Jump to content


  • Tweets

  • Posts

    • I'm a new victim of Junction City Cars so called dealership. I've bought a car from them, picked up the car from the address in Bradford /Shipley. Lots of issues with my purchase. Apparently they don't have a billing address. I've been to their address found on autotrader, it is the Andrew's Page shop in Leeds. The address in Dewsbury does not exist either, because the special delivery letter sent by us was returned back to me. They have no any traceable address or any address for correspondence. My advice to everyone who's been scammed by these  people to proceed with your investigation and complains to all the authorities possible,   starting with consumer rights(phone number 0345 404 0506), autotrader customer security (phone number 0330 303 9001) and even police or crimestoppers. Anyone wishing to buy a car from them please research first and don't believe any positive reviews they are all made up by 'Adam'.
    • I bought a car from an auction in Jan 2019 and the car engine fault light indicated there was a problem with the ABS. It went to an Audi Dealership for a diagnostic scan to identifying exactly the problems with this car.   One of them was a faulty ABS system which had the component, namely the ABS hydraulic pump identified as being faulty. Since then, this has been independently addressed by a non-Audi dealership but now a new fault code  was recorded that hadn’t been formerly discussed.   The code 01130 ‘Operation: Implausible signal’ declared itself and is related to the 45F2 ABS AUDI UK recall over a year ago. If put this to the dealership who did the diagnostic scan that previous campaigns that have now closed are looked at they will find that this is in fact an Audi recall fault and as such needs to be addressed courtesy of AUDI.   In fact, the same recall fault was listed as an item of charge. When I asked why the ECU had to be changed as well and told it was ‘because the ‘ECU is one and the same unit as the hydraulic pump and the two are replaced because of the way it is constructed’.   The matter has been raised with AUDI UK who tell me that having originally fixed the fault at the time of the initial recall on this car, the campaign open for 6 months was now closed and they wouldn’t be honouring the recall.   As AUDI pointed out when this fault was first identified, this was a serious safety issue and as such I informed the Trading Standards. They were satisfied that the safety issue had been addressed but had no redress as the campaign was now closed.   I was informed the 6 months was not set impartially but at the company’s discretion. They believed the Motor Ombudsman would resolve the issue.  This advice and the state of deadlock lead  me onto reporting it to the Motor Ombudsman but they flatly said they didn’t deal with recalls and ask Citizens Advice.    I feel that a safety recall on a fault is an issue indefinitely if it exists as the fault lies in the design and construction which is implied as the manufacturer foots the bill. How is it that after 6 months they are absolved of accountability? Is this negligence on behalf of Audi? I am not sure why the Trading Standards don’t see this as an issue apart from it being a ‘legal matter’.    What advice would you give me on going forward? 
    • Hi TP,   The good news is - You don't have to prove anything !   You've already explained your position to Harlands and need do or say any more.   Just ignore them.
    • Unfortunately I had a nervous breakdown and signed off work. Placed on heavy medication and had to deal with a repossession order and other debts therefore this wasn’t a priority at the time and there’s only so much you can expect others to do on your behalf.    I am not quite sure how to proceed other than point out the points we’ve discussed with the creditor and if they refuse to cooperate instruct a solicitor though I gave to keep that cost to the minimum.    I appreciate your assistance. 
    • Hi    Another point i have noticed on Page 2 of the JK1 exhibit, the marketing box is 'unticked'.  As a rule of thumb if i apply or do anything online i always tick the box for no junk mail! This form is definitely fabricated by them and is not the original.    
  • Our picks

Surfer01

What precedents have been set?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2502 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

We have had various cases recently where PPCs have been involved, but all these relate to issues before 1st October. However have any of these cases set any precedents that may assist a defendant in a parking dispute after the 1st October 2012?

Share this post


Link to post
Share on other sites

Small claims courts don't set precedents.

Share this post


Link to post
Share on other sites
Small claims courts don't set precedents.

 

I think we all know that, however I was referring to the appeal cases like Parking Eye vs Somerfield or VCS vs HMRC which were high court cases as I am sure that the judges made rulings which favoured the motorist like in the HMRC one regarding the motorist and contracts?

Share this post


Link to post
Share on other sites

I'm not aware that any precedents have been set. The Court of Appeal case against Somerfields was focused upon the effect on the contract of Parking Eye's dishonesty, deceit and false representation.

In this case they were specific to Parking Eye.

The other matters which are of more general interest - such as Parking Eye's abuse of any authority to being a legal action, or the level of the charges demanded were not the focus of the judgment - and so although they are highly persuasive - and all but binding upon the County Courts, they are not binding precedents.

However, it would be a very brave judge at County Court level who would refuse to follow these opinions of the Court of Appeal.

