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    • I would say so yes but ofcourse only in the years the charged it not running till today.
    • please complete this:     and scan up the PCN bothsides to one multipage pdf read upload   dx  
    • Must satisfy POFA if they want to ground Keeper Liability, so no Keeper liability, their RoboClaims always try to sue both as if they can jointly and severally, but the Courts should be looking at the was Driver or Keeper and chuck the claim out for being vague, but they don't  They might if POFA fails and they know they are onto a loser, might have a last gasp and try to rely on Elliott v Loake a criminal case so not applicable to a Civil claim, and CPS v AJH Films, again not applicable as is about employer/employee, they will do this to try to get someone to cough up before a case they know they are going to lose to salvage what they have already paid ou to go to court.  I would delete the  line   As the keeper of the vehicle, I decline as is my right to name the driver (s) at this time"  That is an oblique reference to the duty to name driver in a Criminal case, and is the Elloitt v Loake scenario.   Others will have better ideas, but lloking decent.
    • Good morning request sent off yesterday to moriarty law  but today got this load of tosh  Combine Jul 17, 2019.pdf
    • In response to your question, I have a copy of the title deeds showing ownership and also the leases. No idea what to do with that info though!   I should be most grateful if you would review the attached brief draft defence on page 1. The page 2 thoughts are a work in progress.   The POFA point is weak in my opinion, but having read a lot of analysis of the requirements, I haven't managed to come up with anything beefy.   I should be grateful for any ideas on that, as it seems like a failure to follow procedure would be a strong defence.   Also it asks for the driver's details on the PCN and then the claim states the Defendant was the registered keeper and/or driver, but I don't really understand whether there's a point of defence there.    DRAFT DEFENCE 1)      The claimant has failed to prove that VCS had a contract with the landowner (The West London Property Corporation Ltd.) in August 2015, and therefore failed to show either a legitimate interest in controlling parking at the Berkeley Precinct, or the authorisation to make charges on their own behalf, for any overstay in the carpark, including for first-time offenders (relevant to Tesco lease). (no response to CPR 31.14 request delivered and signed for at 10.32a.m. on 9th July) 2)      The claimant has failed to prove that VCS obtained a planning permit from the Sheffield Planning Department under the Town and Country Planning Act 2007 (also requested in my CPR 31.14 letter) and that there were prominent signs in existence at that time, showing clearly the terms and conditions for parking and the charge payable for any breach. Therefore, the three elements of offer, acceptance and consideration required for a contract were not met, and no contract existed. 3)      The claimant failed to issue the PCN in the timescale required under the Protection of Freedoms Act 2012 for keeper liability and, allowing for the 2 day delivery time afforded to Royal Mail, it arrived a day later than the 14 day deadline. The parking company has not met the keeper liability requirements and therefore keeper liability does not apply. The parking company can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As the parking company have neither named the driver(s) nor provided any evidence as to who the driver(s) were, I submit I am not liable to any charge.    
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Redletter

Quality Issue Fish Tank

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So no pallets were needed...

 

Sounds like its all sorted?.

 

Just waiting for your refund and all done.

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Apparently not after all that!

Hopefully sorted.

Thanks so much for all your help and guidance.

I will let you know once the matter is concluded.

:)


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Can't see them messing up your refund so hopefully you will have that shortly.

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Hi,

The aquarium set was collected today by a seemingley very nice couple in, would you believe, a Vauxhall Zaffira!

So the cabinet went in first and I thought there was no way the tank was going to fit in.

It necessitated the removal of the packaging and only just squeezed in between the rubber seals of the tailgate opening.

I had prepared a checklist/inventory of all the items and they agreed to sign it to say that all was present and correct and received unbroken.

So hopefully the refund will follow shortly

 

Thanks again for your assistance :)


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Good news.

Yet another company have had free advice on how to treat customers and act within the dsr's.

 

No more buying fish stuff ! Buy a rubber duck and stick it in the bath lol.

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Haha I'm afraid I've lots more to buy including an alternative aquarium now!

Let's hope I don't get a faulty one next time.

Thanks again for your help.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Well no sign of the refund yet.

They collected the aquarium on 25th October.

I emailed them and asked when they were going to sort it and got this reply....

 

Dear Redletter,

Yes we ahve recieved the aquarium set back and have processing the the refund once this is has been process we will send you a confirmation email

*

regards

 

julie

 

Anyone would think the shop was in China not Glasgow from the way that was written!

 

Dont know why it should take so long to 'process' when it usually only takes 3 days.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Their probably going to take the full 30 days to be awkward. Companies don't like being told what's what. When did you give written cancellation? Probably be 30 days from then.

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Their probably going to take the full 30 days to be awkward. Companies don't like being told what's what. When did you give written cancellation? Probably be 30 days from then.

 

Hi Nagasis, yes that's what I thought too. I figured they will make me wait. I gave written notice on 15th October. The clock is ticking...


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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This came today....

 

 

Dear Redletter,

Your refund has been processed and should show on you bank/creditcard account over the next three days, it varys depending on the account you pay with.

 

Regards

Supplier.

 

I will update once the money is credited.

Thanks again for all your help.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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UPDATE AS PROMISED:

 

The money is back on my card as cleared funds...and better still my Credit Card balance is now ZERO!

 

:)

Thanks to all who advised with special thanks to Nagasis for guiding me through right until the matter was concluded.


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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Glad to hear, good luck to you and your expectant better half.

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Thanks :)


Redletter

 

 

'I believe the struggle for financial freedom is unfair - I believe the only ones who disagree are millionaires!'

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