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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Group Nexus ANPR PCN Claimform - Cannon Lane Retail Park, Tonbridge, TN9

      By dx100uk · Posted

      next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
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      By lookinforinfo · Posted

      If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • lookinforinfo
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      By lookinforinfo · Posted

      Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • jk2054
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      By jk2054 · Posted

      Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

eBay Buy It Now and the Distance Selling Regulations

BlissC

By BlissC
in General Consumer Issues

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BlissC

BlissC

Posted
Posted

I know the Distance Selling Regulations apply to Buy It Now items on eBay, but is that just for business sellers, or are all BIN sales covered.

 

I recently bought a large poster frame from an eBay seller using Buy It Now, but it only arrived yesterday, a week after the event I needed it for. I bought it just over 2 weeks ago, but from the postmark it seems it was only posted this last Monday, over a week after I bought it. (The packaging was also apalling - just a single layer of thin bubble-wrap, and part of it isn't even covered by the bubble-wrap.

 

The seller stated that items would be posted within 2 days, and stated "no returns", but from what I've read on the eBay help pages, they can't actually say that under the DSR.

 

I'm not quite sure where I stand on this one.

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BankFodder

BankFodder

Posted
Posted

Only applies to business. However, don't just limit your attention to whether or not they are an eBay trader. Check the buying/selling history of the seller. It will soon be clear whether they are trading or they are just private sellers.

 

If you are going to sue them then print out their feedback history to show a court that they are actually traders.

Also, in an eBay dispute, point out to eBay that they are trading even though they have not informed eBay

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BlissC

BlissC

Posted
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Posted
Is it damaged?

It doesn't appear to be damaged (though I haven't actually taken the bubble wrap off).

 

Only applies to business. However, don't just limit your attention to whether or not they are an ebay trader. Check the buying/selling history of the seller. It will soon be clear whether they are trading or they are just private sellers.

 

If you are going to sue them then print out their feedback history to show a court that they are actually traders.

Also, in an eBay dispute, point out to eBay that they are trading even though they have not informed eBay

 

Thanks for the tip. I suspect it is a trader. The listing said there were more than 10 available, and although they don't have much feedback, for a couple it's the same item that the rating's been left for. Also, for the item I bought, the item description clearly states "sale is for ONE unit although we have many in stock", which isn't the kind of thing a private seller would put!

 

I guess I can try contacting the seller and see if they'll accept a return (mentioning that I suspect they're a business) and give them the opportunity to play nice before I leave a negative rating or contact eBay. With a feedback score of only 15 I guess a negative feedback would rather impact on their feedback reputation! I guess I really should have checked the listing out more thoroughly before buying! I've been using eBay for 7 years, so it's not as though I don't know what to look out for! I've just been lucky in the past though that I've had no problems with sellers.

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Kraken1

Kraken1

Posted
Posted

yes they only apply to businesses, and it would seem that you bought from a business. The dsrs actually say acting in a 'professional capacity' and these chaps seem to fit the bill.

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buzby

buzby

Posted
Posted

I donlt make the same connection Kraken does. Selling items in quantity is no confirmation that he is a trader, the only thing that should guide you is to look at the sellers eBay profile. Is he REGISTERED as a business trader? If so, DSR will apply. If not, it will not.

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buzby

buzby

Posted
Posted

Great for the OFT. How do they propose the OP proves this? In an eBay trader (and registered as such) it is a slam-dunk. Otherwise, he'll be whistling in the wind.

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My Real Name

My Real Name

Posted
Posted

Not being registered as an ebay trader does not preclude the seller from acting in a commercial or professional capacity. The DSRs could still apply. But, as you state, showing this could be particularly difficult.

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buzby

buzby

Posted
Posted

It is actually quite difficult to stop eBay 'upgrading' your account from private to business. If the amount of sales starts to peak, you get targeted, so if you reach sales of over £1000pa, then they are likely to switch you.

 

So if eBay has the seller as private, he probably doesn't have the sales to justify it, with the result making the leap to a business/DSR/SoGA protection ultimately fail.

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Kraken1

Kraken1

Posted
Posted

it might be troublesome to prove, but so is alot of stuff. there is a fair bit of precedent in the area, especially from the motor trade. Generally the courts look at the frequency and type of transactions to determine if a seller is a business or not. What ebay, or the seller says is fairly irrelevant.

 

"supplier means any person who is acting in a commercial or professional capacity" is actually a quote from the dsrs.

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