Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
      We had a 10yr  finance contract for a boiler fitted July 2015.
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
      You only have to look at TrustPilot to get an idea of what this company is like.
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

loading bay PCN, lost at tribunal - can you help?

Please note that this topic has not had any new posts for the last 2175 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I stopped in a loading bay at Hammersmith to load items in my car,



their traffic management Order states clearly that

"if you are disabled or are injured you can stop for as long as it takes to set down or pick up with your bags/luggage, no time limit.



The council lied at the tribunal and refused to give a copy of this traffic management Order.



The tribunal Judge referred the decision to the council who still wanted the money from me.



The tribunal is aware that they lied but will not do anything about it,



I tried judicial review but they said the tribunal had no case to answer so they did not deal with it.



I have contacted the ombudsman but they said to write to the council again and have this investigated first before they will deal with it,

but the council will not investigate because the tribunal has found in their favor so they still want this injustice to continue.



They have now applied for a recovery Order again and I need to apply for a TE7 extension of time in order to have this dealt with by the ombudsman.


Any one has any help and or advice? TNX

Edited by fynba
Link to post
Share on other sites

The TE7 process is not a route to the ombudsman. It will just make the whole thing go around again - you'll get another NTO.


In general, the adjudicator's decision is final, but in what way did the council lie?

Link to post
Share on other sites

the council withheld the information from the traffic management Order, this document would have shown that I had proper permission to stop in the bay for the time I did. They only sent me the document over a year of repeatedly asking them and nearly six months after the tribunals decision. They sent the document to me attached to the same email telling me that they were issuing a charge Order. Its like them forcing me to pay a fine for correctly parking in a disabled bay with a disabled badge.


I also feel that the tribunal judge did not have the knowledge to deal with it or deliberately sent it back to the council to make a decision which the tribunal should have made. I had a similar case where another council tried to do the same but the tribunal judge at that time, had the knowledge to deal with it correctly, and that is how I knew about the traffic management Order. I feel the tribunal is supporting the council because they feel ashamed of this but will not do the correct thing same as the council.


The tribunal is now aware that the council withheld this document and therefore amounts to lying but wont do anything about it.


nx for your reply

Link to post
Share on other sites

you could try applying to the ombudsman again based upon the council's refusal to reinvestigate. Make sure that they know that this is a formal matter and not just an enquiry. I suspect that the best that will happen is the council are told to reconsider not investigating so you may have to go around in circles for a bit longer. A SAR to the council regarding the documents sent to PATAS and copy of any other data they hold in this regard may help but I would add a FOI request about the papers sent to the tribunal as well to stop them saying that the TMO and its non-appearance isnt your personal data. Likewise a SAR to the tribunal to get a copy of the evidence submitted and compare the 2. Again, may not tell you what you want to know but at least it will be harder to hide the facts if they are as you say.

Link to post
Share on other sites

You can seek a review of the tribunal's decision if they made an error in law. I am not certain of the precise definition of 'error in law' but if you were legally entitled to park there, and the tribunal upheld the PCN, then that seems to me to be an error in law.


You'll need to tell us more. You said above, "I stopped in a loading bay at Hammersmith to load items in my car" - and "their traffic management Order states clearly that "if you are disabled or are injured you can stop for as long as it takes to set down or pick up with your bags/luggage, no time limit."


This provides unlimited time for you to stop and to pick up with luggage. It doesn't allow you any leeway for parking for any other reason (unless there is more you haven't quoted). So, were you away from the car for any time? How long? Were you sitting in the car not loading/unloading for any period? How long? Was there a vehicle type restriction on the bay (eg 'goods vehicles only')?


And can you clarify if you are disabled? You said you had a blue badge on display, but are you the blue badge holder (and is it valid and in date etc)?

Link to post
Share on other sites

The entire thread makes no sense, he is claiming that he got a PCN for being in a loading bay whilst loading?? He goes on to claim that an exemption exists to drop off or pick up a disabled passenger and the Council hid this fact from PATAS yet he claims he was loading and makes no mention of dropping off or picking up a disabled passenger? Surely if you are loading in a loading bay you are not contravening and that should have been the grounds for dismissal? The TMO must be supplied in the evidence pack given to both parties if not that should have been raised at PATAS.

Maybe if help is required some facts that make sense would be a good start, the PATAS case number would be a good starting point!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...