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    • Referring back to to your initial post... So not a judgment ?
    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (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. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
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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.

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      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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Ridiculously noisy Fridge Freezer!


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Hi everyone this my first post and I have been interested in this thread. I too have this Hotpoint fridge freezer and it also has the same noises which are driving me nuts. The engineers seem to be guessing what is wrong with it but I will give a complete update when this is all sorted. I got mine from Currys who I have always found are very polite and nice to deal with but Hotpoint are a different kettle of fish and we seem to be in their hands when it comes to getting refunds on what are obviously poorly designed fridge freezers. I would never advise anyone to buy the FUFL1810P especially if you enjoy peace and quiet. You wont get it with this appliance

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Yes I know what you mean. I have had a right hoo haa with Currys and Hotpoint. They sent engineers who were really nice and polite and agreed that there was a fault but couldn't diagnose what it was and after many phone calls to the Currys KnowHow team, Hotpoint are going to exchange it. But only for the same model. My only concern is that I am going to go through this whole rigmarole again. I have found Hotpoint near on impossible to contact due to all of their advisers being constantly busy and when they are supposed to ring you back they never do. On the flip side, Currys have always been very polite and have called me back on several occasions so I would advise you to go through the KnowHow team in Sheffield. There is obviously a design fault with these fridge freezers but Hotpoint will never admit that. Im sure if one of their managers was experiencing these problems then it would be sorted immediately. Will let you know how I get on with the new one and hopefully you can get yours sorted too. Just don't take no for an answer. After all they don't tell you at the time of purchase that you are also getting a free woody woodpecker inside the fridge to annoy you.

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Maybe it is a fault with these springs but the sound is more like a consistent clicking (when the compressor is operating). As Nick said, it sounds like a relay switching on and off. Whatever it is it is really annoying and I would never have bought it if I had known it was so noisy.

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Yes definitely poor design. I am starting to feel like Victor Meldrew as it has been an ongoing saga and I have complained that much. You should tell your neighbour that they shouldn't have a problem with a refund in the first couple of weeks but after that its welcome to our world of comparing clucking. The noise from mine comes from the exact same place as yours and its doing it now. Where is that axe?.....

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  • 4 weeks later...

Hi everyone. Just a quick update on the above. I got the fridge freezer replaced by Hotpoint and this one is totally different to my last clucker. Gone are the constant clicking, clucking noises which were so annoying on the last one. It does make a couple of clicks just before the compressor is about to shut off but this is totally acceptable and worlds apart from the last one. There was obviously a problem or defective components on a fair number of these fridge freezers but I would not take no for an answer and would demand an exchange or refund if you can get it. I would not however purchase another Hotpoint appliance as I have banged my head against a brick wall for months trying to deal with these people and believe that they should be a bit more robust in the way that they deal with complaints.

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Hi Nick and sorry for the late reply. After numerous visits from engineers and promises of new parts which never arrived. I got the best response from the Currys Knowhow team. Let them know that you are prepared to contact their MD Sebastian James if the matter isn't sorted. These fridges should not be that noisy and are a real pain to live with. If you can get Hotpoint to admit there is a fault then I think it will put you in a better position. They exchanged mine for exactly the same one which is so much quieter than the last one. Hope u get sorted Nick and keep us updated.

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Hi Nick. Just checked my fridge and I think it is exactly the same as the last one. FUFL 1810P and there is no grill at the top either. They would only exchange mine on a like for like basis which I was a bit sceptical about agreeing to but in all honesty it has been really quiet in comparison to the other one with only a few quiet clicks just before the motor shuts off which is more than acceptable. Touch wood it will stay that way but I am going to keep hold of that bag of rabbits feet just to be on the safe side. Let me know how you get on Nick and don't let them fob you off. Incidentally, I have just had a look at that model on the currys website and I think the G is the colour graphite grey and the P is polar white. The only grill in mine is the Air Tech Evolution thing on the back wall of it.

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  • 3 weeks later...

Hi Nick. Have just read your post and cant believe that they have told you to go to an independent engineer. I can see that scenario unfolding ie. You should not have anybody except Hotpoint engineers tampering with the appliance as this will void your guarantee. Don't take no for an answer Nick. Some of these appliances are obviously defective and need to be exchanged as we have all paid our money in good faith. Did you get the name of the person who told you to do this while its still under guarantee? Send them an email and that should generate a complaint reference number. I would send the email FAO SEBASTIAN JAMES to the KnowHow team tolet them know that you are not bluffing. Im sure they will be back in touch pretty quickly. And Chris, Im sure they will exchange yours if its less than 21 days old so get on their case asap as that fridge will really annoy you after a few weeks. Let us know how you both get on.

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  • 3 weeks later...

Hi Nick. Glad to see that you are finally making some progress. Its disgraceful that we pay our hard earned money in good faith and have to fight tooth and nail for a refund or exchange when the product turns out to be faulty. They obviously don't want to admit that there was a fault with maybe one or more components in these fridges as any recall would cost them big money.

Good luck Rabi. I hope you get yours exchanged without too much hassle but be prepared as we have all been fobbed off many times. Don't take no for an answer.

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  • 1 month later...

Hi Nick. It does seem beyond belief that the engineers that came to me obviously knew nothing about this fix for a problem that was obviously widespread.

I have had a look at that pipe and I wouldn't fancy bending it personally. Mine is still quiet apart from about 10 minutes before the compressor cuts off, a few clucks can be heard. Not as frequent or as loud as the previous nightmare and more than acceptable.

I will drop you an email and if you can send me the pic I will check that I am looking at the right thing.

Thanks for the update and glad you finally the clucker out!

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