Jump to content
  • Tweets

  • Posts

    • The reason why they are sending text (idle) threats is because the only way they can make money from debts that they buy is by frightening people into paying up. Ask yourself the question? If it’s such an open and shut case for them to win, why haven’t they just issued a claim form already and got their ‘top lawyer’ on it .
    • Ok, i'll post the contract on here if I get it.   
    • We were told that to service our twin axle caravan the cost was £250.  We also requried additional work and we would pay to have done.  We were phoned by the dealer and told cost was £279 which was fair enough for the extra work as labour charge is £60 an hour.  On collection they added on extras like oil, grease and brake cleaner at £8, CO2 gas check at £3 and 32mm Alko flange at £18.  On the two previous occasions the charge of £250 included oil, grease, brake cleaner and Alko flange which is a one shot nut.  the caravan has done 1050 miles since it slast servcie in Oct 2019.  How can they do a service without using oil, grease and brake cleaner?  For the amount of £8 I coudl have bought a tin of grease, a can of oil and a can of brake cleaner.  It is a caravan that does not have an engine and the only actual service parts are the running gear i.e. axles, wheels and hitch.  All the rest are checks i.e. damp check and gas pressure check for leaks.  As for the CO2 gas check is a totla rip off as CO2 is carbon dioxide and not carbon monoxide!  To justify the charge of £3 they used regulations relating to tenancy domestic agreement which is not applicable to caravans ! Unfortunately as they had our caravan to get it back we had no option except to pay for the service plus the extras!  Really annoyed, but what can you do as they have you over a barrel?    
    • After reading around some more, I realise I should have mentioned I also did a Subject Access Request, however I don't think I did this correctly i.e. it was a bullet point amongst others in an email. I guess I should do this request separately and in letter form, recorded delivery? Can I also send this via email?
    • Even if the contract appears to be binding - that doesn't necessarily mean that it is all above board.   With all respect to the Which team, their advice is generally a bit luke-warm and sheltered.   Let us see the contract as well - if and when you get it.   Also even though there appears to be a contract, it doesn't mean that they will honour it and it certainly doesn't mean that they would be prepared to expose themselves in court in order to try to enforce it.    "Binding contracts" may often be useful to frighten people into pay up
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2547 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I am a courier on my own and I'm writing because my situation with the fines are clearly damaging my work. The last fine that was received in the category Parking Ticket issued by Civil Enforcement Officer AND SENT BY POST .

In Camden Town Council I was sitting inside my van stopped in a bay of "Resident Permit Parking Only" waiting for a customer to deliver some beds when in a while a traffic warden approached and started to pass me a ticket.

I wasn't doing anything (loading/unloading) at the moment

I thought the officer would never pass me a ticket in this circumstances as I was inside the van and I could move it straight in any moment.

Well I thought wrong because after a few minutes she had the ticket in hand ready to give me but when she confronted me with this situation I moved my van out of the place not even giving her chance to take the evidence pictures or giving me in hand the sheet.

After one month of this event happened I get the PCN to pay 130 pounds and 4 evidences photos which is not clear that my van appears.

 

Contravention description - Parked in a residents` or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge - shared use bay

 

 

What can I do in this situation ?

 

Thanks in advance

Link to post
Share on other sites
If your van cannot be identified then deny you were ever there.

The van has already been identified by the VRN on the PCN. There is no statutory requirement for photos.

 

Is CAG now encouraging people to lie?

Link to post
Share on other sites
Well I would lie

 

And it would achieve nothing. By lying, you would be foregoing any other defence, such as loading/unloading etc , since apparently you weren't there in the first place. If you maintained the lie as far as adjudication, the first question the adjudicator is going to ask is whether you were there. For all we know the CEO may have made a note of the tax disc or a description of the driver.

 

Outright lying invariably comes back to bite you. It's not good advice.

Link to post
Share on other sites

It's not polite to criticise other posters bluntly but the recommendation to deny the event must be the most stupid and reprehensible comment on a forum ever - apart from being an incitement to criminal conduct. To have then tried to justify it makes it only worse. It is a criminal offence to make a false statement to a parking adjudicator, maximum fine £5000.

 

It seems that the 'victim' of the PCN had only himself to blame and is unaware that driving away in attempt to evade a PCN since March 2008 is foolish and ineffective as it will result in just such a PCN.

 

If this 'victim' does seriously intend to challenge the PCN he should initially ask the council for copies of all photographs taken (will get better pictures than already provided) and ask for a copy of the CEO's notebook entry relating to the issuing of his PCN.

 

If it ends up being this victim's word against that of the CEO then the CEO could and should win the argument.

 

There is action in progress elsewhere right now where it is proven that a dishonest CEO has falsified the contravention evidence and will probably be deservedly in line for dismissal. Something to cheer about. No-one on this forum should be in the same mould as that.

Link to post
Share on other sites
......and you are on the moderation team!!

 

 

:jaw:

 

Is that supposed to make me some kind of saint or something.

