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    • OK - thank you. I understand the concept of LIP, and the need to keep my claim as simple and straightforward as possible. The legal arguments presented in what I called my skeleton statement were already in the original template I downloaded from this site. In that document I opened with "I am not proposing to set out the sequence of events." Might it be worthwhile for me to include a very brief timeline at that point, which would perhaps then allow it to become my witness statement? Or do you consider two separate documents are required? 
    • BF do you know where the instruction for skeleton has come from? Its just WX + docs. Do you think a skeleton is needed if the only issue in dispute is the legality of the exclusion terms. it seems excessive as well as wx no?   ah yes good point with LIP wx format i didnt think about the LIP judge softhand 
    • And incidentally, the really important part of this is that when you go to court, you are totally thorough and fluent not only with the facts – but with the effect of the legal points you are arguing. The facts are broadly not in dispute but the legal effect for instance of either having insurance or not having insurance. Of requiring insurance – these are the things you need to understand fully. Preparing your court bundle and eventually refining it bit by bit is terrific revision for you and will put you in control but also understanding its content fully and being fluent with its pages in the position of every point you are making is also essential.
    • Skeleton argument/witness statement – it's just a matter of terminology and we don't need to make an issue of it. Actually the three-page document that you have posted first of all and which you have called skeleton argument – is a witness statement which would be attached to the bundle which would be part of your indexed court bundle. I haven't looked at it in detail get or how it supports your claim or how it addresses any of the points made in the defence. I'll have to do that in the next two or three days. But for the moment, it looks fine. You have posted a second document which you are describing as an anonymized witness statement and as far as I can see, I agree with Cagger @jk2054 that much of your circle witness statement is a bit of a waffle and contains irrelevant information that you haven't remedied it in your final version which you say is chopped up. Also, you have received a suggestion of a template from Cagger @jk2054 and although this is going to be confusing for you, I don't think you should bother to use it. It is far too formal. You are a litigant in person and you need the flexibility of fully informing but informal documents which is what we are providing you with. We are suggesting models which we have been using over many cases and they all succeed in some them have been, complemented by the judge for the effectiveness and their clarity. You are litigant in person and one of the things you need to do is you need to have the judge on your side and helping you if necessary and this means that you don't want to start acting or talking or writing as if you are some kind of lawyer – you aren't. Being a litigant personage a certain sort of leverage and you should exploit that. The templates that we are suggesting to you are still not the templates that a completely un-advised person would use but they are still thorough. Stick to them. I suggest that you follow the advice given by the site team here and avoid confusion by switching horses. So for the moment I would suggest that you stick to your original skeleton argument – which follows the format that we have been using on this forum. We do like to see the fully prepared bundle please. I think there should be a next step. Have you got hearing date? Have you got a date for filing your bundle? In fact I have just looked back and I see that your filing date is 8 July. That's fine
    • First of all – as has already been pointed out to you, this is not a defect in the usual way that we understand and so that means that you don't need to rely on your 30 day and six months rights to reject. You can get MOT test done and it turns out to be an MOT failure for any reason then you have the added weight that they have is sold you an unroadworthy vehicle. Who did the existing MOT? I have a sense that it was big motoring world themselves in which case this would give you even greater leverage that if you have an MOT fail and it seems fairly clear that the reason for the failure is something which existed for some time that that would also cast doubt over the MOT provided by big motoring world and this would be even more serious. In any event, the vehicle is not as described and I think that this is an immediate ground for cancelling the policy and even better than that I think it would be a good ground for resisting any deduction made for mileage used – although we will have to deal with as it comes. I have read on Facebook that big motoring world tend to insist on quite a big deduction per mile and I have a sense that they do this because they know they can get away with it because they know their customers are really just happy to get rid of the vehicle any cost. You have told us you've got to a position where they seem to have agreed that you have now drawn a blank and they are being obstructive. Maybe you can lay out a bullet point chronology of exactly what has happened so far – point by point. I don't think you've told us how much you pay for the vehicle and also we want to know a list of the other expenses to which you been put including insurance et cetera and if you cancel the insurance how much you are likely to lose. How long is it not been driven? Why is it not been driven by your son? Didn't you planned for the more expensive insurance premium before you bought it? I have a sneaking suspicion that maybe you bought it and then was surprised at how expensive it was and are now finding a reason to return it. Please be completely level with us and tell us if this forms part of your reason for wanting to return it. We need to know everything – straight dealing – so we can help you in the best way possible. Otherwise we will have surprises sprung on us and we will all be embarrassed and you may lose. In fact I see that we don't know anything about the current all – make, model, mileage, or price paid which have already asked you about. Any reason that we don't have these very basic and obvious details without having to ask for them? You refer to the two new runflat tyres – why? Are these new ones which came with the car or these new ones which you had to buy and if so why did you have to buy them and how much they cost. It will be nice not to have to cross-examine your every detail. It will save a lot of time. Please have a look at this post carefully, discern the questions and address each one please.
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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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      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
        • Like

