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    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
    • FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc.    At least now we can move on.   To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.
    • Hi Dave, Hope you enjoyed the football and thanks for looking over the WS.   I have two questions:   1) Strategy - for my mum's car, considering 3 of us were insured on it before it was sold (me, mum, dad) do you think it's worth just playing the 'sue the driver not me' and evade whether she was there or not? And then say POFA wasn't fulfilled so can't be held liable at keeper. I wanted to point out in the WS they should be able to identify the driver considering they had a patrol officer and their privacy notice on their sign says:    'These images will include the recording of the vehicle number plate and may also include images of any person(s) associated with the vehicle. Images are collected for the purpose of identifying the driver or keeper responsible for any charge arising from failure to follow the contractual terms and conditions of the site.’   Obviously in practice they won't have taken images cos that would be a GDPR/privacy nightmare to store. But its their threat, so why not ask them to produce it?   Or should you think its best to to make the statement as you suggested and say they were there and keep it vague about who was driving, like the wording you used suggests?   2) Planning permission: I can't find anything in the portal, I emailed the council and they sent me a booklet about advertising and signs and asked which ones I meant. So I'll reply with pictures. But aside from hopefully the council replying saying they don't have permission - I don't know how else to prove that they didn't have planning permission.    Sorry I have so many questions - writing two WS's (even if they overlap) is a bit of an undertaking!          
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Getting rid of a car which has a potential fault


Rook
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Hi,

 

 

I've been having issues with my car for a while now and it's newest fault is the filter - £1700 to replace!

 

 

The garage has cleaned it, but there is no guarantee it will last. I therefore want to get rid of the car asap.

 

 

If I sell it or part exchange it with a dealer, can they come back to me weeks later when they spot the problem and demand I fix or pay for it? The filter may be fixed there is no guarantee . .

 

 

Another option I have is to voluntarily cancel the contract with the car finance people. I have to wait 5 more months to do this. Can they charge me for returning a 'broken' car? The filter issue is wear and tear as far as I am concerned but I'm not 100% sure they will see it this way . .

 

 

Any advice you can give would be great

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no, there is no comeback if you trade it in.

 

 

Another option would be webuyanycar.com although I believe they can be disappointing...

 

 

 

Failing that, sell it at British Car auctions 'as seen'.

Edited by Conniff
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Hi Rook. Have you taken the car for a motorway speeds drive, this can regenerate the filter.

 

 

 

I've heard that. The problem has only started since we moved and changed our driving habits - less motorway driving now.

 

 

no, there is no comeback if you trade it in.

 

Another option would be webuyanycar.com although I believe they can be difficult...

 

Failing that, sell it at British Car auctions 'as seen'.

 

 

 

I am surprised there is no comeback for dealers. I was thinking about webuyanycar . .

Edited by Conniff
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  • 2 weeks later...

Get the filter removed and the DPF software turned off in the ECU search google there are loads of places to get it done £300 ish. If thats all thats wrong with the car and your otherwise happy with it, its just a one off fee.

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Laws which say things like goods must be 'satisfactory quality' only apply when the seller is a business. The dealer would only have a legal comeback if you made what is called a misrepresentation - for example, if you told the dealer you don't know of any problems with the car knowing that there is a problem.

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Get the filter removed and the DPF software turned off in the ECU search google there are loads of places to get it done £300 ish. If thats all thats wrong with the car and your otherwise happy with it, its just a one off fee.

 

The law has been changed now, if your car should have a DPF and it has been removed, it will never pass an MOT again

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  • 2 weeks later...

If you trade it in dont worry there is no comeback, the dealer will buy as is, most bigger dealers will just auction it anyway, if its diesel you can try a cleaner called Forte, its trade stuff used to clean the entire fuel system, get it off eBay for about £11 its the best cleaner I've used.

 

Many garages use this to clear faults with the fuel system and then charge you a fortune.......

 

That is correct if the guts are pulled from the DPF it will past the MOT ok, they are nothing but a money spinner and a joke.

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  • 4 weeks later...
DPF's can block on even new vehicles. I've seen a new van with less than 100 miles in the clock with a blocked DPF. This is because it's used for maintenance in hospital grounds and never goes off site. Blocked DPF's are not covered under warranty.

 

 

They are and should be as the systems are designed to detect and self regenerate!!!

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