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    • Appreciate your response BankFodder. I am aware that the Consumer Rights Act does not apply in my case as I operate a business and, instead, should rely on the Supply of Goods and Services Act and Unfair Contract Terms Act 1977. I was a little unsure as, when I read the judgement of Hashim Farooq v EVRi Parcelnet, July 2023 I presumed that,  as Farooq had supplied laptops through Amazon,  the Consumer Rights Act would not apply but the judge refers to it in Section 22 as to why the claimant should be given judgment. Have I read this correctly? The reason for not offering full reimbursement was because I did not take out insurance for the full value.  In regards to correspondence from my customer,  I have emails from her in my timeline stating that she was waiting all week and that no one attempted delivery.  I have no doubt that she will be willing to corroborate the events with a written statement.
    • When you post information here you will have to post it in single file multipage PDF format. Follow the upload link. However, it would be more helpful if you could simply answer the questions that we have put to you and we can deal with paperwork afterwards if we think we need it.  
    • I was trying to post all the paperwork that I have, namely facebook ad, messages between the seller and my son etc . But I'm getting the message that the files are to large. 
    • First of all please can you tell us the name of the seller, something about the van – age/year, mileage, price paid. How far away is the seller from where your son lives? Who do you take it to for this inspection? Are they prepared to give you a written list of the things that they found? This is very important and you may well have to get an independent inspection from somebody such as the AA. This will cost you some kind of feedback we expect that we will be able to help you get it back. I would say that if you have to bring a court claim – which is likely – then your chances of success are better than 95% but the difficulty might be enforcing the judgement against the seller. We will have to no more in order to give you better advice. Does it have an MOT? What is the date of it and who gave it the MOT? I suggest that you start taking pictures of all of the defects that you can find.   Also I am going to say that I believe that you came over from Facebook where you were already informed that we would need at least all of the information which I have requested above. It will save a lot of time and effort for everybody if you can simply come up with the things that we ask without too much delay
    • My autistic son brought a van from a private seller. ( there was 5 other cars on his drive and another van, plus loads of machanic tools in his hallway,  so he probably is a unofficial dealer).  He gave the van a once over, he checked for any warning lights that might be on, there was none. He checked underneath for any rust etc, it all looked fine. The body was rough, but you'd expect that for the age of the van.  He got his brothers machanic to give it a pre mot check, as the van was old so he expected it to have a few problems. The van is a deathtrap, the seller had blacked out all the warning lights that were on the dash,  and I mean all.  He had also painted some kind of black stuff on the underside, to hide all the damage there.   My son drove it for over 2 hours to get it home. The machanic said he's surprised my son is still alive, and an untrained eye would not of seen what the seller had done.  Iv asked the seller for a refund and for him to have the van back, but he is refusing. Is there anything we can do.   
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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1) Above time plate on a bay which is some 6-7 car lengths long. What are the restrictions for "others" and between 8AM to 6:30PM?? Note: this is the only time plate for whole bay.

 

2) Disabled bay is in middle of the residential bay. On one side (Right hand) there're time plates indicating restrictions and times while on other side of the disabled bay on residential, no time plates are present. The bay ends in SYL and continues to another residential.

 

---Residential Bay----SYL-----Bay no time plate---Disabled Bay------Residential Bay(time plates)-----DYL-------

 

So, the disabled bay do indicate end/start of next restrictions or form part of the bay??

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google earth link please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry for being not that very clear as posted with small netbook. Thanks G&M for info. Only seen that plate on 2nd day of parking and was confused. Only for future references as no any PCNs were issued (:sigh:). http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=Leyton+Road,+Stratford&aq=4&sll=53.800651,-4.064941&sspn=21.613333,57.084961&ie=UTF8&hq=&hnear=Leyton+Rd,+Stratford,+Greater+London+E15+1,+United+Kingdom&ll=51.550552,0.000086&spn=0.011061,0.027874&z=16&layer=c&cbll=51.550469,0.000108&panoid=aRoQOb6pTewFOYOCmhCqKQ&cbp=12,350.91,,0,13.09

Note: Time plate is turned over to other side

Now on (2) :

rpLayout.jpg

 

Resident's and Disabled bays are marked and signed properly.

