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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
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      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.

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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, I'm not sure if anyone can help, but here goes.

 

My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare.

 

The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement.

 

He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go.

 

The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do.

 

As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received.

 

Sorry it's such a long-winded post, I hope someone can help.

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Hi, I'm not sure if anyone can help, but here goes.

 

My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare.

 

The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement.

 

He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go.

 

The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do.

 

As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received.

 

Sorry it's such a long-winded post, I hope someone can help.

 

If you are not getting any joy from the housing association then you should contact your local environmental health department and report the noise to them. They can take action - but will require you to keep a diary, and may put sound recording equipment in your property in order to ascertain the noise levels. Noise abatement notices can be served.

 

Tenants who make a nuisance of themselves can be evicted, but it's a long process, so the housing association may still be in the information gathering stage, however they should be keeping you informed as to what they are doing.

 

It is entirely possible that you can sue for a breach of covenant - the right to peaceful enjoyment of your property. This doesn't mean quiet...it means without being unduly disrupted or disturbed by others around you for whom they are responsible (their tenants). I presume the housing association is the freeholder of the building? If yes, then they are the people you would sue for any loss you suffered when selling the property (in price).

 

You might want to sell it to the housing association...then they can put all their noisy tenants in one block! Or alternatively, ask them to install some sound-proofing in the flats where the most noise comes from (that may be the cheaper option for them in the long run).

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Thanks for the reply. He's kept a diary for the tenant opposite, not sure about upstairs though. He's tried to keep it kind of friendly by keeping complaints to the HA and not going through the council.

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He's been keeping a diary pretty much from the start. The HA gave him a dictaphone to record the noise but it was useless. Re eviction and information gathering, they've had four years to do that and still no progress so I think it's either incompetence or beaurocracy (excuse spelling) or a bit of both.

 

He has to pay them ground rent, not sure if that means that they are the freeholder or not. He's sent them a bit of a sarky message suggesting they buy it, doubt very much that they've got the funds though.

 

I did suggest him renting it out, however he's not sure he'd get the approval from his mortgage provider (it's likely he won't make a penny out of the sale, that's how desperate he is to get out) plus all the hassle being a landlord and having constant phone calls about this and that.

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If he pays them ground rent, they are the freeholder. They may just be able to find the funds to buy the property - and he could inform them that he will be making a claim against them for the loss in value of his property if he makes one, due to having to disclose the troublesome neighbours.

 

Most mortgageees won't withhold consent to rent unless it is entirely unreasonable - but they will also likely increase the mortgage interest as it is no longer a residential mortgage.

 

He can take action with a noise abatement notice himself if he doesn't want to go to the council - sometimes the threat of taking action is enough to make people sit up and take notice (he'd serve it on each of the noisy neighbours).

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