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    • @KingsParent thank you for sharing your experience.  I also tried contacting the CEO but didn’t get very far. Do you mind sharing his contact details?  kind regards   
    • Thank you Rocky for the clarifications though they did cause a problem at first since an original windsccreen ticket was  of a different breach some time before. The current windscreen ticket only states that you were parked there for 6 minutes which is just one minute over the minimum time allowed as the Consideration period. There is no further proof that you parked there for any longer than that is there? More photographs for example? Moving on to the Notice to Keeper-it does not comply with the Protection of Freedoms Act 2012 Schedule 4. First there is no parking period mentioned on it. there is the time 20.25 stated which coincides with the W/S ticket but a parking period must have a starting and finishing time-just one time is insufficient to qualify as a parking  period as required in Section 9 [2] [a] . Are there any different photos shown on the NTK comapared to the w/s PCN? Not that that would make a difference as far as PoFA goes since the times required by PoFA should be on the NTK but at the moment Met only appear to show that you stayed there for 6 minutes. Another failure to comply with PoFA is at S9([2][e] where their wording should be "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; ". You can see on your NTK that they misssed off the words in brackets. Met cannot therefore transfer the charge from the driver to the keeper. Only the driver is now liable. Then their is the discrepancy with the post code on the NTK  HA4 0EY which differs from the post code on the contract and the Post Office Postcode Finder which both list it as HA4 0FY. As you were not parked in HA4 0EY the breach did not occur. In the same way as if you were caught speeding in the Mall in London, yet you were charged with speeding in Pall mall London [a street nearby] you would be found not guilty since though you were speeding you were not speeding in Pall Mall. I bow to Eric's brother on his reasoning on post 12 re the electric bay abuse  That wording is not listed on their signs nor is there any mention on the contract of any electric charging points at all let alone who can park there or use them. He is quite right too that the entrance sign is merely an invitaion to treat it cannot form a contrct with motorists. Also the contract looks extremely  short no doubt there will be more when we see the full Witness statement. As it stands there is no confirmation from Standard Life [or Lift !] on the contract that Savills are able to act on their behalf. Also most contracts are signed at the end of the contract to prevent either side adding extra points. So their percentage  chance of winning their case would be somewhere between 0.01 and 0.02.    
    • @dx100uk no, haven’t received any correspondence as of yet. Still waiting on a court date but seems to be taking forever. Have noticed an increase in unhappy customers on here
    • They threatened to do this to me (as per the thread I made). Sent me some over-dramatic emails and texts counting down the days until someone would visit me (and advising I still I had a chance to "resolve it amicably" rather than deal with their agent). Not only did they never send anyone, but any underpaid monkey that did turn up would have only got a  two word response. Just a new scare tactic, even if they arrive. 
    • I'll have a good read through tomorrow evening. As dx says, anything in the public domain ... Two things.  No WS from CEL yet, right? By coincidence I had a quick look through your thread last night while half asleep.  I see there's nothing about Keeper Liability in the WS.  To avoid another half-asleep search ... did you out yourself as the driver when you appealed?
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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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Nokia and UPS

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Hi all, first off let me say I am not sure if this is the correct place to post this but hopefully will get to the correct place if the post/thread needs moving. Second apologies for the epic post...


Ok, so on the 3rd May 2014 I arranged a collection of one of my Lumia phones to be returned for repair under the limited warranty. The phone 21 months old so I contacted the manufacturer directly instead of Orange who supplied the phone.


After completing the online form, I was emailed by Nokia to inform me that the device would be collected on the 6th of May.


The 6th came and passed by with no collection. I called UPS who tried to tell me that Nokia had mis-informed me as the ticket had for the job had only been produced that day due to the bank holiday, this is despite the website package tracking saying otherwise.


So this was a day wasted waiting in for the collection agent. Now this fact is fairly pertinent because I work from home and part of what I do (Mobile PC Tech) requires I leave the house and visit my customers, so had called off a few visits to ensure I was available for the agent.


I didn't really believe UPS to be honest as I cannot believe that they have to wait for some bloke to come in after the weekend and press print to get the tickets for the jobs, but that is beside the point i suppose. Anyway she tells me that the first attempt to collect the package would be on the following day, the 7th of May. Ok.


So the 7th arrives, and passes by with no attempt to collect the device. I figure theres no point getting into a fury on the phone and decide to wait for the next day and figure they are bound to collect the device knowing Ive already sat in for 2 days waiting.


So the 8th arrives, and, no collection...so I call UPS again, who sound a little surprised that no attempt was made but give me some tosh about how they try for 3 days, and I point out, that may well be true, but UPS haven't actually tried yet have they. So she tells me shes going to call the local depot to find out what's going on. She comes back and says she cant talk to them but has left a message.