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Sorry, cannot see any 'resident or disabled' bay in the street, only 2 long bays opposite each other with just ONE plate (as per you image). I note also that the yellow lines do not terminate anywhere in the street which makes them non-complient although that by itself may not be sufficent to appeal a PCN sucessfully. However, I would consider that there is an additional problem because ogf the lack of clear signage as the only plate refers to vehicles over 5 tons (although it dosn't stipulate it means GVW) and buses/coaches. 5 tons by the way, dosn't signify that it applies to HGV's as thses are considered to be in excess of 7.5 tons. Therefore IMO, the street is incorrectly restricted so the answer is yes, you could park there (although looking at the grafitti ect, I don't think I would!).

 

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However, I would consider that there is an additional problem because ogf the lack of clear signage as the only plate refers to vehicles over 5 tons (although it dosn't stipulate it means GVW) and buses/coaches. 5 tons by the way, dosn't signify that it applies to HGV's as thses are considered to be in excess of 7.5 tons. Therefore IMO, the street is incorrectly restricted so the answer is yes, you could park there (although looking at the grafitti ect, I don't think I would!).

 

An HGV is a vehicle over 3.5 tonnes there are different licence classes relating to HGV depending on the weight.

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Sorry, cannot see any 'resident or disabled' bay in the street, only 2 long bays opposite each other with just ONE plate (as per you image)

 

It's hard to see on actual photos so a layout is posted above and on different area. This is second in series of bays that I was confused or to be honest, despite the risks I was confident enough to challenge any PCN received.

 

This particular street has the bays as outlined on post above. This street is residential area and almost all the bays are reserved for permit holders. It's hard to find fault on signs and markings bar one. The problems is this has disabled bay in the middle which most likely was added recently (there's a notice on lamp post for permission to reserve one as disabled bay). Thanks to this addition, once a long residential bay is now into 3 "parts" and the third "part" do not have any kind of time plates/signs/markings within it's "bay markings" which start from one end of disabled bay to other where a SYL starts. So simple questions:

 

Do this "orphan" bay need it's own signs or time plates or technically it is still a part of residential bay ?

 

or in other way: Do the markings of disabled bay in the middle of any kind of restricted bays act as a start/end of next restrictions?

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An HGV is a vehicle over 3.5 tonnes there are different licence classes relating to HGV depending on the weight.

 

If you are talking about the unladen weight then yes. But the sign dosn't state this?

 

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It's hard to see on actual photos so a layout is posted above and on different area. This is second in series of bays that I was confused or to be honest, despite the risks I was confident enough to challenge any PCN received.

 

This particular street has the bays as outlined on post above. This street is residential area and almost all the bays are reserved for permit holders. It's hard to find fault on signs and markings bar one. The problems is this has disabled bay in the middle which most likely was added recently (there's a notice on lamp post for permission to reserve one as disabled bay). Thanks to this addition, once a long residential bay is now into 3 "parts" and the third "part" do not have any kind of time plates/signs/markings within it's "bay markings" which start from one end of disabled bay to other where a SYL starts. So simple questions:

 

Do this "orphan" bay need it's own signs or time plates or technically it is still a part of residential bay ?

 

or in other way: Do the markings of disabled bay in the middle of any kind of restricted bays act as a start/end of next restrictions?

 

Where?!! Am I looking at the wrong street? I can't see any disbaled/residential bay in your link and there appears to be just that one plate (as shown in your fist post)??

 

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yeah..it's for another area n different street. This is case no 2 :smile:

 

It does from the sound of it need its own plate but is it really worth parking there with the risk of getting a pcn and then going through all the fuss of appealling with no certainty of winning?

no it's not and never did. But am wondering now and the purpose of the thread. I asked one of the CEO and he's of opinion that the disabled bay in the middle do not mark end/start of new restrictions. I doubt his opinion but not certain on mine too.

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yeah..it's for another area n different street. This is case no 2 :smile:

 

 

no it's not and never did. But am wondering now and the purpose of the thread. I asked one of the CEO and he's of opinion that the disabled bay in the middle do not mark end/start of new restrictions. I doubt his opinion but not certain on mine too.

 

The disabled bay if in between two permit bays would make a row of three bays needing three time plates, its a common mistake usually down to sub contracted road marking not being checked properly.

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If you are talking about the unladen weight then yes. But the sign dosn't state this?

 

ALL weights for HGV's on road signs are Maximum Gross Weight, unless otherwise stated.

jed

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The disabled bay if in between two permit bays would make a row of three bays needing three time plates, its a common mistake usually down to sub contracted road marking not being checked properly.

 

That's what I thought but CEO was of different opinion. Now any definite answer? yes or no.

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That's what I thought but CEO was of different opinion.

 

What would he know, lol? The answer is as stated above all bays need a timeplate unless there is a legend on the road and its in a CPZ in which case it would be CPZ hours.

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