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    • BLACKBMW
      Problems with my car from @Big Motoring World

      By BLACKBMW · Posted

      Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

      That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • looking4advice4friend
      UKPA ANPR PCN - overstay -

      By looking4advice4friend · Posted

      Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • lookinforinfo
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By lookinforinfo · Posted

      Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [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 only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[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; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • FTMDave
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By FTMDave · Posted

      You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Any advice on how to appeal? Car towed in 6 minutes for alleged contravention I dont think occured

purplesuzie
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purplesuzie

purplesuzie

Posted
Posted (edited)

Hi all,

 

I was referred here by a user who was helped by users on this forum and filed a successful appeal. Here is my story.

 

I went to the doctors surgery, parked up outside (no lines, no signs, no nothing). When I came out (9 minutes later - I have a letter from the doctors to prove it) my car was gone. I thought it had been stolen, rung up the other half, while on the phone, a passer by described my car and said it had been towed.

 

I started speaking to the passer by and it turns out people get towed from that spot all the time as they claim there is a dropped curb there. The curb is not clear that it is a drop, it doesnt go down flush to the floor and there is no white line across it which is the case with other dropped curbs. There is no entrance near it. I did not see it. During this time I spoke to another 3 passers by who had all had their car towed from the area. This is proof it is not clear you are not meant to park there.... a money making scheme? I think so!

 

I called TRACE and they told me where my car was. I tried to speak to the pound and get my car back without having to pay given that I dont think the dropped curb was clear AND the fact they took my car in 6 minutes (they told me this) but alas the pound (run by a private company) and the council both claimed it was the others responsibility. The council even claimed there was no phone in the parking enforcement office!

 

I want to appeal this for two reasons:

 

1. I dont think it is clear that the curb is a dropped curb and therefore think it is unfair I was issued with a ticket (if I knew it was a dropped curb I wouldnt have parked there!)

2. Taking my car in 6 minutes seems massively unreasonable.

 

I was charged £265 for this by the way! I think they stole my car and then charged me for stealing it! Nice huh? Any help would be gratefully received! That £265 went on the credit card, and I really dont know how I'm going to pay it off!!

 

Thanks

 

purplesuzie :)

Edited by purplesuzie
typos
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hhh_88873

hhh_88873

Posted
Posted

First off, get on to your credit card firm and inform them it was a payment that was made under duress, and you wish to do a chargeback. Do this ASAP, if your credit card firm is open 24/7, do it literally right now. If not, as soon as they open.

 

You can appeal to the firm that towed your car, but I can pretty much tell you for a fact you'll be told to go whistle.

 

If its a public road, then like it or not the council DO have at least some, if not all responsiblity. Thats exactly why you pay road/council tax etc.

 

You didnt specify if there was any signage or anything to inform you of the penalties of parking, am I to assume there wasnt any?

 

But like I said, youre best bet is to get a chargeback done on your card, pronto.

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purplesuzie

purplesuzie

Posted
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Posted

Unfortunately the street view spot is of when the buildings were beeing built so you can see it. I have a photo though, so I could post that? And no there were no signs or lines.

 

This happened on 28th June and I went on holiday, and have gotten back now so can I still call the credit card company?

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purplesuzie

purplesuzie

Posted
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Posted

I have attached pictures of the dropped curb.... it doesnt go flush to the floor and I didnt notice it. There is a similar dropped part further up the road which is just a mistake but looks similar.

 

There is an opposite dropped curb....

 

I also attached a picture of other dropped curbs in the area and they are clear.

 

My issue however is also the way in which it was towed. Dont they have to wait half an hour to tow?

How_a_dropped_curb_should_look.jpg

Dropped_curb_I_allegedly_parked_on_Not_flush_to_the_road.jpg

Opposite_dropped_curb_which_is_flush_with_the_road.jpg

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hhh_88873

hhh_88873

Posted
Posted

Im not sure tbh. The credit card firm may indeed question the timescale, and I think there is a timelimit on doing a charge back, maybe it needs to be put in motion before the payment clears.Im not a finance expert by any means, so I would suggest you contact them and ask, and also get advice from the CAB.

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fork-it

fork-it

Posted
Posted
Im not sure tbh. The credit card firm may indeed question the timescale, and I think there is a timelimit on doing a charge back,.

 

Its usually 90 days, but legally you can do a chargeback within 6 years.

