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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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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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I have been served with an S21(1)(b) that expires on the last day of my AST. However, I have read somewhere that when I renewed my tenancy last year, they should have provided me with the details of the deposit protection within 30 days.

 

There are some details of the deposit protection contained within the tenancy agreement and a section that reads: Details of the DPS to which the landlord subscribes are given in the documentation annexed to this agreement, receipt of which the tennant acknowledges. Please refer to annex 1 & 3 at the end of this agreement.

 

Annex one says :INFORMATION PRESCRIBED BY THE HOUSING ACT 2004 then goes on to show landlords name and address and mine and my partners names and email addresses.

 

Then annex 3 reads: AS A SEPERATE ATTACHMENT WHICH REFERS TO THE TERMS AND CONDITIONS OF THE DEPOSIT PROTECTION SERVICE.

 

However, I have NEVER received anything that refers to my deposit since moving in 3 years ago and certainly not when I have renewed each time.

 

Does this make the section 21 invalid?

 

If so, what should I do? Wait to receive a court notice? Are they legally then able to make any deductions from the deposit when i do move out?

 

Any help is appreciated.

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You should of got the PI info when you took your first AST, it will just rollover if you sign another one.

But agent or LL should confirm that.

Ask for details now and see what happens.

You are correct if not protected then S21 no valid.

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They should have given you all the information here:

 

http://www.legislation.gov.uk/uksi/2007/797/article/2/made

 

which includes a leaflet (2b) from the DPS that describes the DPS scheme.

 

My opinion is that they only have to have given it to you once - when your deposit was first paid to them - and not at each renewal.

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> Does this make the section 21 invalid?

 

Yes. As long as the judge is convinced...

 

> If so, what should I do?

 

What is their aim? Do they want you to leave, or is it being issued so that they can require you to sign a new contract.

 

If they want you to leave you could stay and ignore the notice. You could also negotiate your way out of the contract in a way that is satisfactory to you.

 

> Wait to receive a court notice?

 

That would be an option if you want to delay things as long as possible. If you tell them now, they can resolve the problem and re-issue a new Section 21.

 

> Are they legally then able to make any deductions from the deposit when i do move out?

 

They are legally liable to return the full deposit to you plus between 1 and 3 times the amount. But you would have to issue a court claim.

 

If you do not issue a court claim, then they may propose deductions and you may have access to the free resolution service provided by the deposit protection company.

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OK, thanks. They want us to leave at the end of the AST. We are currently looking for alternative accomodation, but it is difficult to find a suitable place that is not to far from the kids schools and is a suitable size etc, so utltimatley we would like to hang on here as long as possible.

 

If we were able to get the deposit back with the 1-3 x penalty before we moved out, that would help greatly as we are really struggling to raise a new deposit for another place.

 

Any advice on how to proceed. The AST doesnt run out until beginning of June.

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Not sure if judge will see the lack of PI as important as NON protection! and my IMHO would not award any compensation, but could return deposit; but it would be up to you to start a claim which could be very expensive up front and risky.

Also LL could make valid deductions from deposit, and it would be up to you to challenge that through the scheme or courts.

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So long as the S21 is invalid and buys us a bit of time, we would be happy. Return of deposit would be a bonus, but im not too worried about that.

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Actually, late provision of the prescribed information does not render a s21 notice invalid, if the deposit itself has been protected - and there's mitigation to any claim brought by a tenant if all that was not provided was the PI.

 

Don't rely on the s21 not being valid - doubtful any judge will see it as such, since whether the prescribed information was provided or not will come down to who the judge believes. There is good evidence to support the LL, in that the deposit was in fact protected in time and the tenancy agreement itself gives details of the scheme it is held in, and makes reference to the prescribed information.

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