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


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

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

stephent123
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stephent123

stephent123

Posted
Posted

I have received a parking notice today from TCP after parking in asda near my work place for too long. I realise the general attitude is to ignore, however my letter seems to be a bit different to others. I wasnt issued with a ticket, only a letter, with photo's of my car with the time entering the car park and the time leaving.

 

Has anyone else had any experiance with this type of letter?

 

Steve

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silverfox1961

silverfox1961

Posted
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Hi and welcome to CAG

I would look around the forum for Parking Eye related threads and you will be in good hands with the regulars

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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dx100uk

dx100uk

Posted
Posted

hope you waved!

 

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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stephent123

stephent123

Posted
  • Author
Posted

I have done a bit of reading regarding this subject.Am i right in saying the following?I do not have to respond to the parking company in any way what so ever.They can only take someone to court if they know who the driver was.As they cant take the driver to court, they are unable to take the claim for money any further?ST

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dx100uk

dx100uk

Posted
Posted

correct

 

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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Crocdoc

Crocdoc

Posted
Posted

Ther is a queue of people who want to go into court with these companies as there are many questions surrounding these charges, identification of the driver is only one very small part of the issue.

 

ENJOY IGNORING

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diskmandave

diskmandave

Posted
Posted
I am trying to enjoy it lol.

 

I think I am going to get another letter soon, as someone parked my car in there again on Monday, all day.

It's one thing ignoring a toilet paper parking ticket, but if this keeps happening

you could be treated as a habitual trespasser which is an entirely different matter. Be careful.

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dx100uk

dx100uk

Posted
Posted
I didn't expect to come back on here after going through the Civil Enforcement Ltd. "ignore everything" process a few years ago :)

 

Received a Parking Eye invoice with pictures this morning. I'm going to do the same with them :)

 

welcome back

 

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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crem

crem

Posted
Posted

 

What does that mean??????

 

I think what diskmandave is suggesting is that if you keep parking your car in the same place and ignoring tickets, they may move on (legally or illegally) to clamping or removing your car. From experience on these forums when this happens, the PPC not only keep your car until a release fee is paid, but also until you stump up payment for each and every one of the "outstanding" invoices.

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ashmk

ashmk

Posted
Posted

I agree. It's ok to ignor 1 or even 2 but don't make a habit of it or they might just clamp you and then you will have to wait till they go home to cut it of. More hassle than it's worth imo.

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Anus Horribilis

Anus Horribilis

Posted
Posted
I have done a bit of reading regarding this subject.Am i right in saying the following?I do not have to respond to the parking company in any way what so ever.They can only take someone to court if they know who the driver was.As they cant take the driver to court, they are unable to take the claim for money any further?ST

 

They can bring proceedings against anyone they wish (eg the registered keeper). They might sue the RK, and say in court "Well if it wasn't you driving the car, who was it?". If the RK's answer appears to the Judge to be dishonest, they *might* find the case proven. It is unlikely, but not impossible.

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Jasper1965

Jasper1965

Posted
Posted
If the RK's answer appears to the Judge to be dishonest, they *might* find the case proven. It is unlikely, but not impossible.

 

I refer you to The Bill of Rights 1689:

 

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;"

 

the companies involved will know this.

 

Stupidly if you log into the TCP website as though you want to pay the parking ticket it refers to the charge as a "fine".

 

Game over for TCP.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Anus Horribilis

Anus Horribilis

Posted
Posted
I refer you to The Bill of Rights 1689:

 

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;"

 

the companies involved will know this.

 

Civil courts cannot make fines and forfeitures, so the point would not arise. If a claim was to be upheld, which only requires the balance of probabilities, then the payments demanded would be damages and costs. Nothing in the Bill of Rights would prevent that.

 

I completely agree that the parking co's are cowboys and their threats are 99% BS, but we shouldn't tell people that they are guaranteed to be safe from civil action. They are not, and the law is soon changing to place shared liability upon RK's.

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Jasper1965

Jasper1965

Posted
Posted

you miss the point, TCP have FINED me £60.

 

They clearly refer to the charge as a fine not damages or costs.

 

Had they invoiced me for breach of contract of the parking regulations then they might just might have stood a chance in court.

Or the landowner (ASDA) might have been able to pursue me for losses incurred but since it was a free car park and ASDA was closed at the time they might struggle to put such a case together.

 

But they've called it a fine so there is no balance of probabilities involved as these are prohibited by a Constitutional law.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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DBC

DBC

Posted
Posted

As for "RK Liability", don't forget that does not change a basic tenant of civil law which states that the landowner can only claim for actual damages caused and not some fancy figure plucked out of thin air.

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Anus Horribilis

Anus Horribilis

Posted
Posted
you miss the point, TCP have FINED me £60.

 

They clearly refer to the charge as a fine not damages or costs..

 

No I didn't miss the point. I replied "If a claim was to be upheld... then the payments demanded would be damages and costs". But feel free to take your point of constitutional law all the way to the Supreme Court, if the parking co described it as a fine then there's a line of argument available to be pursued by a keen litigant.

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