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    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/
    • OK. Thank you all for the input.  I'll ignore their letters of demand but NEVER ignore a letter of claim. I'm bracing myself for the stress as their demands £££ goes up and the case gets sent to debt collectors. 
    • OK.  It was worth a try. Their case is still pants and they have broken their own Code of Practice numerous times.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello to all...HELP..ESA tribunal !!!!!!!!!


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Hello All,This is my first ever post so please bare with me! I am hoping there may be someone, somewhere who knows- more to the point-understands about ESA tribunals. I am due to attend a tribunal next month & thought i should start to prepare but quite frankly have no idea where to start on top of being petrified of actually going to the hearing! What i was wondering is, is it worth pointing out at the tribunal that the supposed HCP who came to my home to do the examination was completely unaware of my condition? He was working from the ESA50 form that i had completed a whole year before the actual examination took place. during this year i became seriously ill and it was later found that after having the accident they had actually missed that i had a broken bone in my neck that was on its way to severing my spinal cord. I had surgery then the ATOS examination 8 weeks later but the hcp had no idea when he arrived (after going to the address i had moved from a mere 5 months before?) of any further problems only what had been submitted in the original esa50 as obviously at the time i didnt know either, although i had informed my local office dealing with my ESA claim the same day i found out. I was just thinking, surely for him to compile a medically correct report he would have had to do a little "knowledge brush up" seeing as he is not a specialist in complex spinal issues? Myself and my sister- who was with me at the examination were truly shocked (completely gob smacked) by the whole palava but shocked/ amused that i had actually been awarded a total of 0 points! i can not believe that they have put me in this position of a tribunal and rejected my appeal. I seriously nearly gave up because of the stress but knowing i have been dealt with so unfairly makes me want to fight on. I would be so grateful of ANY advice. Thanks in advance.

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Hello there and welcome to CAG.

 

Here's a link to the forum sticky about appeals and tribunals. It's based on the letter I used for my own tribunal and I won! There are links to things like the DWP descriptors so you can argue the DWP's rules against them. You need a copy of your Atos assessment to do this. There's also a description of how my tribunal and Bookworm's went.

 

Please have a read and come back with any questions you have afterwards.

 

My best, HB

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

Illegitimi non carborundum

 

 

 

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Fisrstly- thankyou so much for replying & i am about to print your suggested letter, it looks perfect. I already have a copy of the report so can start to go through that the way you suggested. I just had a look at the handbook link but i dont think i can use it as it states those rules apply from 28th march 2011 and my examination was on the 17th!!! oh no does this mean im in trouble!

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Hello there. I don't think you're in trouble about the date change, but I'm not one of the forum experts. You could ask the DWP to send you the descriptors for when you had your 'medical', I guess.

 

I didn't realise they'd changed, tbh. With luck someone will turn up and explain to you about that one.

 

My best, HB

Illegitimi non carborundum

 

 

 

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  • 2 weeks later...

Hi honey bee, Firstly thankyou so much for the link to the template letter it has proved an absolute god send. I have gone through all the sections of the doctors report and as you suggested and actually found a few more things than before. What i was wondering is - i have just noticed in the pile of tribunal papers in section 4 The facts of the case (from the dwp) that they have made a huge mistake regarding my condition & dates, i was just thinking is it worth writing this in as well or should i just leave it?

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Hello there. I'm not an expert, having done just my own appeal, but my feeling is you should definitely mention it if they've made a mistake. What have you got to lose?

 

My best, HB

 

PS If you win, and I really hope and pray you will [i shall do what I can to help], can I put you in my 'hall of fame' please?

Illegitimi non carborundum

 

 

 

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yes thats true i guess. I would love to join `the wall of fame` but am not holding out much hope at this stage, although i do firmly believe they have made a mistake. If i had to do this all again in 20 years it would be a minute too soon!! so so stressful!

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Nothing shocks me with the ESA, I scored 0 points too with a shoulder which kept dislocating(when I received the letter informing me and telling me to go back to work, I had just had surgery and had my arm in a sling) I eventually ended up having to leave my job and claim jsa. I appealed but didn't really have a chance of winning it as i was stuck on the wrong side of it affecting my everyday life as they put it.

 

Go to citizens advice or similar and see if they will help you with your case, not sure if you could also get legal help with it via legal aid.

 

Don't be afraid to mention anything what is the truth it's not your fault they don't take into account that your condition may worsen.

 

I was told after I lost my appeal that I could reclaim provided "there was/is a worsening in your condition" which from what you have posted is the case, so worst case scenario claim again stating the above. Hope I never have to encounter Employment and (no) Support Allowance again.

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  • 2 weeks later...

Hi to all, just wanted to thank everyone for all help, info & reassurance especially honey Bee whos advise deemed invaluable. So i had my tribunal on friday, I won!! I went in with 0 points and came out with 45!! I was so so pleased and utterly relieved its over and in my favour!

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Hi to all, just wanted to thank everyone for all help, info & reassurance especially honey Bee whos advise deemed invaluable. So i had my tribunal on friday, I won!! I went in with 0 points and came out with 45!! I was so so pleased and utterly relieved its over and in my favour!

Holy oh my god. This is one of the biggest screwups I've ever heard of. I am so pleased for you, please, revel in this. All the crap they put you through, now you have proof that not only did they get it wrong, they got it monumentally wrong.

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