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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • 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
      • 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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worried customer of buy as u view help needed urgent


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hello every one i have a problem i am a customer of buy as u view and i have had one or 2 things go wrong and i have got behind with payments but have sorted this out now with them.

 

the problem is while i was behind and making arangements to pay off the arears one item i had off them got broken. we had a nintendo wii and my 3 year old decided to pour orange juice inside it and it stopped working and my wife threw it out saying it was too dangerose to try it again because of electrics. we dident tell buy as u view

 

i rushed out to argos and brought a new one in place of it so that we wouldnt get in any further trouble and they would be none the wiser. it was our fault so we just got one and i know its daft because we are paying twice now for it but the worrying thing is a freind of mine says that buy as u view will know its not the same one if they call round because there is a seriel number on every wii and it will not match the one we had off them and i will be sent to prison and the games what come with it are different to the ones what came with the first one

 

please can some one tell me what i must do i am haveing panick attacks worrying would they have the seriel number or is this just silly please help me

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hello no it is not a wind up i am worried about what will happen as we have got rid of the original wii and replaced it but my freind says they will check the seriel number when they come to my house is this true

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Why would they want to check the serial no. if you are paying?

 

Good point..what is making you think they will be coming to check ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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OK assuming this isn't a wind up.

1) They are highly unlikely to ever do a serial number check, even if they came round to your house for whatever reason, they would most likely just see the unit and assume it was the one that they had supplied

2) If for whatever reason they take back or you return the goods then again a serial number check is highly unlikely, if they did do one and noticed the difference the fact they have got back a unit matching the description would likely negate further action, they would probably quietly decide that someone had noted the wrong number down.

Finally stop worrying, there is ZERO chance of you being sent to jail, ok you threw away property that wasn't yours but you have replaced it with an exact model so there is not attempt on your behalf to steal or defraud anyone.Just keep making the payments and nobody will be any the wiser

Mossycat

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yes i am paying and i am manageing allright at the moment but you never know what happens in the future and i was told they can come to check you still have the goods at any time so that is why i am worried i think its a bit unfair how every one is treating this as a joke i am new on hear and i was looking for help thanks any way

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Hi there, and welcome to the CAG

 

Bottom line is, the goods you have in your home from BAYV do not belong to you. You are only HIRING them with a view to owning them at the end of your HIRE PURCHASE (or rent to own) agreement.

 

I know it's a bit late now, but what you SHOULD have done was to notify BAYV that the item had been subjected to accidental damage, and no longer worked. Chances are (knowing BAYV as I do) you have been paying weekly on your account for additional insurance to cover this sort of thing.

 

I would be inclined to explain exactly what happened to BAYV. I'm sure this sort of thing has happened many times before. As I have already said, chances are you have been paying for an insurance policy with them anyway.

 

I wouldn't try passing off the replacement item you purchased as theirs, because it is not. It is YOURS.

 

Hope this helps.

 

Cheers

Lefty

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

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OK - apologies

 

Lefty is spot on, the console is yours.

 

They won't pay out on the insurance unless you still have the console and they examine it. Your OMC (warranty) will not cover the product but if you are paying their in house insurance that should cover accidental damage.

 

As for jail, in all my time with the company I was not aware of any person being taken to court and some people didn't make a single payment on goods ranging from large LCD TV's to sofas.

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Well heres my two pence worth ive had a buy as you view account since 2006 and had a refresh done in 2009 which means im stuck paying for stuff thats not mine until 2012.Anyway ....i have nothing that works now from buy as you view, i notified BAYV and they told me the warranty on the good has ran out ,its down to us to contact the manufacturer to see what they can do.I said well if none of the goods are mine you have a responsabilty to have them in working order(still no joy) so after much humming and harring having a broken cooker,hoover,nintendo ds,pc, wardrobe set and having the mround for an absolute age after replacing said items myself and trying buy as you view to do something...to no avail..i threw the items out becasue i dont have the space to keep all the items.Now im still paying for items that i dont use.Im not telling or advising you to do the same ,just letting you know of what happened to me wit ha load of broken items that BAYV said they would sort out(on this forum i might add to do wit hthe cooker but never did).There is only so much you can do.

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As recently reported,BAYV have made approaches to the CAG with firm interests to try and resolve complaints,and therefore have been sanctioned.

No doubt they will respond here,although I am pretty sure they wont want to be encouraging people to be going out buying replacement goods after theirs has been damaged.

Since we are not yet aware conclusive if insurance was in place,its hard to speculate.

I think for the purpose of clarity and future reference,it would maybe a good idea if the BAYV gave some measured response to this question.

I think it is unlikely that there will be a response on the open forum to that end in this particular case.

But a statement as to the considered course whether goods are insured or not would be nice to see.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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