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    • FTMDave
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By FTMDave · Posted

      We need to see the actual document from the IAS where it is written - "The Operator's evidence shows no payment for the Appellant's vehicle, or anything similar. It does show two payments for the same registration in quick succession. I would take a reasonable guess, based on the circumstances described, that the person paying has paid for the registration of the person they assisted again." You can't just type it up yourself. At the hearing in July or August or whenever the judge will have two Witness Statements. One from Bank's director says you never made a second appeal. You say you did make a second appeal and the IAS concluded that payment was made. The judge will immediately twig that either you or the director is lying.  But who? Fail to show the documentation form the IAS and instead just produce something you've typed yourself will make it look like you just made up the appeal and you are lying and you will lose the case. Please let us see what the IAS adjudicator sent.
    • sprouting
      Breach of Wholesale Contract

      By sprouting · Posted

      I used to have a retail outlet in London selling my husband's photography.  We also had a co-op with staff so they weren't directly employed by me, but I paid for the other overheads etc.  When my husband died, I carried on as usual for a while but then I became ill and moved quite far away so logistically was becoming very difficult.  I came to an arrangement (verbal) with one of the guys I trusted, that I would send him the images to print and sell as normal, and I wouldn't take any money, as a short term solution until I got back on my feet and worked out the best way to do things. He would pay all the  rent, insurance etc... Over a year later, not able to give things away for free anymore,  I drew up a contract as a wholesale agreement, so I would get everything printed and sent to him and I would invoice his for what he ordered. I noticed form the beginning that he wasn't ordering enough or frequently enough to be making any money, and was suspicious he was doing his own orders on the sly and ordering just enough from me to keep my happy.  I checked with my printer, which I've been with for 20 years, and he sad he wasn't getting orders for my images from anyone else. I emailed a few other printers to ask them to keep a look out for some images but I soon realised this would be impossible to police.  The only option really would be to buy a print from him and check the stamp on the back of it.  I finally managed to get hold of on the prints on sale, and sure enough, he did not order it through me.   In the contract he signed in 2022 it explicitly states that he must destroy all files I had previously sent him etc etc so e is in breach of that.  When I drew up the contract, I was careful to make sure it was legally binding, but before I let rip at him, I need to know where I stand.  The contract is here: PARTIES This WHOLESALE AGREEMENT (“Agreement”) is made effective as of 30th June, 2022, by and between ############################## The Supplier and the Client, collectively referred to as the "Parties," hereby agree to the following terms: TERMS AND CONDITIONS SALES OF GOODS The Supplier agrees to provide the following goods to the Client (“Goods”): Description of Goods ################################# Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b BOTH PARTIES AGREE: The Client purchases the Goods through the Supplier directly, and agrees to delete/destroy any previously held digital images (Goods) owned by the Supplier, and agrees not to use any such files for monetary gain, outside of this agreement, either directly or through a third party from immediate effect of this agreement. The Client purchases the other materials necessary for resale of the Goods independently of this agreement. The Client shall have exclusive rights for resale of Goods at ###########, and also with permission, as a retailer of the Goods elsewhere, provided that there is no conflict of interest between the Supplier and the Client. The Client is free to decide their own retail prices, for the Goods. The Supplier shall use #####  to provide the printed Goods on Fujifilm Crystal Archive paper, with Lustre finish, and will not use any other Printer unless #### cease to trade, without prior approval from the Client. The Supplier shall not impose restrictions on size or frequency of orders made by the Client. The prices provided by the Supplier shall not increase for a minimum of 3 years, unless the prices of the raw materials rise, in which case the client will be informed immediately. Any discounts/promotional prices of raw materials shall be passed on to the Client by the Supplier, and the invoice will show adjustments for this, as well as credit for return postage of any damaged goods. This agreement can be terminated by the Client without notice; the Supplier must give notice of no less than 90 days, unless the terms of the agreement are breached, in which case, the agreement can be terminated with immediate effect. PAYMENT Orders must be paid for upon receipt of invoice, via Bank transfer: ######### Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b DELIVERY AND INSPECTIONS All orders received by 12.00am (midnight) shall be processed by the Supplier the following working day and delivery of order shall arrive in accordance with the Royal Mail schedule, or DPD, should express delivery be requested. The Client shall be liable for the delivery charge which shall be added to the invoice. The Goods will be delivered to the address specified by the Client. The Client shall be provided with order tracking, and should any problems arise with the ordering system or the couriers (Royal Mail, DPD), the Client shall be informed without delay of any such issues. The Client will inspect the Goods and report any defects or damage to the Goods in transit as soon as possible upon receipt of Goods, and will retain damaged Goods for return to Supplier for refund/replacement. GENERAL PROVISIONS CONFIDENTIALITY The prices of the Goods and other information contained in this Agreement is confidential and will not be disclosed by either party unless with prior written consent of the other party. INDEMNIFICATION The Client indemnifies the Supplier from any claims, liabilities, and expenses made by any third party vendors or customers of the Client. GOVERNING LAW This Agreement will be governed by and construed in accordance with UK Law. ACCEPTANCE Both parties understand and accept the wholesale arrangement stipulated under this Agreement. Doc ID: 3d54c1d336d8780243801e0e068ebd33114b088b IN WITNESS WHEREOF, each of the Parties has executed this Wholesale Agreement as of the day and year set forth above.   Signed by us both electronically.   I haven't broached any of this yet, and I am looking for some advice about what action to take.  The main issue I've got is that he has still go those images.  If I terminate the contract, I will need to know that he no longer has those images and I can't think of a bulletproof way to do this. I'm thinking I might tell him I will continue with the contract but ask for a  sum in damages and say that if I find out he's still doing it down the line I will terminate the contract and sue him for damages. The damages side of things I'm not sure how it would work as he is self employed, and I'm positive he doesn't declare all of his earnings to HMRC, in order to find out how much I have lost, would the court demand to go through his tax self assessments?  I'm not sure how to proceed with this, I don't want to lose that place as an outlet as it is in a prime spot in London, which is why I let him have those images in the first place as I would have had to pull out altogether at that point.  I am regretting it somewhat now though.  Please help.
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

