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    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.  I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f); (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)); (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, 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; (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available; (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made; (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you weresent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) " Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver. So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS]. They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
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Carpet Right have sold us a carpet that can't be fitted...


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Hi Guys,

 

Not sure if this is the correct forum but I’ve got a situation with Carpet Right.

 

Last June we purchased 3 off-cuts of carpet from Carpet Right – wouldn’t normally go to a shed but we were in there with someone else and this particular carpet took our eye.

 

It was £620 and £29 for delivery. Both my wife and I are Architects so naturally we took in accurate survey drawings of our house and asked if the end of rolls were suitable for he use we had in mind which was 2 bedrooms and the stairs, we also stressed that it was important for us that the carpet could run all the same direction in the house so no change of direction at the thresholds etc.

 

The salesman agreed that the product was suitable for what we needed and that there was more than enough to do the job, however they didn’t offer a fitting service for this particular carpet. He put the carpet on hold for us and we had a think about it – the next day we called in and paid for the carpet and arranged delivery.

 

A week later the carpet arrived, delivered by a freelance fitter – we asked him to quote for the fitting but he wasn’t interested, then over the course of the next six months we tried 4 or 5 companies out of the yellow pages and no one was interested. I placed an advert on trust a trader and my hammer and no one responded despite me suggesting money was no object [it is but I needed the carpet fitting!]

 

So fast forward to now, 11 months later – we’ve completely finished our full house re-furb and still have 3 rolls of carpet taking up our whole living room – we called Carpet Right and said look we can’t get anyone to fit this it’s ridiculous.

 

The lady on the phone said that they would fit any carpet that they sold and based on the sizes we gave her and the fact some was for the stair it would be around £180ish but that she could recommend some guys who used to be their top fitters who had recently left the company to set up on their own and that they would possibly be cheaper.

 

So we called the recommended fitters who came over and said they could do the job for a snip at £600ish inc the underlay – we agreed to this as it included things like seam-welded thresholds and whipped edges to the stairs. A date was agreed and 3 fitters turned up to template the room. After a couple of hours and the carpet all rolled out in the garden the guys came back to say the couldn’t fit it as the carpet is directional and therefore could only be laid down the stair one way. The problem being the only piece we had large enough in that direction to do the stairs was the biggest piece of carpet, which would have been needed for the bedroom. So we could either do the stairs and one bedroom or we could do both bedrooms and not the stairs.

 

So the fitter called the manager of Carpet Right and explained the situation and they said here wasn’t anything they could do. I then went to the store and spoke with the assistant manger who said he couldn’t do anything and he’d speak with the manager who would be in the next day. Meantime the salesman who sold it to me came over and said he’d definitely offered me the measuring service which would have determine if it fitted or not and that they had offered us fitting and we’d refused – this simply isn’t true. The assistant manager promised that someone would call me back the next day…that was 2 weeks ago.

 

Since that 2 weeks passed the carpet fitter won’t take our calls or messages [we were calling to see if he could turn the carpet into rugs so we could salvage the situation]. As the manager hasn’t returned my calls my wife just called the store.

 

She was firstly told that it was our fault and that there was no proof that we’d shown them a measured survey drawing. The also said they don’t offer fitting on that carpet and said that when we recently called they wouldn’t have suggested they do. They also said the carpet fitter that we were recommended still worked for them and A) shouldn’t have been moonlighting and B) wouldn’t have been recommended by them.

 

He told us to call some fitter’s form the yellow pages, as they wouldn’t be willing to do anything. Nothing ruffles my wife’s feathers but to say she’s upset with the abrupt manner he spoke to her even though she wasn’t phoning to compelling just for some advice on how we can fit it is an understatement.

 

So I’m not sure if we can do anything – any suggestions? I either what the carpet fitting in some form or another or a refund as we very clearly showed a drawing of what we needed and were very clearly told that it would be suitable!

People who haven't made mistakes, haven't made anything!

