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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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    • 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.

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      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.

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      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 paid a fine after the first steps notice as I was only back in work then (March). I had received a bailiff letter saying in February saying if the fine wasn't paid in 7 days they would pay me a visit and charge more fees, when I paid the fine they still hadn't attended. The bailiff finally arrived on my doorstep 6 weeks later claiming I hadn't paid the fine but since I had proof he then changed this to his fees claiming I owe £320, he then paid me a further visit last week leaving paperwork in my letterbox (I didn't take the paper from him) stating he would be back in 6 days to take the vehicle and sell it at auction. Is the warrant of execution valid since I paid the fine a couple of months ago, what are my rights?

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What bailiff company is this? It might be that you paid after the time stipulated on the Further Steps notice, or you paid by card and the payment was not clear by the due date. I would contact the court and ask them what is going on, say you paid after the FSN, but still you have a bailiff why?

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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It would seem that you had paid the debt AFTER the expiry of the time period outlined in the Further Steps Notice (10 days).

 

The regulations provide that if that time period expires and payment had not been made to the COURT then a Distress Warrant would be issued and passed to an enforcement company to enforce. Sadly, the administration fee of £85 (before 6th April) takes effect when the enforcement company receive instructions and NOT when the letter is actually sent or visit made).

 

By not paying the administration fee of £85 the enforcement company have now charged you an 'attendance visit' and the fee is indeed payable.

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It is of serious concern that two websites are continuing to mislead debtors into believing that the Taking Control of Goods Regulations 2013 do not provide for debtors to be charged a fee when enforcing an unpaid magistrate court fine. In other words...they wrongly consider that the government provide a free collection service to debtors with unpaid court fines !!!

 

The new regulations took effect on 6th April and it was with utter disbelief that on April Fool Day (just 6 days before the new regulations took effect) both websites finally advised viewers that the new regulations did after all include for enforcement of unpaid council tax and unpaid PCN's (a fact known since 2007 when the Tribunals Courts & Enforcement Act was enacted).

 

For the avoidance of doubt, the new regulations (and fees) apply to the enforcement of unpaid council tax, unpaid PCN's and of course......unpaid court fines).

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