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    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
    • Farage rails and whines about not being allowed on the BBC ... ... but pulls out at the last minute of a BBC Panorama interview special. It was denied it was anything to do with his candidates being outed as misogynists and Putin apologists, or that farage was afraid Nick Robinson might throw some difficult questions at him ... despite farages recent practice at quickly cowering in fear.   It was claimed 'it wasn't in Nigels diary'     Nigel Farage pulls out of BBC interview at last minute amid Hitler row WWW.INDEPENDENT.CO.UK ‘Panorama’ special postponed as Reform UK party faces row over candidate who claimed UK would have been ‘better off’ if it had...   Waaahhhh
    • i'd say put lowells to strict proof of where the payment came from. cant hurt to send SB letter, even if proved not. at least they get your correct address. they'd have to link the old IVA times scale to a payment  these IVA F&F pots (if thats where it came from) most mugs dont even know they are not only taking most of your payments on fees but also creaming money off to supposedly offer F&F's.  funny when the IVA fails or is complete these sums of money in F&F pots never get given back or even mentions... these IVA firm directors esp with regard to knightsbridge and creditfix were fined and struck off more times than Paul Burdell of Link Fame and still managed to continue to scam people.
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eBay Buy It Now and the Distance Selling Regulations


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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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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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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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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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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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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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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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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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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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