parking eye scottish aldi car park


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My Wife got a letter of fine for parking in an Aldi car park in Ayrshire from Parking eye of £70.00,

with an offer of £40.00 if payed within 7 days,

 

 

she had been in Aldi for some of the time but did not keep the receipt.

 

 

we have ignored the letters as we consider it an unenforceable [problem],

 

 

the third letter mentions possible further action.

 

 

Is this action legal in Scotland ?.

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its not a fine

read the letter carefully.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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And they can't touch you if its in Scotland anyway as pofa doesn't apply there

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks DX100uk and renegadeimp Ericsbrother,

The letter says

Outstanding Parking Charge Amount Due.

 

We note from our records that the previous two parking Charge Notices we have sent you,

which refer to the Parking Charge issued in accordance with the terms and conditions for parking in the Aldi Car Park on 22/01/2015, Remain outstanding.

 

The amount now payable is £70.00 * This payment is required within 7 days or further action may be taken.

 

If this letter is ignored, further action may include instruction of solicitors to secure immediate payment or the issuing of court proceedings

which could incur further costs which may be added to the amount owed.

 

 

To avoid further unnecessary costs or action, please pay the outstanding parking charge amount as stated above

or make arrangements for the driver to pay, in accordance with the parking terms and conditions.

 

Yours faithfully

Legal Department

ParkingEye Ltd

 

 

My Wife parked there to go into Aldi and made purchases in the shop, then left the Car there to go and pick up our Daughter from the nearby Dentist,

A few days later she received a letter from ParkingEye with a picture of the Car and registration number, We have since ignored their demands.

 

 

Am I correct that in Scotland that only Police and Local authority notices are binding and that private companys have no Legal enforcement right to collect,

so rely on fear for collection ?.

Edited by blueda
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yep

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

In Scotland, contract law is the same but no PoFA so no keeper liability from breach of contract can ever be created.

 

It is for PE to prove who was driving at the time and thus who the contract was with.

 

No-one has to help them in this task

 

so if it was me I would write a letter as registered keeper of the vehicle saying that no liability is accepted

and that PE provide "strict proof" of any evidence of their contract being formed with the keeper of the vehicle as the PoFA does not apply in Scotland.

 

They will then have to either identify the driver at the time or give up.

 

They will be forced to do the latter for economic reasons if nothing else.

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Thanks ericsbrother,

 

I contacted Aldi customer services,

 

Aldi own the car park and hire ParkingEye to collect money from non customers who park there and go somewhere else

 

I was told that we should go into store with receipt,

which we don't have and try and trace sale so charge can be scrapped,

 

then the customer service rep asked my surname,

 

then the line went dead as soon as I answered.

Edited by blueda
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Thanks ericsbrother, I will write to them tomorrow. I went in to Aldi today and explained that a purchase was made that day, the Manager said that the time parked and with no receipt they could do nothing, and that I would need to take it up with ParkingEye.

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They cant do anything anyway. PE know this and they would be extremely stupid if they even considered court action.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for the Links determindator, very interesting, I am getting different advice on the matter, some advise to write to ParkingEye LTD and other advice to ignore them as they have no right of enforcement in Scotland and that a reply gives them ammo to harass further. The Town we stay has never had parking charges from the Council due to a local bye Law, so as the Council cannot apply parking charges, surely private Land owners also cannot.

Edited by blueda
typo
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Today I spoke to a Shop worker who works in a Shop at the same parking area covered by ParkingEye LTD, and he told me that we don't need to pay the charge and to ignore it. I am getting two sides of advice, which is send them a letter, or ignore them, and I have great respect for everyone who offers advice to us. Anyone got experience to post here of dealing with ParkingEye in Scotland ?.

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I personally think you should follow the advice you have been given on here, these people have gotten to know a lot about these kind of things and know what they are talking about, all its going to cost you is the price of a stamp and 2 mins of your time.

 

Do it :)

 

Elf.

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