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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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Hi,

 

I would love some advice.

I moved into a new shared ownership house a year ago.

The house is, somewhat ironically, called an ‘Eco-House’.

The water pump from the rain water harvesting system is defective. This faulty pump, which is meant to take the rainwater through a pipe system to the upstairs lavatory and washing machine, is permanently on 24/7; that is, constantly operating, whether there is a demand from these appliances or not. These pumps range in power from 800w to over 1000w.

Since I moved in and until this week (upon discovering the fault), my electric consumption has been around 20 kWh per day. This has now, since discovering the fault and, for safety reasons, having to switch the faulty pump unit off at the mains, dropped to approximately 8 kWh per day (roughly my consumption in my previous home).

Also, of course, before the discovery of the defective pump, it was operating 24/7 for a year, and has had, therefore, the equivalent usage of a pump of 25 years old or so.

Using an energy monitor I’m video recording how much this pump uses and I intend to use this as evidence if there is any dispute from the housing association or building contractor.

Any other tips/ideas would be greatly appreciated.

Thanks,

Ianbrodski

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You had 4 threads all with the same issue. I have merged them into one leaving just the one post.

 

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Hi ian

 

Welcome to CAG

 

So are you seeking compensation from housing association or building contractor to get the pump fixed?


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Hi, Was the pump incorrectly connected by the builders electrician, OR has the "Flow switch" failed?

Have you had it repaired ? If so; What was the conclusion of the engineer?

How old is the house?

 

F16

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If this is a new build any problems should be guaranteed by the builder. What does the HA say about it?


 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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Hi - thanks for your replies!

It's still early days - I'm still waiting for the HA to respond to my reporting the faulty pump on Friday. I've just completed video recording the energy consumption from the pump.

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