meter.

 

It was after the fitting of the new meter that she noticed she was getting high bills, and complained on numerous occasions to NPower.

Eventually, she got that stressed with it and switched suppliers.

 

She has now calculated her yearly bill with her new supplier and it amounts to £198.98, now compare this to her yearly bill from NPower which was £739.03, a big difference.

 

The question is do I now complain to NPower and try to find out if it was due to the Imperial (ft3) rather than metres (m3) problem?? or do I leave this and ask for a Subject access requestlink3.gif?

 

Note: She has copies of all her bills for those dates mentioned.

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You could be right but there are other explanations. If the readings from an old cubic foot metre are charged as if the readings were in cubic metres then the bill is likely to be about 34 times higher than it should be.

 

All new meters fitted record in cubic metres. It is very unusual to find that they are inaccurate.

 

You have therefore three periods to consider.

 

a) the period with the new supplier. You can be sure that the cubic foot/cubic metre problem was not there and the biils are likely to be correct.

 

b) a period with NPower after the new meter was fitted. This is just the same as a) and the bills are likely to be correct.

 

c) a period when the reads were from the old meter. If this meter recorded in cubic feet then she could have been charged a very high amount for that period. The bills would have been so high that she would have surely noticed??

 

To determine whether there is a cibic foot /cubic meter prroblem the comparison you need to make is between b) and c)

 

Sometimes the meter changer leaves the old meter with the customer. If that happened and she has not thrown it away you could check the old meter -almost too easy!!

 

Your mother however changed suppliers because the bills from NPower were high after the new meter was fitted. This suggests that NPower did not trust the old meter which they thought could be reading low and so not charging enough for period c). Did they give any reason for the meter change?

 

Period a) could be much lower than period b) simply because the changeover reading was estimated (was it an actual read?) and was set at a high level. This would have the effect of inflating NPower's charge and decreasing the new supplier's charge.

 

It would be instructive to people on this board if you could give us the date, meter readings and charge for each bill your mother received from both suppliers to date during her occupancy You should indicate whether the meter reads were estimated/self reads/utility reads. It would be helpful to know the date of the meter change and the date of the supplier change. Was there any attempt in period b) to recover sums which were undercharged in period c) because of a defective under-reading meter?

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Thanks for that pelham9, I will print this info and let my mam read it and hopefully she will understand what information is needed. :eek:

I will get back to you tomorrow night.

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Not so sure if this can be sorted now pelham9, just been to my mam's to confirm the date NPower changed the meter, it now looks as though the meter was changed before she went over to NPower. (also, she mentioned that NPower kept sending her Quantum cards when she was paying by direct debit, if that helps in any way!! )

 

I've asked her to work out how many units she has used over the year with NPower and compare it with Scottish Power's yearly bill, but she has said one is worked out in units and the other is worked out in KWh, so not sure if this can be calculated?

 

She has also mentioned that she did have a discrepancy with her first bill when she changed over to Scottish Power, and they mentioned she was being charged against a Quantum Meter? Well confused now:confused:

 

The thing is Scottish Power apologised and refunded my mam some money. I have asked her to phone Scottish Power to confirm what the problem was, so maybe watch this space for further information.

 

If your not confused, I certainly am. :-|

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1 unit = 1 KWH - they are the same.

 

 

Right, you learn something everyday, thanks pelham9, I'll check and see what the usage was for both companies for the year then, if that will help?

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  • 4 weeks later...

Right, here's hoping that someone will understand what my mam has written lol.

 

Please ignore my first post, here is the revised version.

 

'...On the 14th Oct 2005 I moved into this address and was using a card meter with British Gas.

 

In November I changed to Powergen and they changed my card meter to a standard meter so I could start paying by direct debit on the 20th Dec 2005, this is when I noticed the bills were getting high.

 

Note: My card meter number was LO353291793M.

 

I was with Powergen until Sept 2007 and although my new meter number was G4W00154050501 my gas statements were still showing the old card meter number.

 

Therefore, because of the increasing costs of my gas I decided to change over to NPower in Sept 2007, this was another mistake as my bills got even higher.

 

I then decided to change again in Jan 2009 to Scottish Power and initially had the same problems with high bills. I complained to Scottish Power, who apologised and agreed to sort everything out, which thankfully, although I don't have a clue what they did, they have now done and my bills are now considerably lower...'

 

Please bear in mind I am also trying to decipher this information as I am posting this on behalf of my mam. If anyone can make any sense of anything improper, please feel free to let me know...:confused:

 

I have asked my mam to sort out the gas bills and will upload them as soon as possible.

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Pelham, 1 unit does not equal 1 kwh on a gas meter if you're referring to the meter read. On a metric meter 1 unit on the reading is about 11 kwh & about 30 on a metric meter.

gaz245, do you have bills? It would be helpful if you could post up the meter serial number, it should be pretty easy from that to tell if it's metric or imperial.

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Sounds as if both Eon and NPower were billing your mum based upon the wrong meter details after the prepayment meter was taken out. I would guess they did not update the meter details when the meter was changed meaning the bills were all garbage (probably showing estimated readings all the time even if a meter-man came out to read the meter).

I don't think this is a problem of imperial and metric meters, All prepayment meters are metric and all new meters fitted are metric too.

