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    • Thousands more passengers could face delays or cancellations after an arson attack on France's train network on Friday.View the full article
    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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I went into a retail park today for a sandwich, when I came out I had a ticket on my car, and having read it it would seem I have 14 days to pay £50 or it will go up to £80, so it was an expensive sandwich!

 

According to the ticket, I was parked in a disabled bay, well I am disabled so I would be wouldnt I, but I did neglect to display my badge, the ticket just says 'parked in a disabled bay' and makes no mention of a badge so dont know if thats important.

 

It was issued by 'parking eye'.

 

Having read the forums it seems the usual advise is 'ignore' so do you think that applies in this case or should I write to them pointing out I have a badge?

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Yes. Even if you felt justified and said you had a Blue Badge, it wasn't displayed so they'd keep on at you. By not responding they lose interest after 8 or so letters. Up here in Scotland Disabled Bays will soon have legal protection (on private ground) so it's worth using it if you have it, as it will save a forest of unwanted letters, and legitimate fines (later!).

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According to the ticket it was issued at 10:57am but I was filling up at the petrol station at 11:07am and have the receipt to prove it, it's then a 5 minute drive to the retail park so I wasn't even there when they say they issued the ticket.

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It DOESN'T MATTER - even if it did, there is leeway anyway as any time would need to be a 'reasonable indication' not atomic time to the second. It is there to assist you in knowing roughly when the Invoice was issued nothing more. If you feel this invalidated the invoice, you're wrong! Ignore, it probably is a ploy to MAKE you write and complain that 'the time is wrong'.

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  • 3 weeks later...

Just an update, Ive had a letter, it says if I dont pay within 4 days it will go upto £110, the letter is dated 16th and I got it on 21st.

 

Ive been back to the car park and read their signs which say 'Blue badge holders only in disabled bays', I am a blue badge holder so I dont understand why they think Ive breached their terms and conditions as the original ticket said 'parked in a disabled bay'.

 

The latest letter is headed 'Notice to owner'

 

Ignore or point out their mistake?

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Nothing has changed. Of course they know your receipt of the letter will coincide with the fee increase - and 4 days to act is totally unreasonable. ALL is designed to raise your ire and prompt a dialogue which will confirm you're hooked and ripe to be pulled in with morew letters. You were in a disabled bay, you had a badge, and if it ever came to court you could show it to the judge, explaining that you never entered into any contract with the pursuer.

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Just an update, Ive had a letter, it says if I dont pay within 4 days it will go upto £110, the letter is dated 16th and I got it on 21st.

 

Ive been back to the car park and read their signs which say 'Blue badge holders only in disabled bays', I am a blue badge holder so I dont understand why they think Ive breached their terms and conditions as the original ticket said 'parked in a disabled bay'.

 

The latest letter is headed 'Notice to owner'

 

Ignore or point out their mistake?

 

Carry on ignoring. It's just an invoice. They're all over the place with the wording as you've spotted - it's just a [problem].

 

The charge has to be a genuine pre-estimate of actual loss suffered. They have suffered no loss and the charge is unenforceable.

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Just an update, Ive had a letter, it says if I dont pay within 4 days it will go upto £110, the letter is dated 16th and I got it on 21st.

 

 

It will go higher and letters will get scarier with red ink, notices of intended prosecution, do not ignore, will pass to out litigation team etc.etc.etc.

 

All meaningless twaddle with paper work designed to mimic official council PCN's and to scare the unwary into reaching for their cheque books / credit cards

 

Ignore and do not write as it only encourages them to send more paper plane material. Parking Eye are well known and do not do court as they already know the outcome

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  • 2 weeks later...

Ive had another letter and wouldnt bother mentioning it but it says "If this letter is ignored we will have no other option other than to instruct out debt collection agency to secure immediate payment commencing court proceedings if required. Therefore to avoid future and unnecessary action please pay the outstanding parking charge at the final reduced amount for what was a clear contravention of the parking regulations".

 

Now I havent breached their regulations as they state 'Blue badge holders only in disabled bays' I am a blue badge holder, they never mention displaying it!!!!

 

Also people on the forum talk about PPCs using the word "may" a lot when talking about court etc. My letter doesnt say that, it seems to imply that they 'will'.

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Troll alert !!

 

Noted !!!

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Take this as a reminder. Pay and display your badge next time.

 

The signs make no mention of having to display a badge, so what exactly did I do wrong?

They can go and whistle, theyre getting nothing from me, take me to court, lets do it, I'll bring my badge along for the judge.

They havent taken a photo of the car showing that the badge wasnt displayed!

Bring it on.

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