Jump to content


  • Tweets

  • Posts

    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
  • Recommended Topics

  • 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
        • Like
  • Recommended Topics

Freedom of Information Act?


baldasacoot
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6397 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My landlords (a housing agency that has taken over from the local authority) want to do a tenancy audit to ensure that I am the tenant and not sub-letting. They refuse to let me send them ID documents or take them round in person and want to interview me in my home, which I'm, not too happy about. They have not said they want to inspect the condition of the property, which they are entitled to do under the tenancy agreement, but they do demand access to interview me inside the flat. This seems to imply they want to snoop about and check whether I actually live there, like, what? Looking through my laundry? They say they can evict me if they cannot gain access.

 

Am I entitled to ask for a copy of their audit checklist in advance of any interview? Does the Freedom of Information Act cover this? If not, is there any law I can use to get a copy before I let them in so I can see what boxes they want to tick?

 

 

Cheers

 

~

Link to post
Share on other sites

Sorry, I dont think the act would cover that... but i will stand corrected!

 

However, have you asked them on what basis they are conducting this on? As far as Im concerned, if my landlord did this to me, I would say this was a breech of my rights to have quiet enjoyment of the property.

 

I would say this is a breech of the tenancy agreement on their half. And that they should provide you proof that you are indeed subletting. If they do not have this proof, then they should leave you to quiet enjoyment of the property. I think this may come under the freedom of information act, request all details they hold on you, then you may know why they are conducting this enquiry.

 

Relooking at your post - is this a housing association? I dont know if a different set of rules apply to this, but I would say you have no less rights than someone in a privately rented setting.

 

I do however remember reading in a local paper, that the housing estate (ex council taken over by social landlord) I have recently moved away from was subjected to police going around checking who was in the properties, and making sure they were the right people in the properties. I also remember thinking, surely this must be incorrect, as no one would have a right to do this to people, and what about those like me, who were out all day, would the police batter down the door? It seemed like Big Brother to me, and I would have had a LOT to say about the matter. As it is, im just grateful im out of there now.

Link to post
Share on other sites

Well, they say my address was randomly selected for a tenancy audit and that they are allowed access at all reasonable times "for other management purposes", as well as in emergencies and to inspect for damage. I'm inclined to tell them to off it and prove in court that I am not the tenant, but if they can evict me for not letting them in, they won't have to prove that I'm not the tenant. I just don't think this is reasonable, although it seems it happens on other estates.

 

I have to prove who I am, my date of birth and provide recent bills, statements etc to show I am living there and that I am not someone else who is subletting from... er... me. And some git with a clipboard will be asking me questions and trying to ascertain if the place is occupied by me.

 

Yes, it's a type of housing association that is managing the estate for the council and paying for some re-building, refurbishing and new builds. In order to make a profit, of course. I've been there over 17 years, my rent is always paid monthly in advance and I've never heard of this before.

 

 

Cheers

 

 

~

Link to post
Share on other sites

I think you are being misled about material issues. A tenancy audit does not require entry to your property unless the audit includes other matters. If they want to confirm the ID it can be done at the door.

 

They cant evict for not letting them in. Even if entry was permitted in the agreement their remedy would be a court order/ injunction and not necessarily eviction.

 

The only way they could try to evict is if they claim that the tenancy was induced by misrepresentation or fraud. Having said that, your refusal to allow entry is not evidence of that. If they want to allege such grounds...its up to them to prove the case....if all they have is a refusal to allow entry...it would be a very weak case.....

 

They dont need to enter the property to make sure there is no subletting either...this maybe one case where there could be a HR issue...

Link to post
Share on other sites

As to your question about the Freedom of Information Act, the Act allows access to Government or Official information which is defined particularly in the Act - it most certainly does NOT apply to personal, corporate or commercial information. It would not therefore cover any request for information from your Landlord (whether a person or an organisation), unless they are actually a Housing Association which form part of the local authority.

 

Rather than quoting the Act at them, why not just write and ask them nicely first? It may be they'll be quite happy to send a copy of their audit checklist - and any threat of eviction is simply whistling in the wind; they can only evict you for matters of gross misconduct on your part regarding your tenancy, and denying them access is not that. They might be the rightful owners of the property, but a Tenancy Agreement makes it YOUR HOME, and they must submit to any reasonable conditions you have for entering it on official business.

 

If they wish to interview you, suggest to them that they do so in their offices, and explain that you'd like to have a formal representative with you. If they wish to inspect and audit the property then they are entitled to do so at a time convenient to you and with your presence. If you think they have any REASON for their apparent suspicion, now would be a good time to negate that reason.

Link to post
Share on other sites

I'm not sure if they are a straight-forward Housing Association or an Arm's length body. They are managing the estate on behalf of the local borough authority.

 

I agree with most people's comments, at least it seems common sense to me in a free democracy, but my tenancy agreement says that I must allow them access "...at all reasonable times.... "for other management purposes". They are saying that the audit is part of estate management and if I don't let them in I am in breach of contract, which gives them grounds for eviction. So far, my main concern is that they were setting appointments and expecting me to take a day's annual leave from work and sit around waiting for them to turn up, which I am not prepared to do. I've been so busy I haven''t had time, anyway.

 

I already asked them to send me a check list of questions they wanted answering, offered to ask my GP to verify I've been registered at the local health centre on the estate and at my address for 17 years, send them copies of rent statements, electric and phone bills etc, but they won't have it. They want photo ID as well.

 

I already suggested that I could probably find time to call in at the local office one day, but I can't make definite appointments due to work committments, and they insist the interview has to take place in my home.

 

Sucks, doesn't it?

 

~

Link to post
Share on other sites

I'm not sure if they are a straight-forward Housing Association or an Arm's length body. They are managing the estate on behalf of the local borough authority.

 

 

~

 

If they're managing the property in the way you describe then I'm pretty certain that they will fall under the FOI.

Link to post
Share on other sites

  • 3 weeks later...

Sorry to resurrect this thread, but I have just found out that they are an ALMO which is wholly owned by the local Borough Authority and have taken over managing the publically-owned housing stock on the borough's behalf. They are managed by some sort of "board" of five residents, five member's of the organisation and five "independent people".

 

In order to get details of their policies, standard operating procedures, audit procedure etc, I assume I use the Freedom of Information Act, rather than the Data Protection Act? The next question is how do I go about this? I am not claiming back bank charges or anything like that, I just want information on the information they want from me, plus some other information.

 

I know from doing audits at work that many questions on an audit form are addressed to the person doing the audit, not the person being audited. So they won't ask me those questions at all. The auditor will make a value judgement and answer those questions for himself. I just want to know what those questions are, in advance. They have so far not sent me anything. They are threatening to evict me for breach of contract, although I have pointed out in writing that I am not preventing them doing their audit, nor am I denying them access to the property. They simply have failed to call round when I am at home and I am not in a position to take a day's holiday to meet an appointment of their choosing.

 

Cheers, grateful for any help.

 

~

Link to post
Share on other sites

And as a guardian of misuse of dates of birth - I'm almost positive this information does not need to be disclosed, other than 'Over 21' to confirm the tenant legally entered into the contract. As I tell others, my wife and mother know my date of birth, and unless you're going to send me a card each year, it's really none of your business.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...