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    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
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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.

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      Many 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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Hi there,

 

Not entirely sure where this should be, but I'm guessing someone will help me to move it to a more appropriate location!

 

I'm having massive problems with my landlord and I really don't know what to do about any of it.

 

I live in a privately owned flat, although the council help me to pay some of the rent. I have been here for nearly 4 years and the list of problems seems to be on going!!

 

When I moved in, it was during the summer months. As the winter approached, I noticed a damp smell and then, almost overnight, my lounge and both bedrooms had black mould around the windows and down the walls. I spoke to the landlord about this and he appeared with an idiot in tow, telling me the damp was my own fault as I didn't run my heating enough. The problem never got sorted, until I recently paid someone to come and seal the walls, treat them for mould growth, re-plaster them and have them painted, with an additional fungicide mixed in to the paint to prevent the problem coming back.

 

My bathroom sink hasn't worked properly since I moved in. It won't drain at all so it has a washing up bowl residing in it to catch the water which is then disposed of. The landlord is aware of this problem and has been telling me it'll be fixed. Nearly 4 years later, I still have no functioning sink. The shower broke almost a week after I moved in. He told me he wasn't prepared to fix it as the previous tenant had had it installed. I explained to him that because he left it in the property, it was his duty to maintain and repair it, should it be necessary. 4 years later... Still no functioning shower. My toilet broke last October and I had to pay for a new one and someone to come and fit it.

 

Now, the boiler has gone bang and I have had no heating or hot water for 3 weeks. My landlord is saying that he will get someone round tomorrow to get the job done. The guy has been coming tomorrow for 2 weeks now.

 

It's getting to a point where I want to throttle someone because I am so stressed out. I have a 5 year old daughter who can't stay with me because there is no heating and no hot water. It's all just getting to be too much for me.

 

My landlord has been explaining to me that he has just spent a lot of money doing up one of his other properties and doesn't have the money to fund the repairs that are needed here. The property he has just finished working on is empty. It makes no sense that he has pumped all of his resources into doing up a vacant property where there is work here that has needed to be done for 4 years.

 

I don't know where I stand or what to do. It's driving me insane. What do I do?

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Hello and welcome to CAG.

 

I've moved your thread to the lettings forum where the guys should be able to help you. There will be a short term redirect from the Welcome forum in case you need it.

 

My best, HB

Illegitimi non carborundum

 

 

 

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you could try going through your local council ie health and safety dept, I've done that in the past with private landlords and they have sent someone out to see the problems and then dealt directly with the landlord to get the property sorted.

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I've tried talking to the local council and they've assured me they've spoken to the land lord who is getting the problem rectified.

 

The thing is, it's not just 1 problem. I have literally had to beg friends and family for financial assistance to sort out the problems he should have dealt with. I am up to my eyeballs in debt, thankfully, with friends and family who aren't hammering down my door to get the money back.

 

It honestly feels like there is no hope at all. It seems that it is quite literally me against the world and I'm losing the battle terribly.

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You say you have been in property for 4 years (pres now SPT or new ASTs) and you have had various problems over this period. So why did you stay? You could have moved at end of fixed term or min 1 month NTQ if on SPT. LL has duty to repair fabric of building but did you get LLs prior written permission to strip plaster for mould etc at own cost?

Did you not provide him with 3 estimates of cost and negotiate sharing costs or discuss deduction from future rents?

Why has it taken you 4 years to find this or similar advice site?

What age & type is property?

You sound knowledgable about what was required for mouldy plaster and did a good job but the blocked bathroom sink may be your respobsibilty to clear.

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You say you have been in property for 4 years (pres now SPT or new ASTs) and you have had various problems over this period. So why did you stay? You could have moved at end of fixed term or min 1 month NTQ if on SPT. LL has duty to repair fabric of building but did you get LLs prior written permission to strip plaster for mould etc at own cost?

Did you not provide him with 3 estimates of cost and negotiate sharing costs or discuss deduction from future rents?

Why has it taken you 4 years to find this or similar advice site?

What age & type is property?

You sound knowledgable about what was required for mouldy plaster and did a good job but the blocked bathroom sink may be your respobsibilty to clear.

 

If I'm completely honest, I didn't leave because the location for of the property is completely ideal for all of my needs and, although that sounds stupid, everything is right on my doorstep where I need it to be. Furthermore, I have moved homes 10 times in as many years and this is the first place where I have felt settled.

I am on a rolling contract with my landlord so I can get up and go whenever I feel the need to do so.

The landlord guaranteed me that the works would be done. Sadly, it seems, I was never a priority. Paying for the decorating works and the plastering isn't really that much of an issue for me at all. I got a very good deal on the works being done and a lot of friends have pitched in to assist me with the works. The landlord said that the damp problem was my fault but he would get it sorted. He realised the extent of the problem when he attended the property in October 2012. He told me in 4 weeks time, he would have someone in to get it sorted. In February of 2013, I took it into my own hands and got it dealt with.

The property is very old and needs a lot of maintenance work doing to it. The landlord can see that I am prepared to put my own money in to assisting with the cost, to an extent. I am not paying for a new heating system, which the property needs or a new bathroom. The sink has been dodgy since I moved in and he told me it would get fixed. Nearly 4 years later, he still hasn't done anything about it.

Up until very recently, when things like the boiler have gone BANG, the landlord has been very quick to get it dealt with. It wasn't until recent months that he seems to have changed his approach towards me. I don't know what the reason is but there you go.

However, I have a plumber coming tomorrow to repair the boiler and the landlord has agreed that the whole bathroom needs to be replaced. I have told him that I am happy to pay for a bathroom suite but he will have to pay for the labour as it's going to be way out of my price range to get that done. He seems happy with this arrangement and has agreed that the rent shortfall will be halved until the cost of all the works I have paid for are refunded to me that way.

 

And the only reason I am knowledgeable regarding construction is because I was employed in that industry for 5 years dealing with all sorts of madness from behind a desk!! If it hadn't been for that, I think I would have just put up and shut up with regards to all of the issues.

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If the landlord has agreed to reduce the rent shortfall to cover your expenses of works being done I would get this in writing from him otherwise you could find yourself landed with an accusation of rent arrears and all it's associated problems!!

 

Feebee_71

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If the landlord has agreed to reduce the rent shortfall to cover your expenses of works being done I would get this in writing from him otherwise you could find yourself landed with an accusation of rent arrears and all it's associated problems!!

 

Feebee_71

 

I have it in writing, via letter, and also an e-mail stating exactly the same thing. He has obviously woken up on the right side of the bed and seems to be very happy with me again!!!

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