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    • just to clarify matters, but once you have complained now/and asserted your rights under the act for this to be paid by 'them' FOC to you, should the vehicle again fail for anything related to the damage done by the incorrect fitting of the windscreen before you purchased then you CAN exercise your right to reject.  is the car specifically identified on the finance agreement? dx  
    • Thanks Dx    merely trying to avoid the fees added considering the circumstances.    Will ring the council tomorrow 👌
    • With 6,000 bank branches closing since 2015, Labour has announced its commitment to bringing more banking hubs to Britain's high streets.View the full article
    • you could have moved within that time in the same complex. have you this in writing - did you request a copy of the judgement CCJ AND Claimform from northants bulk?   it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge dx
    • That’s really useful info, thank you. You are correct, we did not assert our rights as the issue only developed just over 7 months after purchase. When the problem arose we chose to use Mercedes via the warranty company (RAMP) After a lengthy (3 weeks) and complex investigation Mercedes could not fault find without extra hours being approved, which we reluctantly had to do. Most of the costs incurred are for labour to locate the issue. Therefore all works on the car have now been completed by Mercedes in Croydon. They have provided us with a courtesy car which we have so far had for 1 week. I’m guessing we won’t be able to wait that long for a response from Doves as Mercedes will want the balance settled?  Finance was via Santander, we luckily haven’t incurred any expenses only extreme  stress, cancel numerous arrangements and manage family life without a vehicle for 4 weeks 😢 No one seems to know who replaced the windscreen, the car has full (3 years) Mercedes service history and we have tried to contact the garage where the services were completed to see if they can shed any light but they are impossible to speak to.  Thank you again! I’ll update with a draft of our email in the morning 
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Parking Charge Notice Issued


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A few weeks ago I received a ‘Parking Charge Notice’ from a private company called LDK Security Group Ltd. I had bough a parking ticket and I was well within the time limits of my stay. However, when I returned to my car the ticket was not on the dashboard where I left it, but it had fallen onto the floor. It was face up and you could see the ticket from the outside. I have already sent a letter to appeal the PCN, but they have replied and said that I still have to pay. They have also acknowledeged that I did actually have a valid parking ticket, but that it was not displayed correctly and the parking attendant did not see it on the floor. Do I have a case to argue or not? I have read other threads which say that I should just ignore the threats of debt collection agencies and court procedings from companies like this.

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Having appealed (unsuccessfully - what a surprise!) you go back to all initial advice - I G N O R E.

 

Depending on your wording in your 'appeal' you may have admitted to being the Driver at the time (or you could have been a passenger in your own car!).

 

Knowing the identity of a Driver is just the first of many problems they have before any County Court Judge throws out their speculative claim.

 

Sadly you will receive a series of threat-0-gramms dressed up with nonsense legal phrases (sometimes even in red ink) promising everything from flogging and public execution down to trying to just get you to pay them something - even if a reduced amount, having failed to scare some out of you with big amounts!

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Based on previous threads I am going to ignore the letters that I receive from LDK in the future. However, one point that I would like clearing up (as I have been reading other similar threads) is with regards to entering into a contract with the landowner. Is it not the case that by entering the car park, driving past the information board which states the terms and conditions of parking, is that not an acceptance of the terms and therefore you are bound by any penalties?

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First hurdle - who was the Driver to take action against.? They know you were there, that's all!

Second hurdle - How can they find out who the Driver was? All they get from DVLA is the Registered Keeper who has no legal obligation to inform who was the Driver, except to the Police or Local Authority

Third hurdle - Courts will not back up claims for penalties.

Fourth hurdle - All they can claim is their loss. You can prove you paid for the time you were there - so no losses!

Fifth hurdle - PPCs do not go to Court because continually losing is bad for them as word gets around. The only dubiously successful cases were almost certainly against 'planted victims'. We even get PPC plants on these forums giving 'advice' to pay!

 

That is why you will get a series of increasing threats but no stamped Court Papers. Some PPCs have even sent out blank or unstamped Court papers trying to frighten the weak and wavering into GIVING them money they do not have to.

Edited by Tony P
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Thanks. Its just a bit worrying after reading other threads on this subject that I will no doubt get all this 'junk mail' from them threatening all sorts. I don't want any debt collector appearing at my door threatening my family!

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Thanks. Its just a bit worrying after reading other threads on this subject that I will no doubt get all this 'junk mail' from them threatening all sorts. I don't want any debt collector appearing at my door threatening my family!

 

Well pay it then!

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Well pay it then!

 

Probably not a plant but mabye havinastella was a bit short. What he meant to sat that these 'invoices' are printed in BOLD RED SCARY print designed exactly to scare and intemidate you to pay up.

Ignore them and they will go away.

However if you are nervious enough and rich enough to just want to make them go away then by all means pay up. However I assume yiu came to this site for advice and all the prevailing advice is to IGNORE.

 

there, was that big and scary enough?

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Debt collectors don't turn up at people's door. They don't work that way. They rely on the stupid "threatening" letters to scare people into paying up. It's not worth their while to make home visits. Perhaps you are confusing them with proper bailiffs . They are " officers of the court" and only get involved if the case goes to court (very unlikely) you lose (very, very unlikely) and then you omit pay whatever the judge orders within 28 days. Debt collectors on the other hand are just private citizens with no special powers. They cannot enter your premises, they cannot seize goods and they cannot damage your credit record.

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Probably not a plant but mabye havinastella was a bit short. What he meant to sat that these 'invoices' are printed in BOLD RED SCARY print designed exactly to scare and intemidate you to pay up.

Ignore them and they will go away.

However if you are nervious enough and rich enough to just want to make them go away then by all means pay up. However I assume yiu came to this site for advice and all the prevailing advice is to IGNORE.

 

there, was that big and scary enough?

 

 

:razz::razz:

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