      I cannot locate anything in my paper work that states 2 payments were made? Perhaps you could point this out? In reply from IAS it states "The ticketing data has been attached" nothing was sent to me. I made a response to the IAS all this was done online
    • Laura Cooke
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By Laura Cooke · Posted

    • Littleted88
      PPM operator photos PCN - residential parking - 34-39 Magnolia House & 1-83 Cedar House Spelthorne Grove, Sunbury - on - Thames, Middlesex, TW16 7.

      By Littleted88 · Posted

      Thanks again for your responses. The concern I have here, is that freeholder of the land (a company, who presumably would have been the ones to have initially instructed PPM to manage the parking here), will have proof of exactly how long the vehicle was on site for, as the driver was meeting operatives from that company on a separate matter. On this basis, if the matter was to get to court, I feel all the other technicalities about signage, size of signage/font, lack of start/finish times, will not be enough to have any case dropped? This PCN was brought up to the freeholder but they have advised that PPM will not waive this charge. 

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Local Authority-Leak Failure To Repair Compensation Claims Court? Ombudsman?

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shellbells1982

shellbells1982

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Hello,I'm hoping I can get some insight on my current situation with my Local AuthorityI've been a Council tenant since 2006 (my agreement is secured) - the property is a house flat; I'm on the ground with a tenant above and below meIn Oct 2008 on returning from work my living room had sprung a leak from the drop down/ boxed in area of the ceiling - was reported to the repairs team, plumbers & surveyors came out took a look and I was told it was fixed.In Oct 2012 again on returning home from work the leak had happened again and again plumbers and surveyors came outThe Council had said that the cause was the tenants washing machine upstairs not connected properly and the plumber rectified the leak upstairs/ flushed out the pipesIn a series of letters back & forth mainly with my concern that the same place had leaked twice I enquired as to how they fixed it the 1st time (2008) and how they've gone about fixing it this time round. They were and have been very reluctant to open the drop down ceiling box where the water penetrated. Saying it was not necessaryAt one point they said that the leak was caused by the front canopy roof - that was not the case on my investigation as the front canopy roof covered the bay front window onlyIn the end I done a Subject Access Request (Data Protection) and a Freedom Of Information request to see what info is held in regards to all repairs on the flatMy paperwork received showed that their internal systems contradicted what I was in fact told about the repair of the leak. There was no actual evidence or a logging of a repair job to stipulate that the leak source was found and remedied. I actually found a job logged saying 'source of leak unknown'I believe that 1. The Council is stalling on fully carrying out the repairs to the property (due to possibly cost and inconvenience)2. That the 2008 issue was in fact never remedied and instead left open to abuse as so it leaked again 2013. They had not even patched up the ceiling from the 2008 leakThey have continued in letters to refuse and acknowledge any wrong doing instead repeating that I was told 'X,Y & Z' by the Housing Repair teamI mistakenly wrote a 'letter before court action' documenting everything from 2008 till this year (when they finally repaired the ceiling Feb 2013) showing all evidence collated that what they have presented to me is in fact falseHaving re-read the Councils Complaints Guide I am within my right to ask the Chief Exec to investigate - thing is do I initiate Stage 3? As the Council have always kept my letters at Stage 2 and where its carried over from Oct 2012 to now. They still insist in calling the letters 'Stage 2 - Follow On'. As if to prevent me from taking it furtherAn idea of mine was to Subject Access Request or/ and F.O.I the external contractors used - KIERS, as they submit the work back to the Council on inspection and the Council gives it the OK or not. I am convinced that there is a job that the Council refused Kiers to undertakeMy help needed there is to what is the best question to ask so that I fully cover myself as there is a £10 charge I want to ensure that I get it rightI have a catalogue of evidence/ information collected - photo's 2008 & 2012, video taken of the water cleanup (2013), video footage taken when it leaked again and a list of missed appointments which cost me wagesAll help is much appreciatedRobin

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ericsbrother

ericsbrother

Posted
Posted

You cant do an FOI request to a private company but you can do a SAR. I would just write to them and ask, their head office is in Bedfordshire somewhere and ask for copies of the job request and when it was completed and who from the council signed it off.

