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    • That should nail the setaside, and see OBS off with other factors tha can be added if they try again.
    • Hi all, Unfortunately, I'm having a difficult time having recently bought a puppy with a pre-exisiting condition that I was unaware of. I found this forum after doing some research online and the feedback was really well-informed. I'd be really grateful for any advice from legal minds :)   My story (I've tried to keep it concise for clarity): I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business. Our puppy was sold as having passed a full health check from Vets4Pets. Our puppy was £1,200. Two weeks after picking him up, I took him to the vets for his second vaccinations and a health check. At that point the vet diagnosed him with a "lingually displaced canine." This means that one of his lower canines is displaced and pressing into the roof of his mouth. Our puppy would have had his full set of puppy teeth by 6 weeks,  and his first health check was at 8 weeks. Therefore, this condition was either missed from his first health check, or ignored by the breeder. Either way, the condition was certainly present before we took ownership. It's a hereditary condition. I've had three quotes from different vets for removing the tooth which range from £350 from Vets4Pets to £1000-£2000 for a dental vet specialist. The hope is that, if the puppy tooth is removed early, the adult tooth will grow in normally. If it doesn't, however, the costs could be around £2,000 for treatment on his adult canine. I've given the breeder the time he asked for to consider his options. His final offer was a full refund if we return our puppy. This isn't something we want to do as we are already so attached to him. Legally, it would also create us significant inconvenience, as a replacement isn't forthcoming - or even possible. He has refused to contribute to the cost of treatment, admit any kind of liability, or give us a partial refund and allow us to keep our puppy.   From what I've read, tier two of the Consumer Rights Act 2015 may apply - and we could argue that a the return and refund offered would cause us 'significant inconvenience' and that the puppy was misrepresnted as healthy, and therefore a partial refund is in order. Again, any advice on whether I may have a case, if I take it to the small claims court, would be really appreciated.   Thanks so much.  
    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
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Hi guys please can you help me with this charge for staying too long on a car park in Preston

 

The Notice is from Parking eye and it states

On 20 September 2015 vehicle ******* entered the Corporation street retail park at 11:21:43 and departed at 13:04:24 on 20 September 2015.

 

The signage, which is clearly displayed at the Entrance to and throughout the car park, states this is a private car park and is managed by Parkingeye Ltd, the maximum free stay authorized is 1 hour 20 minutes, along with other terms and conditions set out in the signage.....it goes on and on :(

 

How do I fight this charge please?

 

The car park serves 4 largish stores

Akaban...a craft store...I could spend a good hour there at times

Poundland

Poundstretcher and

Aldi

On that day I visited all 4 of the stores....the queue at the Aldi store was pretty busy as well! Plus I walk at a slow pace and use a walking stick but I dont have a blue badge

 

Have I got a chance of getting this parking charge cancelled for my daughter please?

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Hello there.

 

With the guys' help, you stand a good chance. They may want to ask for more detail so they can figure out a strategy. Don't worry. :)

 

HB


Illegitimi non carborundum

 

 

 

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Do you have your receipts for the day in question?

 

If so, then a simple appeal from the RK denying liability for the charge and enclosing copies of receipts.

 

The driver should not be identified.

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Do you have your receipts for the day in question?

 

If so, then a simple appeal from the RK denying liability for the charge and enclosing copies of receipts.

 

The driver should not be identified.

 

No sorry didnt keep the receipts :( Paid in cash as well :(

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bank statement showing cash withdrawl?

Check with council to see if there are planning restrictions/consents that express parking period as many developments say 2 or 3 hours customer parking as part of PP. In the mannwhile write to all of the stores where you bought stuff complaining about the problem asn ask them to nag the landlord to get the ticket cancelled. tell them that you would like copies of their correspondence as you feel it is vital for the shops to support their customers or they wont be customers for much longer if you can only make a flying visit. Leave them thinking that the matter is of interest to the local press so they respond/react

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Found the planning permission for the retail park, but I have no idea where or what to look for :(

 

http://publicaccess.preston.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=20085

 

I have written to Aldi supermarket as that is where we spend the most...usually £50-£60 a week!

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Use gpeol. There has been no loss. Infact, Aldi made a profit off you parking there as you shopped.


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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Use gpeol. There has been no loss. Infact, Aldi made a profit off you parking there as you shopped.

 

Explain please? Oh and I got some rather nice photos of the signs, one hidden behind a bush, another at least 8ft up a pole and one where the print is so small you need to go rigth up to it to read...I will post tomorrow, tonight I am exhausted :(

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Sparks, there is a parking forum stikky with all the abbreviations and explanations.

 

HB


Illegitimi non carborundum

 

 

 

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Sparks, there is a parking forum stikky with all the abbreviations and explanations.

 

HB

 

WQill read them in the morning :) I have a serious case of brain fog tonight :(

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Well you know the stikky's there. :)

 

HB


Illegitimi non carborundum

 

 

 

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Well, if the signage is as you state, then that's one appeal that will get this closed. Gpeol makes 2. Then planning permission/contracts can make 3, but parking eye can be crafty with those


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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Just had a letter from Parkingeye that states

The requirements of schedule 4 of the protection of Freedoms act required for the keeper liability have now been satisfied and as a result , we must inform you that in accordance with schedule 4 Parkingeye now has the right to recover any unpaid Parking charge from you, the registered keeper.

 

This is because either, not in receipt of the correct name and current postal address of the driverand/or no information has been provided or you have identified someone who has denied they were the driver at the time of the parking event or has not responded at the address given. In these instances, as outlined in schedule 4, the registered keeper becomes liable for the parking charge once 29 days pass from the date given(which is presumed to be the second working day after the Date Issued]

 

We have not had a letter asking for the driver at the time of the parking event! what do we do now please? We c an not risk getting a CCJ in my daughters name as she is applying for a mortgage :(

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The Beavis result from the Supreme Court will be known tomorrow morning so it's best to wait until then and the correct guidance can then be given.

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I'd call PE's bluff. How is it satisfied?


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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OK will wait a day or so, then write and say we have not had a NTK from them? so it can not be satisfied?

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