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    • However, if it can be improved - why not? I see you've been looking at other WSs.  You need a little introduction at the start about being a Litigant-in-Person. In Insufficient Signage/Exhibit 1 is it necessary to show the close-up of their signs?  That's almost showing the signage as better than it is.  I would leave out your 2nd, 4th and 5th photos. In Penalty flesh it out a bit.  Add that the Claimant will witter on about the Beavis judgment but that your case is distinguished, Beavis dealt with a car park during opening hours when there was an interest in limiting the time cars could stay. Again in Prohibition flesh it out.  Add some persuasive cases.  There are loads in WSs. In Abuse of Process/Double Recovery para 14 they have inflated their claim from £100 to £170.  The other costs are allowed. The rest is superb - well done.
    • Please can anyone point to some good advice on what to do about the following call centre issue: a) You call X company about a problem b) You can't resolve it with the call agent (due to their fault/limitation/poor communication) c) So you ask to escalate to a manager d) They tell you there are none available right now, but they'll get one to call you back within X time (eg 24/48 hours) e) You wait the full time allotted, but no call comes f) You call again, and start at A, only to repeat the steps with no hope of escalation or resolution. I know that I can write to them, but is there a more immediate way to get the attention of a manager or member of senior staff when trying to resolve a non-straightforward issue, with more immediacy, as well as actually speaking to a genuine manager? I invite advice, links & discussion - I bet many of us have experienced this or similar, so a solution here could be helpful to many I'm sure! Thanks in advance to all who engage with this!
    • Thanks for all the replies - all very helpful. Sorry for the delay in responding - I forgot my password and managed to get myself locked out, which meant I could read but couldn't reply. Dx100uk  Thanks for that very clear (and patient) explanation - I completely get that now. Ok so I'll drop that unless we get to court. Lookinforinfo Good spot on Section 9 [2] [e] (i) - I think you're right they don't actually ask me to pay do they, they only say they have the right to recover the charge from me after 28 days. Your 2nd point might be less convincing, given the length of time the vehicle was there. Sadly I don't know how long parking is permitted for free. Perhaps someone on here can help with that. For context so you have the full picture, the driver entered M1 Tibshelf services not expecting to park at all (and therefore didn't bother to look for parking signs), they were feeling a little funny and thought a coffee might help. They drove into the petrol station area and pulled up in a parking bay at one side of the pumps and went in to get a take out coffee. On returning to the vehicle they were suddenly overcome with a violent attack of dizziness and nausea and couldn't stay upright. After lying flat and unable to move (and feeling extremely cold) for what was apparently some 4 hours they recovered enough to be able to drive on. The coffee was now stone cold of course which was a very annoying waste of 3.50! On recovering, the driver looked round without getting out of the van but couldn't see any signs at all near those few bays so mistakenly assumed the petrol station bays didn't have parking charges. One more question - on other threads people have suggested contacting the land owner to ask them to drop the charge. How would I find out who the landowner is, or perhaps should I write to the manager of the petrol station?
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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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    • 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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My daughter and myself went to a carpet shop on Sunday to buy some new carpet for the stairs, not a great lot needed.



Daughter gave the chap her stair measurements, and she chose her carpet that was on a large roll.



She paid for this along with fitting costs and arranged the date for it to be fitted which was the following Wednesday (tomorrow)



Today she received a call from the shop saying that they had run out of her chosen carpet ,

could she go down and pick another one ,

or wait ten days for some more to come in.




This carpet was bought and paid for on Sunday , there was a large roll of it .



Does she choose another, maybe a dearer one and ask to pay the same price ???

or have her money back and kick up a big fuss, ????

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She has lots of choices and so does the shop, she can ask for a more expensive carpet for the price she has already paid; and equally they can decline. and equally she can just ask for a refund


Perhaps just get your daughter to go to the shop and discuss it in a polite manner rather than "kicking up a big fuss" as she will proably get further quicker.

It is easier to enter a rich man than for a camel to pass a needle

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