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Gaz

 

If the readings are four digits then it is Metric metre and 5 digits for an Imperial. (Sorry just double checked this and it's wrong Imperial can also be 4 digits, my appologies. Best way to check is on the metre if it says ft3 then it's imperial and m3 it's metric.)She could have either been overcharged for an imperial metre as you suggest or just been took the Michael out of as they tried with me (see below).

 

If you could upload the bills so I can see metre readings/dates/rates/Calorific.Value etc on each of the bills then it will give me a better understanding of if your mum was overcharged.

 

 

I've had nothing but problems with N-power since I joined them in June 2008 to leaving them - just going through this process at the minute.

 

One of my biggest disputes (had numerous over different things) was last Sept when I got a summer gas bill (April - Sept) for £450 when the only thing using gas during this time was the stove. We checked the metre and realised they'd billed us for an extra 1000units. We got this ammended and they sent us a new bill with correct reading for £50 less. So I took it upon myself to work out the bill, and it actualy came to £27 so rang them to tell THEM how it was worked out (it shut a rather smug customer service rep up who was insisting the bill was correct as it was). Within a week I had the correct bill on my doormat.

 

If your mum as been overcharged and as all the bills then I can't see a reason why she wouldn't get this back. The utility companies have to keep her account information on file for so many years (I think it's 6) under the money laundering rules.

 

Always work out the bills yourself as ALL utility companies are know for adding £10 - £100's on bills!!

Edited by Rah25
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rah i might pick you brains soon, scottish power have done the same to me. - sorry for butting in - 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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Pelham, 1 unit does not equal 1 kwh on a gas meter if you're referring to the meter read. On a metric meter 1 unit on the reading is about 11 kwh & about 30 on a metric meter.

gaz245, do you have bills? It would be helpful if you could post up the meter serial number, it should be pretty easy from that to tell if it's metric or imperial.

 

Sorry, haven't been back guys, bloody new graphics card caused havoc with my pc, so have put old one back in.

 

I have posted the serial numbers that my mam has available Dave, will hopefully be able to upload all the bills next week.

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Hi gaz, sorry, I missed that post. Your current meter the one begining G4W is definitely a metric credit meter. If you have been receivng bills showing it as imperial or prepay, they are wrong.

Just to add to RAH25, you have it the wrong way round. A 5 dial meter is metric & a 4 dial imperial. Of course, just because your read only has 4 digits doesn't make it imperial, it might not have reached 10,000!

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Hi gaz, sorry, I missed that post. Your current meter the one begining G4W is definitely a metric credit meter. If you have been receivng bills showing it as imperial or prepay, they are wrong.

Just to add to RAH25, you have it the wrong way round. A 5 dial meter is metric & a 4 dial imperial. Of course, just because your read only has 4 digits doesn't make it imperial, it might not have reached 10,000!

 

Can I just confirm then Dave, my mam states...

 

'...Note: My card meter number was LO353291793M.

 

I was with Powergen until Sept 2007 and although my new meter number was G4W00154050501 my gas statements were still showing the old card meter number...'

 

Does this mean Powergen have made a mistake then?

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Yeah Gaz, as I stated above Powergen billed your mum based upon the wrong meter being in her home (the old meter). The bills would therefore have been estimated (even if the bills state the meters were read - this is not unknown!) and are almost certainly totally wrong

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Yeah Gaz, as I stated above Powergen billed your mum based upon the wrong meter being in her home (the old meter). The bills would therefore have been estimated (even if the bills state the meters were read - this is not unknown!) and are almost certainly totally wrong

 

 

Cheers matt, don't know how I missed your post.

What would be the best course of action for my mam then with regards to proving this?

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On the new gas meter, there shoudl be a sticker stating what reading the old Quantum meter was taken out on (and the date it happened) together with the reading on the new meter when it was fitted (normally 00000 or 00001).

Looks like the problem is with both NPower and Eon.

First of all I think you need to make NPower and Eon aware of the issue, giving them the relevant issues so they shouldn;t then be able to fob you off. . It would be best to do this in writing (or by phone with a letter as well, so that you have got proof of the action you have taken).

If they don't deal with the issue (or at least let you know what they are doing) within, say 2 weeks, you should send them another letter with COMPLAINT written at the top. If they don't reply within eight weeks oryalternatively if thet send out a deadlock letter, you can contact the Energy Ombudsman for assistance. They can then hopefully take this problem on for you and get recompense for your mother.

Their contact details are:

 

Energy Ombudsman

PO Box 966

Warrington

WA4 9DF

tel: 0845 055 0760 or 01925 530263

email: [email protected]

website: www.energy-ombudsman.org.uk

Edited by mattlamb
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Here goes guys, my mam has done her best to sort out what bills she thinks are relevant. I can't figure out what to look for, but I'm sure somebody on here will be able to spot any discrepancies.

 

a%3Eeon1.th.jpg

2meon1j

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you cant link pics like that

either use photobucket

or post it as an attachment after hitting the advanced buttom below a new msg box then hit manage attachemnt boc further down.

 

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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Share on other sites

convert them to pdf via a onr of the many websites

then add them as an att

 

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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Share on other sites

doh!

left the a/c number on!

 

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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doh!

left the a/c number on!

 

dx

 

 

Sh*t, I knew I'd miss something, just removed it dx.

Is that the number on the bank giro ?

Edited by gaz245
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