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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
    • I feeling very humbled by EVERYONE taking time to respond to me, thank you. On balance it seems the best bet is to wait it out. Cheers. 
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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housing association issue possibility of it turning into a legal issue


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I think (know ) its the wrong place for this but not sure where to put it

 

I understand that tenancy agreement and/or local by-laws may play a part in this

 

person lives in a housing association property car on drive has insurance MOT but no road tax (sorn)

 

housing association have told them they have 2 months to remove the car from drive as its not road worthy if its not moved they will remove and dispose of the car

 

can they really remove this car

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its not my property its a friends

 

a few months ago he was told he had to use his drive to park his car(s) and not the street he his wife and son all have cars

 

he did look into this and found out the local authority own/maintain the road and not the housing association

 

one of the Neighbours is on some kink of committee (last 12 months) not sure if it housing association or local authority committee but I know most of the Neighbours are getting fed up with her petty complaints and it looks like they will do anything to keep her happy

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Hi

 

Oh not another housing association that seems to like playing heavy handed with its tenants what are they going to say next your kids cant play in the street oh wait my own housing association tried that and did it back fire with really bad press.

 

Is it at all possible that you could ask them exactly how the letter is worded and post it up and which HA

 

1. The car is on the properties drive is fully insured but has been declared SORN to DVLA you have been threatened by the HA that you have 2 months to remove car or it will be disposed of. Due to this you require to know under which policy and procedure the housing association are using for such action and require full copies of those policies and procedures.

 

2. As for parking on a public road unless that road is the housing association which I doubt it is and if the signage and road markings say you can park as it a public road then they are just being heavy handed as the road does not belong to them.

 

I would also ask the housing association for the following document:

 

* Complaint Procedure

* Customer Care Standards

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1. The car is on the properties drive is fully insured but has been declared SORN to DVLA you have been threatened by the HA that you have 2 months to remove car or it will be disposed of. Due to this you require to know under which policy and procedure the housing association are using for such action and require full copies of those policies and procedure

 

have told them to ask this in writing (I said ask what legislation and or by law they intend to use and to provide a copy of said legislation/by law )

they didn't get a letter they had a visit from 2 men from the housing association because someone had made a complaint (lady on the committee they think) about the car the car has been on the drive for 2/3 months with sorn

 

come to think of it I should have told them to ask for it in writing that the car would be removed

 

* Complaint Procedure

* Customer Care Standards

will tell them to ask for this

 

I have told them to join CAG

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A sorned vehicle cannot park or be used on public highway.

Does the AST provide for off-road T parking?

 

". As for parking on a public road unless that road is the housing association which I doubt it is and if the signage and road markings say you can park as it a public road then they are just being heavy handed as the road does not belong to them."

What do you mean Stu?

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Hi

 

@mariner51

 

Basically what I am saying about the public road is if it does not belong to the housing association then there isn't much the housing association can do about it as its a public road and not theirs, in fact all they can do is politely ask the tenant but that's it as they would have no legal recourse to enforce action on a public road.

 

@hallowitch so two hefty housing officer came and threaten tenant with removal of vehicle and left not paperwork or forwarded a letter ok this changes thing slightly.

 

In there letter make sure and title the letter "Formal Complaint" if they can remember the 2 housing officers names name them in the letter and ask who was responsible for such a heavy handed course of action of 2 months to remove vehicle or HA will.

 

Also I would to prove the vehicle is insured and SORN encloses copies of these document with the formal complaint.

 

Please remember them to always get Proof of Posting and to keep copies of there letter and all correspondence.

 

I would also advise them from now not to deal with this by telephone keep everything in writing only even if the housing phone just thank them for the call but ask them to put it in writing as do not wish to deal with this over the phone.

 

Do you know which HA?

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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If the vehicle is MOT'd then it is roadworthy so they are taliking out of their alimentary canals. The HA has no more rights in regard to street parking than any other member of the public. They can complain to the police about obstruction but no contract is extra-territorial, so they cant tell you what to do elsewhere and the road is elsewhere.

I dont doubt that the tenancy prohibits the use of the driveway for repairing vehicles that dont belong to you (or any other business purpose) or allowing disrepaied vehicles or parts to accumulate but they have no powers that would permit the seizure of your property without a court order so a very stiff letter required about that one.

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