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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Changed mind about product.


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Someone I know recently bought a microphone but later decided that she didn't want it. So she took it back to the shop (a local sole trader) and was told she can't have a refund. She's been offered an alternative, but the microphone she wants isn't available from this shop. So is she entitled to a refund even though she just changed her mind?

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If you change your mind you are not entitled to a refund. Some companys do offer a certain period to return products for no reason, (i.e argos' 16 day money back guarentee) however this is in addition to your rights and is not required by law.

 

Q9. Must I accept a credit note instead of a refund?

It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to your local Trading Standards Department.

http://www.dti.gov.uk/consumers/fact-sheets/page24700.html

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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No - she should have bought the correct product she wanted at the time. If the dealer is prepared to offera credit note for goods of sililar value, that's a good compromise. She might not get the mike, but there will be something else - a stand, windshield, XLR extension cable? That will save her losing out.

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  • 1 year later...

i am also in the same situvation and contacted the Trading Standards and they said the shop must refund after deducting the charge for the time i have spend on the shop floor. Then i was following there advice for last 4 months and in the end they said i dont have any rights for a refund at all-case still going on.........

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Sibijose, I am surprised TS would have advised you of such a thing if it was simply a case of having changed your mind, unless items were purchased from a company offering that kind of refund on top of your statutory rights (such as Argos), as the law is quite clear in the matter. Could you give more information? :-?

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i am also in the same situvation and contacted the Trading Standards and they said the shop must refund after deducting the charge for the time i have spend on the shop floor.

 

Sorry but this is utter nonsense and whoever said it (if it was actually said (maybe a possible miscommunication - I am not calling anyone a liar)) deserves to be sacked or at the least re-trained. But that statement has absolutely no basis in English law and I fail to see any logic or relevance as to time spent on the shop floor having a monetary value that should be deducted from a refund.

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Hey,

 

Nope, if your friend has simply decided she does not want the product but it is not faulty etc, then the shop does not have to give her a refund. In fact, they do not even have to offer a credit note so she can exchange for something else, so she should consider herself lucky they are even doing that.

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However, if the shop offers additional rights, such as the option to refund/exchange, as a contractual term (and it is properly incorporated before the sale) then this would be enforceable.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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