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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.
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Currys seriously lacking in Customer Service


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We purchased a Delonghi Coffee Machine (ESAM6620) from Currys online on 20/2 together with a 5 year care plan at a total cost of £898.99 and this was delivered on 25/2. When we unpacked it, there were numerous scratches on the display screen and we therefore contacted Currys to arrange a replacement. The machine was picked up by courier DPD on 26/2 and we received an email confirming receipt of the machine back at Currys on 27/2. A replacement was sent out on 28/2 which arrived by courier on 29/2.

 

When we unpacked the second machine, to our horror there were similar scratches to the display screen although this time only around 8 or 10, however still unsightly and damaged. We contacted Currys and were advised that this would not be picked up until either Monday 4/3 or Tuesday 5/3 however as we could not afford further time to wait in for a pick up, we took this to our nearest store (50 miles round trip) . They arranged for this to be picked up by courier on 4/3 and we had arranged for the replacement to be sent to the store so it could be opened by us in store to check all is okay to avoid having to deal with the same issues all over again. The added complication however at this stage, is there is no stock showing for home delivery.

 

You would think that this would be straightforward however receiving no word or email from Currys, we contacted them again on 9/3 and were advised that the 2nd return had not yet been booked back in. Unfortunately DPD were closed so they advised they would chase on Monday and WE would have to call Currys back after Monday, unless we wanted to contact DPD ourselves In the meantime I have sent various emails and received no response.

 

We contacted Currys again on 13/3 to be informed that it had still not been checked into the warehouse and when I informed the person I was speaking to that they were supposed to have chased this on the Monday, the person put me on hold and came back to advise that it was checked in on Monday, however the person who did the paperwork did not complete it properly and that was why it was not showing. I was advised someone would speak to the person who did the paperwork and have it corrected and then they would call me back - still no word today 15/3.

 

We therefore called Currys again today to be told that they could not check anything as the online system was down!

 

Have now sent an email to the CEO and waiting patiently ! Is there anything else we can do. I know I can purchase from John Lewis and they will price match £839.99 Vs £1295 however I can only take out a 3 year warranty with JL and ideally want to have peace of mind with 5 year warranty that Currys offer.

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Update - received call on Friday night (approx 30 mins after email sent to CEO) from Director of Knowhow who apologised and advised he would get someone to look into the matter first thing Saturday. Received call as promised and advised only machine in stock was at Braehead in Glasgow which was couruered to Kinnaird Park in Edinburgh and picked up this evening by us. Although it was checked at Braehead to ensure no scratches and checked again upon arrival in Edinburgh, I made sure I checked myself before leaving store. Perfect!

 

:wink:RESULT- Currys you have redeemed yourself and thanks for the compensation payment too!

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I would get rid of that "careplan". You get 6 years from SOGA. The stores insurance policies is simply to make them more profit for no extra work.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Nope. But paying the silly amounts that currys charge simply on the offchance that "accidental damage" may occur....

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I suppose it depends on whether you are accident prone or not. Or if you just want extra peace of mind without worrying about claiming on house insurance. The loss of a no claims bonus if claiming on a TV or coffee machine, might exceed the cost of one of these policies. I've relied on them in the past and it's worked out better than using my house insurance.

 

I'm glad the OP managed to get this sorted anyway. I'd say that was above and beyond to courier goods from store to store, I'm guessing that's not normal practice. Good news. :)

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