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    • Your puppy is certainly subject to the consumer rights act because it is classed as "goods". You don't say when you bought it – you simply say "recently". I'm not too certain what the law is relating to commercial breeders. You say that this person is a home breeder. Is there any distinction? Should they have had a licence? There are two issues here. First of all – and probably most important – you are talking about the health of the puppy. You may not have the resources but it seems to me that it's important to get this addressed as quickly as possible – both for the sake the puppy and also for your own sake because if you end up having to pay out of your own pocket, according to you is going to get a lot more expensive. If the tooth is causing the puppy any pain or discomfort or any difficulties then it seems to me that you have a clear duty to get it sorted out as quickly as possible. You made the decision to purchase a puppy rather than go to a rescue home – where these kinds of things would have been sorted out – and you obviously made your own decision to go to a breeder who you knew was unlicensed – and am afraid that all of the baggage your filing now probably comes with those decisions. On the consumer rights issue, it seems to me that you have a clear case – regardless of the consumer rights act – because whether the breeder was a home breeder or not, licensed or not, it is clear that the money they were charging – it was done as a matter of trade. You say that this person is a home breeder – and I understand that the rules are that if you read a certain number of letters per year and sell a number of pups then you do need a licence. I suppose you will have to make your own discreet enquiries to discover whether in fact this person is actually operating as a commercial unlicensed breeder. It's not terribly relevant to your case – but on the other hand it would add leverage to your position. I think the way forward for you is to get to independent quotations for the veterinary work which needs doing and then write to the breeder giving them both independent quotations and telling them that because you have the interests of the puppy in mind you are going directly to have the work done for the cheapest quote. Because of the breeder's attitude so far I would include this in a letter of claim. I don't think that there is any room for mucking around with the welfare of animals – especially when they are being used to make profits. That means that you would send the breeder the two quotes, tell them the date on which the work is going to be done, point out to them that has so far they have been completely uncooperative and refused to get involved that you are now sending them a letter of claim and that you will issue a claim within 14 days unless they pay in full for all the treatment and any ancillary treatment. In other words you make it clear to them that the sum you are claiming for the media work may not be the end of the matter and that you hold them responsible as a dog breeder – commercial or not, licensed or not, for the welfare in good health of their animals. Frankly I think you should tell them that you are going to report the matter to the RSPCA – and if you care about your animals – and the others that are being produced by this breeder – then I think that this is exactly what you should do. I think you should also ask the breeder if you can have any tax receipts for the £1200 which you paid. It wouldn't at all surprised me if this breeder has received the money – effectively cash in hand. You should ask them for a VAT invoice or else an undertaking that they are exempt. We will help you all the way here – but I'm going to say once again, that I think your first priority is to get the work done. I'm sorry that you decided to buy a puppy – when there are so many in rescue centres – although maybe not as pretty looking is the one that you have. I'm afraid that this is the kind of thing which encourages "home breeders" and breeders generally – and particularly with unlicensed breeders – it means that they more likely to be sloppy and uncaring about the welfare of the animals they produce. I think you should tell us more about "Vets4Pets".  It seems to me that they haven't done a very good job either – and I would be writing to them and asking them how come they have managed to carry out this assessment of your animal and yet they have missed this important defect. I think it's important that pressure is put on them as well to smarten up their act. Please will you tell us the name of the home breeder.   I hope this advice has been helpful to you. I'm sure that some of my comments and made uncomfortable reading – but as I say, we will help you all the way and I think you should start acting straightaway in the interests of your puppy – which doesn't deserve any of this  
    • 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.
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lizzerty

Athena Parking Charge Final Demand

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On 23/0/15 I made a £16 purchase at Lidl.

 

I wasn't able to buy all items at Lidl, so ventured to Iceland to buy what I could't get at Lidl. (I have proof that I used Lidl).

 

I evidently had overstayed at the car park by 10 minutes.

My husband (Registered Keeper), has since received 3 red-topped letters from Athena ANPR Ltd;

Overdue Reminder £45, Civil parking chargeicon Notice £90 and Final Demand £90.

No communication or acknowledgement has been forthcoming from myself or my husband.

 

The Final Demand is stating amongst other things that failure to pay

could result in a county court judgement to recover monies, bailiffs, attachment of earnings warrant etc.

 

It is now quite concerning and I don't know which way to proceed as initially had understood

that ignoring these notices was the best way to deal with them as they are simply invoices, and unenforceable.

 

It's approximately a day away from 14 day limit of the last letter.

 

Would really appreciate some good advice.

 

Apologies if posting in wrong forum. I'm new to this and trying to navigate in haste!

Edited by lizzerty

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no you are in the correct place

 

what date did you park there please?

I suspect this was an anpr capture?

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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parked as stated on 23/10/15 . yep, ANPR

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Read the paragraph in the green box on parking at Lidl ;

 

 

http://www.lidl.co.uk/en/customer-service.htm

 

 

 

 

Contact Lidl directly customer.services@lidl.co.uk and complain that Lidls agents are harassing a genuine customer. Include a copy of your receipt and Lidl will cancel the charge. Do not identify the driver.

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Had a quick look at related posts, and see one from ericsbrother, that mentions a 15 minute code of practice overstay by the BPA (?) and that they obtained the Keeper's details illegally etc, etc. I cannot see on here any clear cut procedure and don't fancy acknowledging Athena as it puts us in the frame and seems like an admission of sorts. We thought that to ignore these 'invoices' is best way forward and Athena will likely as not, fade away and leave us alone. Will it end up a court case - this is causing anxiety now? :-(((

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Hi and welcome to CAG

 

More dates needed please

 

We know now that the car was parked on 23/10/15

What date is the first notice you husband received.

