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    • a) Debit transfer into his personal account  b) i - yes     ii - yes   iii - initially quoted £25,000 - £30,000 for the whole job.  This escalated to nearly £44,000.  Would ask for money in stages for materials and labour. c) Runs a Ltd company with his wife d) Assets include van, own digger, dumper and cement mixer but kept in unknown location    Solicitor advised not to throw good money after bad as he could just shut down company.  
    • I've had another look at their WS and as it definitely states that they are pursuing you as the keeper in point 19 they must lose their case because their PCN is not compliant with PoFA on two counts.  First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail. The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   Looking at their contract, the names of the signatories and their positions in their respective  companys have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   The entrance sign does not include the T&Cs so it is only an offer to treat  not  an offer of a contract. Their only appears to be one type of sign inside the car park which is unusual and a lot of the signage is in too small a print to be acceptable in Law as capable of forming a contract. The signage also includes unlawful demands for extra charges which makes the whole contract invalid.  PoFA 2012 made it quite clear that the maximum  amount claimed was the amount on the sign. This has been reinforced by the Private Parking Code of Practice which states that no extra charges can be made over the signage figure. Indeed a Government Minister is quoted as saying that the extra charges demanded by parking companies are "a rip off" yet they still include them. They are an abuse of process and should be subject to adding exemplary costs payable to the motorist to act as a deterrent to rogue car parking companies.   They have no planning permission for their signs and ANPR cameras which means that in addition to them being unlawful because of the extra charges they are also illegal because they have not been given permission to be there under  the Town and Country [Advertisements} Regulations  1969. They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   So it is not as if this is a secret-since it has been out since February 7th 2022 . You would have thought that as this Code was designed to root out the rogues in the industry that the parking industry would already have made adjustments to their activities in order to align themselves with the will of Parliament as proposed by Minister Neil O'Brien  who said   "The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible."   Ignorance of the Law is no excuse but even Gladstones are surely aware that the extra charges are unlawful  it beggars belief that they can aver that they have told the truth on their WS.
    • Evening all,   I am looking for a little bit of advice, any would be appreciated. I am a bit hesitant in giving all the in's and out's as I am not sure of the forums procedures and I do not want to compromise my situation.   Basically as a result of a few issues in my life inflicted/self inflicted I ended up in a bad situation financially. A company brought a debt off a lender I had used and took me to court, I really mis-managed this and although I attended court with a case the verdict went against me. I accepted this but never heard anything back from them and admittedly as I was struggling didn't pro actively seek them out to make payment. So, on my Credit report I had a CCJ due to expire Sept. 2022, which I associated to that particular incident. Anyhow, I have recently received a Notice of Application for Attachment of earnings order, however, this is regarding a completely different debt/Court procedure to the one I participated in. The creditor, to my knowledge has never contacted me and until this week I have never received any correspondence to this case from the creditor or county court.    Basically, I was just after a bit of advice, on how to go about this. I am worried that if my employer is advised of the CCJ, it makes my position uncomfortable, maybe untenable which will only be negative to my situation.    So can I still contest this and possibly get it removed via the courts, can I delay it for 3 months to get it statue barred, do I pay the whole amount (to a company whom brought it at a pittance) or do pay it off and if so, can the figure be negotiated and how long would it affect me credit score?   I apologise for the number of questions, and appreciate any advice. My concern is the application ruining a very good job for me.   Thanks in advance
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Gary Lloyd V Comet Group Plc ***WIN***


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I am a bit late in posting this but I though it was about time I shared.

 

Basically I was wanting to buy a new TV and Bluray near the end of 2008 and I did a lot of googling and signed up to Which? to see all their product reviews.

 

I narrowed down my choices and decided to visit Comet near where I live. I asked the assistant to show me my choices in action which he did. Being a very good salesman (and he was) I soon found I was interested in a few other products as well. I told him I was not going to purchase any items today because I have Asperger's Syndrome so therefore I would need to go home first and get everything right in my head.

 

I asked him to write all the products down with prices. At this stage the manger got involved and was offering me a small discount if I purchased the good right there and then. I explained Asperger's again but he continued to 'close the sale'.

 

I continued to say no and in the end he said he would make a deal with me. He said that if I purchased the goods now he would honour anything that came up after - like finding it cheaper. I carified this further to which he replied 'I will honour anything you come up with'.

 

So I shook his hand and took the deal.

 

When I got home, I googled again and looked at my previous research and straight away noticed that they had some of my items cheaper on their own website. I also remembered that the company I work for give me discounts on vouchers so I contacted the manager and he said come on in.

 

At the store after I explained the above he said he would give me a refund on the items that were cheaper but that he would not be able to anything about the vouchers. I reminded him of the deal we made and he said he could not do anything about it.

 

I made a few calls and sent a few emails but they just dug their heals in and would not budge. I explained about my Asperger's Syndrome, again, and about the deal that was made and I even pointed out the Disability Discrimination Act and in particular the part about 'reasonable adjustment'.

 

Still they would not budge. So I went to the small claims.

 

I was advised to get court mediation which I agreed and they offered me £70 to settle which I declined.

 

So the court date arrives and I turn up. Comet sent a (different) manager from the store to attend. Apparently the original sales advisor and store manager no longer worked for Comet so they sent this poor person who apparently overheard all the conversations I was having on that night - thats about an hour of conversations. This was a lie of course.

 

The judge read my case and it became very clear that she was on my side.

 

The good I purchased totalled £1720.84. I was given a £90 discount at point of sale. I was refunded £72 a few days later but was still out of pocket by £213 because of the deal that was made with the manager.

 

My claim was for £213. I was awarded £262.05 which included interest and £80 costs. She even asked if I wanted my bus fare included in the order but I declined (although in hindsight I should have said yes). The judge even thanked me and congratulated me on my preparation and presentaion.

 

This took 1 year and 14 days.

 

Of course I will never shop thier again but I will use them for thier advice which I do find very helpful.

 

dsc001971.jpg

 

Sorry its so long... I did try to summarize ;)

The following was done on behalf of my mother:

First letter send 20th April 2006. Reply recieved 22nd April 2006.

Second letter sent 24th April 2006. Reply recieved 26th April 2006.

Accepted at small claims court.

Defendant filed an acknowledgment of service on 25th July 2006.

Allocation Questionaire recieved 16th August 2006.

Court date set for 22nd February 2007.

12th FEBRUARY 2007 SETTLED IN FULL! :D

4th April 2007 - Court orders Lloyds to pay costs. :D:D

23rd April - Bank pays costs :grin::grin::grin:

 

This claim took a total of 298 days to reach settlement. Further charges were taken, an email was sent to Lloyds, at the conclusion of this 1st claim and settled in full in only 16 days.

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Well done :) Shame it took so long, glad you got it sorted out!

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I learnt patients when claiming back the bank charges lol

The following was done on behalf of my mother:

First letter send 20th April 2006. Reply recieved 22nd April 2006.

Second letter sent 24th April 2006. Reply recieved 26th April 2006.

Accepted at small claims court.

Defendant filed an acknowledgment of service on 25th July 2006.

Allocation Questionaire recieved 16th August 2006.

Court date set for 22nd February 2007.

12th FEBRUARY 2007 SETTLED IN FULL! :D

4th April 2007 - Court orders Lloyds to pay costs. :D:D

23rd April - Bank pays costs :grin::grin::grin:

 

This claim took a total of 298 days to reach settlement. Further charges were taken, an email was sent to Lloyds, at the conclusion of this 1st claim and settled in full in only 16 days.

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