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    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
    • I have received an email in the last 10 minutes 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024  It also includes a "Notice of Hearing" stating that the application hearing will take place on 13th June at 10.00am.  Confused as to whether I need to attend this ?
    • I've received this notice to keeper. I work for the NHS and was delayed due to patient care. I park here regular and and have never had any issues. I've looked at the evidence on the portal and other than showing that i entered at 12.59.33 and departed at 17:14:14 it doesn't state how long i overstayed for. I paid for 4 hours parking over the phone which i wont have done till i got parked but as its over the phone i have no receipt or record but it is not possible for me to have been in excess of 15mins from the photos alone but I'm unsure having read other threads whether grace periods are 10 or 15 minutes. I havent appealed yet but and was about to but in appealing i'm showing i'm the driver which i gather is something you state we must never do. I don't like confrontation but £60 seems extortionate. Hope you can help. 🤞 1 Date of the infringement 30th May 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30th May 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 5th June 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] No reference to schedule 4 just says"...we the creditor reserve the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012." 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up NA 7 Who is the parking company? Carpark securities 8. Where exactly [carpark name and town] Northgate, Halifax Former Dews Car Park HX1 1XJ For either option, does it say which appeals body they operate under. IAS There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE   Notice to Keeper.pdf
    • It never seems to amaze me how the chuckleheads think that No Stopping can ever offer a contract when it is prohibitory. In any case you did not accept the contract by entering the land, you entered the land to get to the airport for goodness sake. In most car parks there is a Consideration period that allows motorists to decide whether they want to stay in the car park . Here on a road, there is no consideration period and whether the motorist finds the terms agreeable or not even assuming that they are able to understand that they are being hoodwinked into believing they are being offered a  contract they cannot turn back. They have a plane to catch and even if they did turn back because they didn't accept the  No Stopping term of   the so called contract they would still have had to stop to turn around. Plus there is a question of Frustration of Contract. You had to stop at a pedestrian crossing .    
    • Just a couple paragraphs their WS that it might be useful to refer to specifically in the OP's WS... Para 6 A contract was formed with "the driver" of the vehicle. Para 8 "The driver" accepted the contract. (The "driver" is not named, or identified anywhere in the WS). Para 7 WHY would there ever be a "no stopping" restriction in a car park? (In Para 10, they specify that it is a "car park"). Para 11 "The Defendant" became liable." Again, they have not shown that the Defendant was "the driver", simply the keeper. Para 20 "It is a matter of agreement"? Not really sure what they're trying to say here...
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Determining reasonable time for work to be completed


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My call to be furbished with a completion date seven days after the double glazing installation team had left my home was answered by what appears to be a mentally unstable drama queen that does not demonstrate the skill of listening and rants rapidly on her own agenda.

 

She clarified she was not aware of all the details of the sale, was adamant she did not want to hear them and indeed demonstrated this by talking over all who contacted the company regards the customers position. Her unprofessional manner and conduct were further demonstrated by her repeated aggressive calls to the customer, refusal to provide information requested by the customer's colleague, refusal to let the customers carer speak, refusal to allow calls to be dealt with by someone else, attempts to project her conduct upon the customer both verbally and in writing, her lack of concern for the position the firm had placed a vulnerable person in and her distressing continued use of offence and attack rather than listen or reason.

 

She has advised my carer and I that the contract will be completed at a time and date that the firm has a suitable engineer in the area and that this near 3 week from removal of vital equipment for the customers well being and safety is to be given no consideration. Furthermore she advised my carer that two will be attending after being informed by my carer that he needed a date and time as he would need to be present on account of how distressed I was as a result of her conduct. This was followed up by a jackanory that a 6 month pregnant office worker was so upset by my call that she had to be sent home!1

 

It is a dangerous game this woman is playing with a vulnerable persons health. I have been unable to stay in my own home due to the lack of the equipment contracted to be reinstalled by this company and to boot I am being accused of the very conduct of this drama queen.

 

Would this delay in completing the work to suit the company having an engineer in the area be determined as unreasonable given its impact and the position it has left me in?

 

Thanks in advance for any advice.

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erdd2 welcome to The Consumer Action Group community.

 

You haven't received any replies to your problem yet so you might be better off posting your story again directly in the sub-forum which deals with your kind of situation. You will get lots of support there.

 

Also, spend some time looking round the forum. Once you understand the layout, you will be able to get best use from this Consumer Community. It is a big forumm and may take some time. But it will be worth doing.

Good luck.

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

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The general rule is that in so far as it is impossible for a supplier to replace or repair, they can't be forced to pay through the nose, to engage another firm, or whatever else you may expect.

 

However in so far as a significant delay or inconvenience ensues, the consumer is entitled to rescind and be reimbursed and a trader who made a mess of a job could also be liable for incidental damages.

 

P.S.

 

I don't really understand the question about a "reasonable time". The usual purpose of specifying a completion date would be to eliminate the doubt.

Edited by perplexity
PS
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Thanks for the welcome and assistance.

 

The contract included the replacement of my existing cctv from my old door to my new door at the time of replacing all windows and doors. It was accepted and agreed with the salesman and the surveyor that the matter of the cctv was priority due to my circumstances. It was also accepted and agreed that if the window fitters could not do this, an engineer would be sent. The surveyor arrived with the installers to stress this point and address the issue. The installers stated with witness present that as it was out with their area of expertise and given its importance they did not want to perform this task. The surveyor left saying he was going to arrange for an engineer to deal with the cctv and that someone would be in touch.

 

This was 24th May. Windows and doors were fitted over 24th and 25th May. No call by 5pm Friday. Office closed, I contacted salesman who assured me he would deal with the matter. Still no call by 1st June and thats when I attempted to speak with aforementioned drama queen with all the ploys of a cowboy company shield.

 

To be fair, I stupidly paid before the entire job was complete, but did not expect to be treated so ignorantly and abusively by the ranting drama queen, employee name removed Loch Leven Windows and Conservatories, Glasgow. Oh and the company preferred cash!

 

Position prior to my carer calling was engineer might be in the area on 11th June, position since is that engineer will be here on 11th, but I am not holding my breath!

 

Again thanks in advance for any assistance.

Edited by IdaInFife
removed employee name
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do you have a written contract or order and was the moving of the cctv included in it?

If it is, then suggest you write to them giving them 7 days to complete the works or will get somebody else to do it as it is a priority and will then take them to court for the costs.

even if it is not in wrting you could still go this route as it obvious the cctv would have to reinstated.

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Do you intend to be the victim or the persecutor?

 

That is meant as a serious question. You might be able to get the job done by pleading for mercy or you might be able to scare them into it, but the impression I get from here is that it fails to try to do both at the same time.

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