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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.
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    • 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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I have just received a letter from Civil Recovery Solutions claiming that damage was done to a room at the Travelodge which I stayed in on New Years Eve. Me and my friends are pretty chilled out and not stupid whilst intoxicated and I know there were other people in the room who we were chatting to throughout the night who were staying in other rooms.

Basically the bed was jumped on and broken and coffee and sugar was thrown around the room, and I know I had no part in this, but as the room was in my name, I am being fined £500.73 for 'Damage to bed and electrical socket' and 'soiled walls and carpet'

I was not even aware there was an electrical socket broken, altho was aware of the other damage, altho am 100% certain it wasnt me and have been told by my friends that it wasnt them, which I believe as they are honest and would admit wrongdoing.

Do I have a leg to stand on here? Any help would be appreciated :)

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Your room and you are responsible for it. The hotel chain will have CCTV on each corridor and they should be able to check whether any one went in the room after you left.

 

They will check the cctv, if they can't see anyone else in your room. You will be responsible and liable for the bill of repairs

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you have a 'speculative invoice'

 

its NOT A FINE

it has no standing in law nor ANY law backing it whatsoever.

 

up to you really.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Travelodge terms and cons state-

 

"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking."

 

By agreeing to a bookin you agree to these terms and you have broken them.

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"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property. If you request it, we will send a Breakdown of these costs to the address used for the booking."Do you work there then???????????????

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if you were the one who booked the room then its you who agreed to the terms and conditions. travelodge are known to use the county courts to reclaim the damage costs. you need to speak to them and see if they,ll accept a lower fiqure

 

normally they would charge it to your card if you have enough credit

 

would a judge see it as a speculative invoice. damaged caused company had to replace and repair. travelodge did in fact suffer a loss

:???: what me. never heard of you never had a debt with you.
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lets just be clear, i did not recommend you ignore it

rather, just be clear upon 'what' it actually IS

that being it is NOT a fine.

 

you really need to all get together and talk about it , else

you COULD see yourself in court.

 

however

thats not to say the figure they are asking for is 'correct'

and not negotiable

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok... I'll bite:

 

Travelodge terms and cons state-

 

"You must not damage or interfere with any items belonging to us. If you do so we will terminate your booking. We will instruct a third party to contact you after your stay to recover the costs for any repair, replacement or specialist cleaning we incur if YOU damage our hotel or property. If you request it, we will send a breakdown of these costs to the address used for the booking."

 

By agreeing to a bookin you agree to these terms and you have broken them.

 

According to this, you're ok as long as YOU didn't do the damage. But i'm sure Travelodge will have a different definition of 'YOU'.

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which is why they did not run it on the debit/credit card they swipe upon taking the keys?

 

we have had a few of these before.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Normally the problem with Travellodge is about smoking - where it is difficult to prove, the client absolutely denies that they smoked in the room etc and Travelodge offers no proof about the smoking or any justification for the bill.

 

This is rather different because I expect that there will be photos and a proper estimate for repairs.

 

If the rook was in your name then contractually you are obliged to hand the room back in good condition. If wasn't in good condition then I think that you are probably liable.

 

What you should do is to write to Travelodge and ask them for photos and the estimate for repairs. Tell them that you want to see two estimates and details of any losses that they have suffered.

 

You had better then discuss it with your friends and see whether together you are prepared to put your hands up and settle the reasonable bill.

 

Keep copies of all correspondence - don't dop anything on the phone.

 

You can fully expect that maybe as much as half of the bill is a commission to Civil Recovery.

 

The position I would take is to say that there was no need to bring in Civil Recovery. If they had written you a letter in the first instance outlining the damage with a properly estimated bill, then you would have paid it.

It would only have been necessary to bring in Civil Recovery if you had caused problems paying for the damage. You are only required to pay for Travelodge's reasonable losses and it seems to me that bringing in Civil Recovery from the start is not a reasonable thing to do. Travelodge have a duty to mitigate their losses and they may not have done so.

 

As you have been advised, watch your card because we have heard instances of people merely having their card details debited. You should inform your bank - in writing - not to pay out anything to Travelodge. If anything is taken then complain in writing to your bank ASAP and insist on a chargeback - or better still inform them that this is an unauthorised payment and that you want immediate refund under the FSA rules.

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