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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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
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recently i had an issue with my housing association, i had my annual gas safety check in may.june and this resulted in my gas being turned off for three days as there was a gas leak.

 

three days later the gas contractors (organised by my H/A) came out in order to repair the leak. it was one guy on his own and they told me it could tkae all day resulting in me having to tkae the day off work as they couldnot narrow down when he would get there.

he ended up taking the skirting board off in the living room and managed to locate the leak. it appears that when the property was built they were unsure where the gas meter would be - when this was installed the installed the gas pipes going through the living room into the kitchen and to the boiler. They then boxed the pipes off with a skirting board - as they did this they nailed through the pipe so this had been leaking since the property had been built and my housing association are not excepting responsibility for this.

 

can anyone help?

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Sorry to hear about this trouble. Its alarming that this appears to be going on for so long, based on what the gas contractor said.

 

I would raise this as a formal complaint- the association will have a form and procedure for it to be investigated. I think you could also ask if they can compensate you and ask for their policy on this.

 

In the complaint I would raise the particular risk to yourself during the period but also your family and neighbours, if there had been an accident.

 

To ensure it gets attention i would also suggest you raise the possibility that this may have occured in other similar homes and it needs to be checked out.

 

You could also raise it with your residents association if there is one, or your councillor.

 

If the gas contractors would give you a statement of what occured that would be fantastic as you could then raise it with the Health and Safety Executive. http://www.hse.gov.uk/gas/domestic/gas_law.htm

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Sorry to hear about this trouble. Its alarming that this appears to be going on for so long, based on what the gas contractor said.

 

I would raise this as a formal complaint- the association will have a form and procedure for it to be investigated. I think you could also ask if they can compensate you and ask for their policy on this.

 

In the complaint I would raise the particular risk to yourself during the period but also your family and neighbours, if there had been an accident.

 

To ensure it gets attention i would also suggest you raise the possibility that this may have occured in other similar homes and it needs to be checked out.

 

You could also raise it with your residents association if there is one, or your councillor.

 

If the gas contractors would give you a statement of what occured that would be fantastic as you could then raise it with the Health and Safety Executive. http://www.hse.gov.uk/gas/domestic/gas_law.htm

 

 

 

hi,

 

i have raised this as a formal complaint but the housing assocaition have such an apparent lack of concern over it. i have informed them that i have two sets of families in the same block both with children and the risk to them. the gas was leaking out of the vents in the living room and i have lit cnadles and such like inthere and have had my eleven month old nephew over on many occasion.

 

i am going to raise it with the housing ombudsman as i think it is disgraceful that they rendered the flats fit to be inhabited and have completed annual safety checks and have not picked this up sooner and told me that they were allowed a slack on the gas!!!!

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What is more serious is that obviously the appliances had been serviced previously by a syupposedly competent servcie engineer, but the leak was never picked up. This demonstrates incompetence somewhere along the line. I would demand to see the certificates of the engineers that did the servicing previously. If they refuse to do this, then a SAR will reveal the names although it would cost you £10, but you should then get this back. It woudl also help you in your fight for compensation. Also good to get your MP involved in this or even the local rag.

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Thread moved to Residential and Commercial lettings Forum.

Any advice I give is honest and in good faith.:)

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  • 10 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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