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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
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    • If you are buying a used car – you need to read this survival guide.
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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 
        • 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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  • 1 month later...

After sending two letters, three e-mails and four telephone calls explaining my reasons for my actions regarding charges on my account,recieved a computer generated letter today concerned at my lack of communication with them and demanding I put my account in order!!!!!!!

Good grief!!

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Recieved a letter of Smile today saying sorry they haven't been able to respond to my letter of 16th feb.

Says they are reviewing their charging policies and as soon as the executive body makes it's decision they will send me a full response.

They are sorry for the delay and hope to be in touch shortly,and if there is any delay they will be sure to let me know.

 

To top it all,also recieved a letter of Co-op saying if I didn't pay my outstanding arrears within ten days they will send a formal demand!!!!

 

What a load of tosh,same bank yet one side doesn't know what the other is doing.

 

Question is I sent them a letter on the 16th march saying I would be going to court if I didn't recieve payment of my charges within fourteen days,this makes me want to say stuff the fourteen days and do it now!!

 

Would this be allowable??

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Hi,

 

I've also sent a letter to smile asking for my hard-earned cash back. In the meantime, I've had an e-mail to my account about their latest 'tariffs'. Maybe this is what they're referring to?

 

Bri

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Had a snotty phone call from the smile/co-op today saying I had to pay money into my account to bring it within the limit,quoted the terms and conditions to me saying I had to pay at least £1000 into my account etc,etc.

I explained to her I wouldn't be paying any money into the account until the charges issue was sorted,she said she expects money to be paid into the account by the end of the week.

The mail this morning included a threatning letter describing court orders,baliffs and the like,

I've noticed the charges have been frozen on my account since I started writing my letters but should I pay money into the account to cover the overlimit or ignore them and go straight for the small claims court on Thursday which is when the 14 days is up?

I've noticed everything is from the co-op regarding court,debt etc,all I get from Smile is a 'sorry you have a complaint' letter.

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You are £1000 over-limit. What do you calculate your charges to be? If they are £1000 or more then you are entitled to withold them. However, banks being banks - and the Coop seems to be a it better than the others, they may decide to default you and this has serious repercussions and is difficult to deal with.

What are the figures?

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The figures are this

My account has a £500 overdraft facility on it and I am now £337 over that,all due to charges stemming from them paying a £72 visa payment which put me £32 over the limit,with £5 service charge,unpaid standing orders etc,it's now got to this stage.

They are saying a condition of the account is I must pay £1000 into the account every month which I haven't done since these charges started.

Reason being at the time if I paid £1000 into the account by the time they took the charges off I would have been left with nothing to live on for the rest of the month.Tried explaining this to them and they just point blank refused to help.

I now have the money to pay off the charges but that seems to me to be admitting my guilt in this affair so am loathe to do it,but must admit these letters are worrying.,

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Don't worry about guilt. I would suggest that you clear the account but under protest as you consider their charges are unlawful and warn them that you will be claiming them back

the start claiming.

No sense in getting your self into a default situation when you have the money to avoid it.

 

start sending your letters. They will be getting used to it by now and they know what is coming. Just send the LBA and then the claim. Don't worry about the prelim

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Well,the 14 days notice are up,not a word from them,so court papers tommorow,bit nerve wracking but the way they've threatened and twisted what I've said makes me want to go ahead.

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Recieved refund of £270 for Commision charges,excess charge and service charge today,they have said Debit interest is not a charge so is not included,but seeing as that £270 0f charges were calculated into that debit interest surely I'm entitled to some of that back?

A big thanks to everyone who helped me out on this,didn't even have to go to the small claims court.

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Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

 

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

 

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

 

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

 

Thanks

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Well done to you.

 

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

 

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others! rainbow.gif

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Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

 

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

 

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

 

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

 

Thanks

 

Was on the verge of doing the court proceedings,was filled out on line,just proof reading it,then next day letter from smile refunding charges,so basically sent the first letter asking for money back,sent second letter threatning court,then finally they coughed up,all in all from start to finish about 7 weeks.

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Well done to you.

 

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

 

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others! rainbow.gif

Least I can do,wouldn't have got nowhere without the help from this site

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  • 4 weeks later...

Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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