The council dont decide if it is still a stage 2 dispute, you have to disagree with their response and escalate it to stage 3. With regard to getting your lost earnings back, that will be a complaint to the ombudsman as the council are ultimately responsible to you and for the contractors. typically the ombudsman awards asmall sum for distress so £100-250 is the likely offer, that doesnt stop you from taking the matter to court but you cannot start a court claim and ask for the ombudsman to investigate so ombudsman first.

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shellbells1982

shellbells1982

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I wasn't too sure whether it would be the FOI or SAR - thanksI think my best course of action is the SAR to Kiers -> request the Cheif Exec to investigate at Stage 3 -> and then Omsbudsman -> last resort County Claims(?)The Council have not been so forthcoming, I had to do the SAR twice as they missed out correspondance the 1st time that I know took placeI just think how can they be so ignorant?! The SAR and FOI showed that all the jobs logged for my flat had no jobs done in regards to the leak at all, then they've told me it was fixed verbally and in seperate letters. They've been blatantly lying, surely if it was to go to the/ a claims court on the basis of my evidence provided by the SAR & FOI the Council would then be in breach of the Act's if they were to produce evidence to counter my claim

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stu007

stu007

Posted
Posted

Some things I would be asking for in writing:

 

1. Copy of Right to Repair.

2. Copy of The Plumbers Report on the Repair carried out in Oct 2008.

3. Copy of The Plumbers Report on the Repair carried out in Oct 2012.

4. Copy of The Surveyors Inspection Report on the Repair Oct 2008.

5. Copy of The Surveyors Inspection Report on the Repair Oct 2012.

6. Full explanation as to why the Council failed in its duty to complete the 2008 repair by repairing the ceiling which was only repaired after further complaints in Feb 2013.

 

Which council Housing?

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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.

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shellbells1982

shellbells1982

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re; stu007 - I actually did that then wrote them a letter(your no.6) and the response was that we've already covered this in letters to me X,Y & Z and the Surveyor who attended called me to explain (she didn't) so they are not willing to go through it again. Hence my post on the forum, my next step is to submit the letter again at stage 3 escalation to the Chief Exec to ask to investigate as outlined in their Customer Service rights. This is why additionally I wanted to see what KIERS held in regards to work submittedThis is Ealing Council - when I submitted a F.O.I & SAR to them I asked for SUBJECT ACCESS REQ:Correspondence to and from the Housing repairs team and Council housing officers;- emails & letters between 01/07/2008 and 31/12/2008- emails & letters between 01/10/2012 and 06/03/13F.O.I:Please provide all information relating to the repairs undertaken at the property of 18b xxxxx Road between 1st July 2008 & 31 December 2008. And 1st October 2012 & 28th February 2013 I do like your pointers, thank you

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stu007

stu007

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Posted

Hi

 

Thanks for the update give me a little while to see what I came dig up for you on your council housing and I will post back relevant info for you to use.

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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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stu007

stu007

Posted
Posted

Hi

 

Have had a look but their website is really lacking in information on the Housing side but something that I did pick up was their complaints procedure after stage 3 it says to go to the Local Government Ombudsman very strange for a Council Housing Matter as they should be directing you to the Housing Ombudsman Service.

 

This is the Housing Ombudsman Service Link: http://www.housing-ombudsman.org.uk/

 

So I would be pointing this flaw out in their complaints procedure but please have a good read on the above link. (Although they are Council its Council Housing and therefore they are your Landlord).

 

 

I would also point out what I suggested in post#4 and due to these you now wish this matter dealt with as a STAGE 3 Complaint only

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Please Donate button to the Consumer Action Group

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shellbells1982

shellbells1982

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Hi there,

 

I'd sent a 'third level' complaint to the Chief Exec and requested that the issue is investigated to its full entirety, they acknowledged it and gave a response date of 18/11/13, they then missed their deadline and extended it till the 22/11/13. They did indeed respond today and have somewhat acknowledge their faults and given why. They've concluded with a 'goodwill gesture' of £400, not to sound greedy or ungrateful here but this leak happened in Oct 2012, the ceiling was repaired in Feb 2013 and I've finally got a resolution to the whole issue now - point being is it cost £400 to replace the water damage sofa and I had to pay Ealing Council £20 to remove the old one, the walls are still water stained and the laptop suffered in the leak is dead

Question is - can compensation claims be challenged?

 

 

Thanks

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Greentea

Greentea

Posted
Posted

Have you got household contents insurance if you have then claim off that. Council are just the pits nowadays.

If you complain too often they will blacklist you and then they will make your life hell. How about contacting your MP or your councilor.

Have a look a their website and they should have a lot of information on it above Right to Repairs most council have that on their websites.

 

Good luck

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