 

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Hi Guys,

 

Not sure if this is the correct forum but I’ve got a situation with Carpet Right.

 

Last June we purchased 3 off-cuts of carpet from Carpet Right – wouldn’t normally go to a shed but we were in there with someone else and this particular carpet took our eye.

 

It was £620 and £29 for delivery. Both my wife and I are Architects so naturally we took in accurate survey drawings of our house and asked if the end of rolls were suitable for he use we had in mind which was 2 bedrooms and the stairs, we also stressed that it was important for us that the carpet could run all the same direction in the house so no change of direction at the thresholds etc.

 

The salesman agreed that the product was suitable for what we needed and that there was more than enough to do the job, however they didn’t offer a fitting service for this particular carpet. He put the carpet on hold for us and we had a think about it – the next day we called in and paid for the carpet and arranged delivery.

 

A week later the carpet arrived, delivered by a freelance fitter – we asked him to quote for the fitting but he wasn’t interested, then over the course of the next six months we tried 4 or 5 companies out of the yellow pages and no one was interested. I placed an advert on trust a trader and my hammer and no one responded despite me suggesting money was no object [it is but I needed the carpet fitting!]

 

So fast forward to now, 11 months later – we’ve completely finished our full house re-furb and still have 3 rolls of carpet taking up our whole living room – we called Carpet Right and said look we can’t get anyone to fit this it’s ridiculous.

 

The lady on the phone said that they would fit any carpet that they sold and based on the sizes we gave her and the fact some was for the stair it would be around £180ish but that she could recommend some guys who used to be their top fitters who had recently left the company to set up on their own and that they would possibly be cheaper.

 

So we called the recommended fitters who came over and said they could do the job for a snip at £600ish inc the underlay – we agreed to this as it included things like seam-welded thresholds and whipped edges to the stairs. A date was agreed and 3 fitters turned up to template the room. After a couple of hours and the carpet all rolled out in the garden the guys came back to say the couldn’t fit it as the carpet is directional and therefore could only be laid down the stair one way. The problem being the only piece we had large enough in that direction to do the stairs was the biggest piece of carpet, which would have been needed for the bedroom. So we could either do the stairs and one bedroom or we could do both bedrooms and not the stairs.

 

So the fitter called the manager of Carpet Right and explained the situation and they said here wasn’t anything they could do. I then went to the store and spoke with the assistant manger who said he couldn’t do anything and he’d speak with the manager who would be in the next day. Meantime the salesman who sold it to me came over and said he’d definitely offered me the measuring service which would have determine if it fitted or not and that they had offered us fitting and we’d refused – this simply isn’t true. The assistant manager promised that someone would call me back the next day…that was 2 weeks ago.

 

Since that 2 weeks passed the carpet fitter won’t take our calls or messages [we were calling to see if he could turn the carpet into rugs so we could salvage the situation]. As the manager hasn’t returned my calls my wife just called the store.

 

She was firstly told that it was our fault and that there was no proof that we’d shown them a measured survey drawing. The also said they don’t offer fitting on that carpet and said that when we recently called they wouldn’t have suggested they do. They also said the carpet fitter that we were recommended still worked for them and A) shouldn’t have been moonlighting and B) wouldn’t have been recommended by them.

 

He told us to call some fitter’s form the yellow pages, as they wouldn’t be willing to do anything. Nothing ruffles my wife’s feathers but to say she’s upset with the abrupt manner he spoke to her even though she wasn’t phoning to compelling just for some advice on how we can fit it is an understatement.

 

So I’m not sure if we can do anything – any suggestions? I either what the carpet fitting in some form or another or a refund as we very clearly showed a drawing of what we needed and were very clearly told that it would be suitable!

 

A bit of a long story !

 

If Carpet Right promised something they have not been able to do, then they have broken sale of goods act, so you have a right of redress Ii.e you could take them to court.

 

Suggest that you contact Carpet Right head office to make a complaint saying that if they cannot resolve you may have to issue a claim through the small claims court.

We could do with some help from you.

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