 

Now, ANPR are members of the flawed IPC and as such they don't follow the Protection of Freedoms Act and because of that they are unlikely to take court action (but you can never tell)

 

I assume you never appealed or went to the IAS. If so you might as well continue ignoring.


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By all means ignore them,

 

Read post#4 and follow the advice there,


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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error


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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In reply to Armadillo's advice, I did go to the Lidl store and spoke to the manager following rec of 2nd invoice (Dec 2015 approx) and enquire if he could assist/intervene and he said he couldn't but I could send my credit card statement & even try to find previous Lidl receipts & credit card statement proofs (didn't keep store receipt) to Athena explaining I was a regular customer. I chose not to at the time, and 'ignore'. He gave his name and I prob said I was driver in my explanation of events. So can I safely pursue this route now? Or would emailing Lidl in general be effective? Thank you

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Reply to Silverfox: First letter received: 'Parking Charge Issue Date': 28/10/2015 (I assume husband received letter a couple of days after, allowing for 2nd class post). Thank you, the Protection of Freedoms Act is a new one to me, and brings hope, but 'You never know' is concerning. The 'ignore' route is fraught with danger now :-(

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In reply to Armadillo's advice, I did go to the Lidl store and spoke to the manager following rec of 2nd invoice (Dec 2015 approx) and enquire if he could assist/intervene and he said he couldn't but I could send my credit card statement & even try to find previous Lidl receipts & credit card statement proofs (didn't keep store receipt) to Athena explaining I was a regular customer. I chose not to at the time, and 'ignore'. He gave his name and I prob said I was driver in my explanation of events. So can I safely pursue this route now? Or would emailing Lidl in general be effective? Thank you

 

 

 

Well he could have, but you don't ' enquire if he could assist/intervene ', you demand! And cause a scene.

 

 

But do as post #4, sending a redacted cc statement ( don't give any sensitive info to them. ), from the day in question.

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To all : No, no appeals made. What is IAS? Does anyone have any experience or know of persons who have been further contacted by Athena, following no response/payment from the Final Demand letter please?

Thanks

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note the letter says "could" and not will regarding civil claim. They are unlikely to do so

The BPA code of practice is not the law but a parking operator will have to show that the system they use is better than the CoP and why. They wont be able to so that very much limits the action they can and will take.

Hiowever, whilst you are tearing Lidl off a strip you could send a letter to Athena asking them about the BPA CoP and why they arent using it. Dont say anything about who was driving so hubby should sign off and start "the keeper of the vehicle xx00xxx, having received a notice from you ref:xxxxxxx demands to know whether you use the BPA CoP's or can refer me to one that is better than theirs and as widely circulated with particular reference to grace periods as it is averred that the overstay alleged is de minimis and covered by said CoP".

That creates a paper trail even if they reply with a load of waffle or ignore the point altogether. Not being in the BPA wont help them, in their claim a s they will have to show a better system as said.

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Posts #4 and #11.

 

 

The principle will cancel the charge with proof of being a genuine customer....

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Thank you for the advice. I'm going to urge my husband to use the above wording. Sorry, not too familiar with the anacronyms; BPA, guessing British Parking Association? CoP: Contract of Parking? ...no idea.

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Yes, have noted they state 'could' result in court proceedings etc. Ah, I see now what CoP means, sorry.

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Thank you to all who have given valued advice so far. I will get back on here with updates, if I may.

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Last try.

 

The only way to get this charge cancelled is via Lidl themselves.

 

Act on post #14.

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Thank you for the advice. I'm going to urge my husband to use the above wording. Sorry, not too familiar with the anacronyms; BPA, guessing British Parking Association? CoP: Contract of Parking? ...no idea.

 

Hello there. If you look at the signature at the bottom of Armadillo's posts, it has a link to parking forum abbreviations. :)

 

HB


Illegitimi non carborundum

 

 

 

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We are in the same boat as the OP. I foolishly read posts about ignoring the notices from several years ago and followed suit. Just received the 3rd and final letter from Athena. Oh dear.

 

There's no way of proving we were shopping at Lidl that day (usually pay with cash). Tempted to pay the £90 fine to make it go away.

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We are in the same boat as the OP. I foolishly read posts about ignoring the notices from several years ago and followed suit. Just received the 3rd and final letter from Athena. Oh dear.

 

There's no way of proving we were shopping at Lidl that day (usually pay with cash). Tempted to pay the £90 fine to make it go away.

 

Well if you pay them then all you are doing is awarding them and allowing them to continue to con and fleece other motorists.

 

Start your own post, all is not lost, why throw £90 in the gutter?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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its NOT A FINE!!


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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third and final letter?

what will they do then, if they arent going to write to you again.

 

 

Athena have a habit of getting everything wrong

 

 

so start a new post and tell us everything about it,

the date of the event,

what letters you received and when,

what you have had since etc.

 

 

We also ned to know where the store is so we can use streetview to look at the signage at the entrance. If it is near to you then decent pictures will help enormously

 

We are in the same boat as the OP. I foolishly read posts about ignoring the notices from several years ago and followed suit. Just received the 3rd and final letter from Athena. Oh dear.

 

There's no way of proving we were shopping at Lidl that day (usually pay with cash). Tempted to pay the £90 fine to make it go away.

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Hi. Sorry for delay in posting. To update: result! I'm thrilled & relieved that I heard no more from Athena after receiving 3 letters. I nervously decided to ignore them, subsequently was glad I did. I really hope that a year on,information is clearer & legislation is fairer. :-)

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