So half hour later I get a call from the local depot, it is one of the office girls, she was infact very nice and she was stunned that the collection had not taken place and actually told me she was surprised about the mention of the bank holiday thing because she could see it was added to the system on the 3rd, which is when the job was created...


Anyway I tell her I can wait in no longer as I have work that needs attending to, and that the best I can do is leave the device in the porch for collection. She says she will upgrade the collection to a pre midday collection. So as it turns out I was still here in the morning on the 9th working remotely, and the collection guy arrived at 12.10, was on the phone, grunted collection at me, took the package and stuffed a ticket in my hand and buggered off chatting on the phone again.


So, I thought to myself, I feel a little let down here, and decided to email Nokia through the complaints online web form, outlining pretty much what I've said here and telling them I expect them to cover any additional costs incurred by myself such as phone charges for calling premium numbers to contact UPS etc...and that I expect some form of apology from them and from UPS for letting me down and wasting my time and I would like some form of compensation/goodwill also for wasting my time and causing major disruption to my week due to their initial mis-information regarding the first pickup date (which I believe to be a misleading statement by UPS as im sure Nokia got this date from the UPS system).


So Nokia get back to me today and you can see the response below...


Thank you for contacting Nokia Careline.


We greatly appreciate your loyal support in Nokia. At the same time, we regret that you experienced dissatisfaction with the quality of our service. We sincerely apologize for any inconveniences caused.


Regarding your compensation request, we would like to let you know that Nokia as a company and as a manufacturer does not offer monetary refund, reimbursement or financial compensation. These transactions can only be made and processed through the authorised retailers of Nokia to where the handset was purchased from.


Nokia does not have direct control over the UPS and the delivery and collection management is under their responsibility. Although, Nokia has to assure of the proper UPS service for our valued customers, such as yourself, the process still depends on the UPS process. You may wish to bring this matter to the attention of UPS for further assistance.


The issue that you have experienced with our warranty UPS service has been positively noted. Your feedback will serve as an encouragement so that we may continue to develop and provide greater technology, products and services to our customers. As one of our valued customers, your satisfaction is one of our primary objectives, that is why we are constantly looking at ways and means to improve the level of service we accord to customers and your correspondence in highlighting this matter has been positively considered as an opportunity to improve the delivery of the desired service to our customers.


Moreover, upon checking on our system, your mobile device (*************) has just been dispatched from our repair centre and on its way back to the address you have registered.


We appreciate your patience, consideration, and understanding towards the matter. Rest assured that all comments you have made in regards our service will be raised to the proper department for consideration.


Should you need further assistance, please do not hesitate to contact us again.


So, I feel that Nokia are basically trying to completely disassociate themselves of any responsibility here, which I find a touch ****ty.


My point to them is that I have a contract with Nokia, not UPS, I should not have to contact UPS to resolve any issues regarding the way I have been overlooked, Nokia should be doing this on my behalf, as it is Nokia who contracted UPS as their agents to perform this task of collection on their behalf.


I see no reason why the retailer, Orange, have any responsibility or legal obligation here, the retailer has no input into this situation and had no legal obligation to do so.


I also cannot see how Nokia can make such a bold claim of not offering any compensation, are they saying they have no need because they never make a mistake, or are they saying even if they have they will make no effort to rectify the position they have put others in.


So finally, my question to CAG is do I have an argument here, I feel a little aggrieved not only at their blatant attitude to wasting/disrupting almost half of my week but seem not to actually care anyway and plan to do nothing about it. Yeah Im a little peeved...


And if I do have an argument what is it and how do I go about getting some action here.


Thanks in advance to all...



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Actually, the retailer had ALL of the responsibility here under the Sales of Goods Act. The manufacturer, Nokia, had zero legal obligation to you so you'll get nowhere chasing them for compensation.

Your only recourse would've been with Orange, but since you bypassed them entirely you can't claim any compensation from them either since you never gave them a chance.

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Hi MaxPower, thanks for the reply, very much appreciate the input...


Well I did actually call Orange first, told them the phone would not charge and wondered what could be done, the advisor never even mentioned the warranty, but they proposed I could upgrade the phone as I am only 10 weeks from the end of the current contract and that Orange would pay 50% of the 'cancellation' for ending the current contract early, alternatively I could get another phone and use the sim until I was 6 weeks from the end of my contract and UG for free...


Then i thought, maybe the phone is still in warranty, checked it on the Nokia web site and found it still had 10 weeks of warranty. So at this point I suppose I should have called Orange back and asked them to process the repair for me...but I just made the request on the Nokia website for a repair...


Never mind...


Thanks again...



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