Professional property investor and conveyancer

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fork-it

fork-it

Posted
Posted

purplesuzie

 

If your chargeback is not successful, the way I see this is you have to appeal against the towing, and if that appeal is rejected then appeal to NPAS

 

If the council wont let you appeal because you have already paid the fine (towing) then you will have to recover the money in the small claims track.

Professional property investor and conveyancer

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crem

crem

Posted
Posted (edited)

The (primary) purpose of a dropped kerb is to allow easy access from the pavement to the road for wheelchairs and pushchairs. I fail to see how the council could claim this is an official dropped kerb access point when there is a rainwater drain directly in front of the dropped kerb!

Edited by crem
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purplesuzie

purplesuzie

Posted
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Posted

Thanks your comments have been helpful. I was parked over this dropped curb, but as I said, I dont think its clear. I think I will claim based on the fact they took the car in 6 minutes which seems unreasonable.

 

Does anyone know if you can tick more than one box on why you think you have grounds to appeal?

 

I found this statement: If the ticket was issued because either there was no pay-and-display ticket displayed, or an expired pay-and-display ticket, the council must wait 30 minutes after serving the Penalty Charge Notice before clamping or towing you away. This is reduced to 15 minutes for anyone with three or more outstanding parking tickets.

 

I wonder whether that is only when tickets should be displayed or towing in general? Does anyone know? If it is towing in general, then I think I definitely have a case as they didnt wait 30 minutes.

 

Thanks.

 

purplesuzie

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esmerobbo

esmerobbo

Posted
Posted

The actual level of the dropped kerb in respect to the level of the road is uneven. I do agree looking at the picture it does not look clear. However it looks like its marked by a double width kerb stone, this maybe their arguing point!

 

As for the tow away, others may correct me if I am wrong but as the vehicle is causing an obstruction, I believe they can tow as soon as they place the PCN on it.

 

As far as the £265 is concerned I assume this included the PCN and the tow? The card issuer would tell you to appeal, I don't think you would stand an earthly with a charge back.

 

Others may advise otherwise but it seems your only appeal would be that the dropped kerb was not clear, but the double kerb stone and the kerb opposite, may make it unlikely to be accepted!

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Jamberson

Jamberson

Posted
Posted

I agree with the above. The state of the dropped kerb seems a more reasonable line of appeal than the 6 minutes, which I expect would fail. They can tow after 6 minutes if they see fit. However the visibility of the kerb is more a matter of judgement, and just might offer a slim chance.

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purplesuzie

purplesuzie

Posted
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Thanks .esmerobbo...

 

Does anyone know if there is a way of accessing records about how many people have been ticketed/towed from a certain spot. The reason being that I know a lot of people have been towed from there and all of them also missed that it was a dropped curb, so I think that could be my arguing point.

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TheBogsDollocks

TheBogsDollocks

Posted
Posted

In any appeal I suggest including all the text below.

 

I bring to the council's attention the matter of procedural impropriety. The council has incorrectly applied those charges specified under section 101A of the Road Traffic Regulation Act 1984 in regard to the collection of my vehicle when the correct charges to apply are those under section 102(2A). Paragraph 1(1)(b) within Schedule 9 of the Traffic Management Act 2004 confirms this assertion and further indication is evident under paragraph 1(b) contained in the Schedule to the Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.

 

As such the council had no lawful right to insist the penalty charge be paid when I collected my vehicle nor did the council have any right to administer the appeal process specified under regulation 11 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. This regulation only applies where the applicable charges are those under section 101A of the RTRA 1984. Section 101A is made further to section 101 and therefore it only concerns the recovery of those vehicles that had the appearance of being abandoned. Appearing so either at the time of removal or sometime after.

 

Before my vehicle was removed the council served a regulation 9 PCN. The council has not only denied me the opportunity to pay the PCN within the statutory 28 day period but they have also denied me the opportunity to make an informal challenge and the right to receive and respond to an NtO. The PCN clearly bestows these rights upon me. If the council are advocating that these rights are not applicable then in essence the council is suggesting the PCN is a nullity. If the PCN is a nullity then there can be no penalty charge and thus no lawful removal. I expect a full refund shortly.

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crem

crem

Posted
Posted

If the £265 included a cost of the PCN as well as the tow, then I think it has been suggested previously in CAG that you can appeal the PCN on the basis of council impropriately in that by having to pay the PCN at the same time as recovering your car, you lost your right to appeal against the PCN in the first place,

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