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    • DQ done and will be sent today you guys always advise never to sign anything sent to the DCA as they can do all sorts with it but the DQ will have signature on it ??🙈
    • Have you had any confirmation in writing that they have given you the extra time. I've never heard of a telephone/verbal acknowledgement of service before. The County Courts can be very helpful – but they are also under resourced and very inefficient. I think I would only feel comfortable about this if you had something in writing but even if it was to some email it would still leave me uncertain. The last thing you want is to find that you been promised extra time on the telephone – but this doesn't make it through to the computer system and your client then applies for a judgement in default which you then have to try and set aside. In principle of course you could even apply for a strikeout on the basis that the protocol hadn't been followed but this will require an application notice – probably about 250 quid or maybe a bit more nowadays – and although technically speaking if the pre-action protocol hadn't been followed this should result in an immediate dismissal of the case, if it turned out that the client had sent something and it was lost in the post, for instance, or even if the client then came to have said something, this could cause uncertainty and difficulties. If you were to make that kind of application then frankly it would carry much more weight if it was accompanied by a draft defence and for that you would need to see the claim. Also, if you tried to ask for a dismissal on the basis that the protocol hadn't been followed, this would require a hearing and that could easily take several months to be heard so that you are up in the air. I think you should certainly put it in writing to the County Court that you have been unable to access the claim form. You should do this by email straightaway. I think the best thing to do is to make absolutely sure that the County Court has it in writing that you have received notification of the claim but you can't access the claim, that they have said to you that your verbal acknowledgement is sufficient to gain the extra 14 days – and then when you eventually get the claim form, we can consider the defence and also put in the dismissal/strikeout application at the same time which will cost you no money at all because it will be part of the defence and if you have a cogent basis for resisting the claim then the judge is likely to be supported. Also, just asking for a dismissal of the claim on the basis of no letter of claim leaves it wide open for your client to come back and try again in a more considered and structured and effective way. If a judge dismisses the claim on the basis that they find your defence more compelling, then that is the end of the story for the client. And that is what you really want.  
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    • Gareth Jenkins is giving evidence to the inquiry this week, four days starting from tomorrow. No one else has given evidence for this long. Gareth Jenkins: The Horizon architect under the spotlight WWW.BBC.COM Why the former Fujitsu engineer is such a key figure in the Post Office scandal.  
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  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Hi,

I am a blue badge holder and our car was parked in a private retail car park (free for all customers).

 

 

A PCN was posted on the windscreen as being parked in a disabled bay without displaying the badge.

 

AS this topic seems to be a bit of a minefield and having got no further in my decision of how to deal with this

despite reading up on the subject for days,

I was hoping that someone here would be able to help.

 

As I understand it

I need to wait for the NtK before proceeding

but also I have read that I should appeal within the first 14 days.

 

I do intend to appeal so would appreciate some confirmation of when and how to do that.

 

Thanks in advance

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yes bay marking are purely tarmac graffiti.

 

 

await the letter.

 

 

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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This is a clash between the provisions of facilities under the Equalities Act and undoubtedly requirements of the planning permission

and the contract you enter into by parking.

 

 

Fortunately the EA holds sway so there is no real prospect of a parking co ever winning a calim in court

but unfortunately yiou are stuck waititng for things to creak into action.

 

 

As it was a ticket on the screen the advice to wait for the NTK is the best thing

as they parking co may not bother and if it does send out that notice it will have cost the company money to do so

and started the next stage of the procedures to claim keeper liability.

 

 

The notice must contain certain information and often they parking cos get that wrong due to laziness or ignorance

(I prefer the former as undoubtedly many people pay up and they never admit they get it wrong when proven they are).

 

 

This must arrive between 29 and 56 days ater the date of the event

 

 

when you get it you appeal as the keeper as that is how you are addressed.

Tell us when you do get this and we will advise what to do and say next.

 

The advice about appealing within 14 days is well meant but flawed because ultimately you arent going to apy at the discounted rate

when you are not culpable and the IPC/IAS,

 

 

who seem to have a fixation about this dont have a better scheme than the law

so can only look silly when they try and invoke this as a reason for dismissing appeals.

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  • 1 month later...

Usual UKCPS behaviour, they often go quiet when challenged as it saves them money so they are probably saving money by not even bothering sending out a NTK.

However, they may well sell on your details to a DCA if they obtained them from the DVLA but often they rely on you just paying up rather than making a fuss.

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This means that the PPC is out of time under POFA to hold the registered keeper (RK) liable. When you do receive the notice to keeper (NTK) you need to respond and state that the NTK is out of time according to POFA and there is no RK liability. Keep it simple and don't elaborate, never reveal you know who the driver was.

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As EB says, if they try to employ a powerless DCA to send you nasty letters do not be concerned, the only response a DCA should ever receive is 'any alleged debt is denied, refer back to your client' Never speak to a DCA, everything in writing only. Once you have told them that, any effort to doorstep you or call you on the phone should be reported to the FOC

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