 

If I was to walk into the centre of the pitch at Wembley on cup final day and assault the referee in front of a 100k crowd, I would plead not guilty and let them find me guilty.

Link to post
Share on other sites

It would be silly to deny being there - they have your vehicle make and registration, the CEO notes and possibly photos. One false statement like that and you can forget any chance of winning an appeal.

 

Better to put forward mitigating circumstances and hope for a reasonable decision. At the end of the day, you did the deed, so it might be that the charge stands - that's the way it goes.

Link to post
Share on other sites
Is that supposed to make me some kind of saint or something.

 

If I was to walk into the centre of the pitch at Wembley on cup final day and assault the referee in front of a 100k crowd, I would plead not guilty and let them find me guilty.

 

There is a difference in between pleading not guilty and lying!! You could be not guilty for many reasons lying but saying you were not at the location when you clearly were is blatantly a lie and if you did that in Court you would be guilty of perjury. Lying in representations is a criminal offence so as a member of the 'site team' is it really a good idea to be seen to be encouraging someone looking for advice to commit a criminal offence??

Link to post
Share on other sites
And the wardens, mid-management and top monkey's of various LAs scrub up whiter than white......

 

If a ticket has been issued fraudulently then there would be grounds for appeal, that is what the forum is here to advise on. Its not here to encourage those that where given valid tickets to pervert the course of justice!!

Link to post
Share on other sites

I will concede on this one, of course, a ticket has been received by post so they know who you are, that bit didn't sink in as you also say 'they can't identify the van'. That was the bit in my mind.

 

If they have sent you a ticket, then they must have identified the van and the reg or you wouldn't have got a ticket.

 

As for mitigating circumstances, how can there be any, if you were there legitimately you wouldn't have driven off when approached.

Link to post
Share on other sites

As for mitigating circumstances, how can there be any, if you were there legitimately you wouldn't have driven off when approached.

 

Not necessarily. Mitigating circumstances would include the need to stop somewhere to carry out business, without blocking traffic flow. It doesn't mean the contravention did not occur, just that there are circumstances which could be taken into account. It's not a particularly strong case, but the option is there to appeal.

 

He can explain driving off of course - to avoid the unnecessary issue of a PCN. The fact that he drove away could even go in his favour, as he was apparently complying with the CEO's point of view.

Link to post
Share on other sites
Not necessarily. Mitigating circumstances would include the need to stop somewhere to carry out business, without blocking traffic flow. It doesn't mean the contravention did not occur, just that there are circumstances which could be taken into account. It's not a particularly strong case, but the option is there to appeal.

 

He can explain driving off of course - to avoid the unnecessary issue of a PCN. The fact that he drove away could even go in his favour, as he was apparently complying with the CEO's point of view.

 

I want to thank everyone for sharing your opinions regarding this threat :clap2:

 

It seems fair enough do the challenge on that point of view. I was aware of the risks that could happen to me but at the same time I think that the CEO did not act in good faith because I was inside the van and could leave at any time.

In these situations I consider that I am stopped and not parked as I often have the engine on

 

In this case I had things to unloading, but I didn't do anything but If I was unloading my van should I had a best chance to justify the fine? to be honest when I face areas where is completely impossible to unload I know I always run the risk of getting a ticket and I will always have to make this thing of cat and mouse game

Link to post
Share on other sites

I wouldn't advise that you put these things in your appeal. If you write and say the CEO was not acting in good faith, that won't look good. And if you claim you were unloading, they won't believe it.

 

I think you should just tell them the story of what happened, and ask them if they will cancel the PCN on this occasion. Explain that you had to stop and that was the safest place - they might let you off.

Link to post
Share on other sites
  • 3 weeks later...
I wouldn't advise that you put these things in your appeal. If you write and say the CEO was not acting in good faith, that won't look good. And if you claim you were unloading, they won't believe it.

 

I think you should just tell them the story of what happened, and ask them if they will cancel the PCN on this occasion. Explain that you had to stop and that was the safest place - they might let you off.

 

 

I appealed in the ground of mitigating circumstances and they have replied me with this email

 

"You have disputed this Penalty Charge Notice on the grounds that you were loading/unloading from your vehicle. There is an exemption for loading/unloading, but this should be necessary and relatively continuous. In this case the Civil Enforcement Officer saw no such activity occurring and you have not supplied any evidence of the loading/unloading you state was taking place at the time."

 

This response makes no sense but that means that I basically lost this case right?

Link to post
Share on other sites

The o/p did state in the first instance 'van stopped in a bay of "Resident Permit Parking Only" waiting for a customer to deliver some beds'. Can you get some corroborating correspondence from them as it would swing things in your favour. It would be worth getting the full address of delivery on a docket with signature as then you have proof of third party involvement as well.

Link to post
Share on other sites

It might help, but I don't think it resolves the main issue, which is that while there, the vehicle was not being loaded. The council have drawn attention to this by pointing out that loading should be "relatively continuous" and that the CEO didn't see any take place. I'm doubtful this can be won with proof that goods were being delivered.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...