 

I think that we can safely say that anyone who has received a demand for money is at least entitled to have sight of the parking management contract insofar as it shows that the parking company has the power - not just the authority - to bring a legal action, and also to receive a full breakdown of how the money demanded amounts to costs incurred by the alleged infraction by the motorist.


Share this post


Link to post
Share on other sites

PE vs Somerfield with reference to last paragraph "The case is important because it introduced firmly the notion of proportionality into the doctrine of illegality in the field of contract law: that is, the Court effectively held that the claimant will only be deprived of the entirety of its remedy where that would be a proportionate response to the illegality in question."

 

The judgement makes it very clear that only Somerfield were entitled to any monies extorted from drivers.

 

'Under the ParkingEye scheme, after that had expired, a charge was imposed. The Judge found that sufficient notice of the charges was given to create a contract between the motorist and Somerfield whereby the motorist was contractually bound to pay Somerfield the charges of which notice was given if he or she overstayed.'

 

Isn't this a precedent?

Share this post


Link to post
Share on other sites

BTW as PE are offering a service and VAT has to be paid on doing a "service" surely they should have a VAT number on each "ticket" they issue?

Share this post


Link to post
Share on other sites
PE vs Somerfield with reference to last paragraph "The case is important because it introduced firmly the notion of proportionality into the doctrine of illegality in the field of contract law: that is, the Court effectively held that the claimant will only be deprived of the entirety of its remedy where that would be a proportionate response to the illegality in question."

 

The judgement makes it very clear that only Somerfield were entitled to any monies extorted from drivers.

 

'Under the ParkingEye scheme, after that had expired, a charge was imposed. The Judge found that sufficient notice of the charges was given to create a contract between the motorist and Somerfield whereby the motorist was contractually bound to pay Somerfield the charges of which notice was given if he or she overstayed.'

 

Isn't this a precedent?

I don't think that it is because so far as I understand, the locus of PE to bring a court action depends upon their status within their relationship with the carpark owner. This means that in this respect the CA judgment is highly specific. You could say that it forms a precedent to the extent that "where there is an identical contract/relationship between a landowner and a management company purporting to act on the landowner's behalf, then that management company has no locus to bring an action.

However this would not form an general binding principle that management companies may never sue a motorist directly.

I can see a number of ways that the landowner/management company relationship could be altered so that the management company does gain the necessary status and so I don't think that it would be possible to prevent it without an Act of Parliament - which would never happen.


Share this post


Link to post
Share on other sites

Going back to your original question surfer, I'd be surprised if anything post 1 oct 2012 had reached a higher court yet given that it's only just over 3 months ago and our courts don't tend to move that fast.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

Share this post


Link to post
Share on other sites
I don't think that it is because so far as I understand, the locus of PE to bring a court action depends upon their status within their relationship with the carpark owner. This means that in this respect the CA judgment is highly specific. You could say that it forms a precedent to the extent that "where there is an identical contract/relationship between a landowner and a management company purporting to act on the landowner's behalf, then that management company has no locus to bring an action.

However this would not form an general binding principle that management companies may never sue a motorist directly.

I can see a number of ways that the landowner/management company relationship could be altered so that the management company does gain the necessary status and so I don't think that it would be possible to prevent it without an Act of Parliament - which would never happen.

 

As I understand it, in order for a motorist to raise a valid defence in court, the motorist would need to to ascertain the relationship between the PPC and the leaseholder I could ask them to produce a copy of the contract. Is this correct?

Share this post


Link to post
Share on other sites
Going back to your original question surfer, I'd be surprised if anything post 1 oct 2012 had reached a higher court yet given that it's only just over 3 months ago and our courts don't tend to move that fast.

 

Surely not much changed with the Act anyway and previous case law could be used in some aspects?

Share this post


Link to post
Share on other sites
Surely not much changed with the Act anyway and previous case law could be used in some aspects?

Absolutely.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

Share this post


Link to post
Share on other sites
As I understand it, in order for a motorist to raise a valid defence in court, the motorist would need to to ascertain the relationship between the PPC and the leaseholder I could ask them to produce a copy of the contract. Is this correct?

In addition to any other defences, the motorist's defence would probably begin with a para.1 -

"The claimant does not have locus to bring this claim and the defendant puts the claimant to proof on this issue.

If the court finds that the claimant does have locus, then

par.2

para.3

 

etc"

 

Something like that, anyway.

 

In other words the defendant motorist has merely to raise the issue and it then falls to the claimant to establish their locus by proof.


Share this post


Link to post
Share on other sites

It might be that in the light of recent decisions that the claimant begins their POC by asserting that they do have locus.

In that case the defendant's first para would be

It is not admitted that the claimant has locus as alleged and puts the claimant to proof on this issue

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...