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    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
    • Nationwide Building Society has launched an 18 month fixed-rate account paying 5.5%.View the full article
    • Well done.   Please let us know how it goes or come back with any questions. HB
    • Incorrect as the debt will have been legally assigned to the DCA and they are therefore now the legal creditor. Read up on debt assignment.   Andy
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Bought a doddgy car,Private seller. What are my rights?!?


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Hi guys, as per title, I purchased a dodgy car. Want to know how I can get around getting my money and if small claims court is worth a shot. Here's my story:

Car advertised on gumtree as in "very good working condition". I go and purchase car to find. Take it for a test drive and all seems to be ok. Time to do the deal, look at log book and name of seller is not the one on log book but he tells me his doing it for a friend or wateva. So we shake hands do the deal and I drive off with my green little slip.

Now once on the motorway I start burning some rubber to really get those valves to open.Then with our london roads, you know, I get caught up in some serious traffic. Thats when my nightmare all began. The car breaks down for me.

 

Good thing i'd done my insurance and sorted breakdown cover as soon as I did the deal. Towed the car to a garage. The auto mac had a laugh at me. The problems were something else. I'll cut it all short, the car was basically set to drive ok'ish. Run it for 45mins or so all the devils come out. Car was rendered unsafe and not road worthy and not in a good conditon as advertised.

 

I get hold of the guy who sold me the car and gave him the breakdown. We speak and agree that he will refund me some money to get the car sorted. I did get the car for a bargain so with all the costs the mechanic mentioned, it all seemed preety reasonable to follow this root. So the seller tellms me to book the car in and he will sort money out in a day or 2. I have all this evidence in the form of text messages he sent to me using number used to advertise the car.

I bet you guesing what happens next?!? Yep, you guessed right, the dude turns his phone off and I havent heard from him. I recently got the log book with the previous owners address.

What are my rights here? Is small claims a path to attempt?

Thanks in advance for any advise given.

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To succeed in a claim in court you would have to prove that the person you are suing knew that the vehicle was not in good condition. The previous owner could, quite rightly, deny having anything to do with the sale so it would be pointless suing him. You could sue the person who sold you the car and have at least a chance of succeeding, but do you know where to find him? Finally, winning a case in court is no guarantee of getting any or all of your money back, and it could end up costing you even more in court and bailiff fees which you never get back.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Come to think of it mate, the address he gave me for collection was XXXX Garage on xxx road. The car was parked like in the front of the garage. At the back there were auto macs. Should I also send a letter addressed to XXXX Garage informing them of the car I apparently purchased from "their Garage"? I only got the dudes 1st name unfortunately.

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To succeed in a claim in court you would have to prove that the person you are suing knew that the vehicle was not in good condition.

 

------

 

Wrong.

 

Goods for sale have to conform to description. [Sale of Goods Act, Section 13]

 

Whether or not a seller knew they did not is immaterial.

 

8-)

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------

 

Wrong.

 

Goods for sale have to conform to description. [Sale of Goods Act, Section 13]

 

Whether or not a seller knew they did not is immaterial.

 

8-)

 

Thats great stuff. So should I now write to the last registered keeper informing him that I am taking legal action, claims court, as his "rep" as sold me an un-roadworthy vehicle that was advertised as been in good working condition? Thnaks for the responses guys!!!

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The point was that the description was probably not given by the previous keeper, since he was not the person selling, hence pointless suing him.

 

Perhaps a word with your local trading standards might reveal if the actual seller had anything to do with the garage and whether they have had any other complaints. If he's doing this regularly, the chances are he's ripped someone else off too and they've complained to trading standards.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thats great stuff. So should I now write to the last registered keeper informing him that I am taking legal action, claims court, as his "rep" as sold me an un-roadworthy vehicle that was advertised as been in good working condition? Thnaks for the responses guys!!!

 

---

Your complaint is against the person who sold you the goods. Wherever he got them from is his problem, not yours, except for the suspicion of a crime in which case a civil action lets him off the hook.

 

Since the The Consumer Protection from Unfair Trading Regulations 2008 all sorts of bad practices count as criminal offences and the liability is strict, which is to say that a misleading action or omission is the offence as such.

 

As was suggested before, investigate intelligently and then have a word with Trading Standards to demand that they enforce.

 

If you seek an opinion they fob you off to Consumer Direct.

 

Demand.

 

8)

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