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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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      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.

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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.

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      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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02 Contract


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You will have to look into your contract details and find out how long your contract lasts. Some are 12 or 18 months, most (like mine) are 24 months.

 

I got an Iphone 5 on a 24 month contract that was taken out around the same time as yours, saying that mine only went up 99p...

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  • 3 weeks later...

I believe O2's price increase is a direct breach of the following:

 

General Condition 9.6:

 

9.6 The Communications Provider shall:

(a) give its Subscribers adequate notice not shorter than one month of any modifications likely to be of material detriment to that Subscriber

(b) allow its Subscribers to withdraw from their contract without penalty upon such notice

© at the same time as giving the notice in condition 9.6 (a) above, shall inform the Subscriber of its ability to terminate the contract without penalty if the proposed modification is not acceptable to the Subscriber.

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  • 2 weeks later...

Well I will be taking this to small claims as the ombudsmen are about as helpful as a catflap in an elephant house.

 

As O2's head office is based in Slough (they also have an office/contact centre in Glasgow) Can I use MCOL to make a claim against them or does it have to be through the sheriff court in Glasgow.

 

Thanks

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  • 2 weeks later...

Well, I've filed a claim against them using MCOL.

 

I take it, if the need arises in the future that I can add more information to the claim? When submitting my claim I was limited as to what to put for the reason for my claim.

 

My main reasons for the claim are as follows:

 

  • the unfair terms under the Unfair Terms in Consumer Contracts Regulations 1999 - according to your T's&C's O2 are free to raise prices but the customer cannot leave without paying a early termination penalty/higher bills, so technically I'm trapped into paying the higher price = unfair contract term.
     
     
  • Ofcom - at time of sale the O2 salesperson or mobiles.co.uk did not make it clear that a price rise would or could occur during the contract (this applies to all pre-23/01/14 contracts).
     
     
  • EU regs - Directive 2002/22/EC Of the European Parliament and of the Council, Chapter IV – End User Agreements, Article 20 – Contracts (4. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of proposed modifications in the contractual conditions).

 

I also wish to cancel under OFCOM's General COndition 9.6. The cost of certain out-of-bundle texts and calls, as well as international call costs are of material detriment to me. The price increase is over CPI and I believe this triggers my cancellation right under GC 9.6, REGARDLESS of what my contract says.

 

Not only that, but the Ombudsmen have not been impartial. They have dealt with some of my friends complaints, yet they have refused to deal with me, even though the complaint has been for exactly the same reason as theirs.

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  • 7 months later...

Hi

Thank you in advance for any help that you can provide.

Im not sure what can be done here but here goes;

 

3 weeks ago my husband was offered an upgrade with 02. He looked through the list of phone'savailable and made a choice. He chose a iphone 5c 16GB.

 

He rang them back to arrnage this and was told that they could no longer get these as they were no longer made because of iphone 6 due to release.

 

So he got stuck with a iphone 5c 8Gb.

 

 

He was browsing the internet and stumbled upon 02's website and to our shock the 5c 16gb he wanted was on there at his current tarriff.

 

 

We can only assume he was misled or misold the 8gb phone.

 

We would like to know if there is anyway we can get them to switch the phone they gave him for the actual phone he wanted to start with. We feel 02 have lied to us as they have the phone clearly on there website on offer and the rep on the phone told him that he could not have it.

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi wiseajak

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened (wanted to upgrade to 'iphone 5c 16GB'), how they have let you down (stuck with iphone 5c 8Gb, according to website 'iphone 5c 16GB' was available, misled by O2 Customer Sevices) and what you want them to do (upgrade you to 'iphone 5c 16GB').

 

Send it to:-

 

Mr Ronan Dunne

Chief Executive

O2

[email protected]

 

Let us know how you get on.

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Hello and thank u rebell i have composed an email and send it to the above address. (Hope that was correct)

 

We expressed our dissapointment what we wanted done and everything thats happened. Will oost again wen i find the outcome :)

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  • 2 weeks later...

Well they are prepared to offer him the 16gb phone but at a cost of an extra £5 a month on top of his bill.

 

What i cant work out is that it was there blunder, yet they are expecting £120 to cover it.

 

What should we reply.? Should we push further or except the offer?! They have claimed that he should of got one within the 14day cooling off period but 02 told him that they were no longer made. They are saying pretty much that its his fault and they dont want to accept any resposibliity. Yet this offer is suposed to be a "good will" gesture.

 

Any help?

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Told you Capita wouldnt help! ...

 

Anyway. Stick to your guns on this one. You shouldnt have to fork out any more for it when it is their issue.

I would push further... I wouldnt be happy if I was in your situation.

 

On a good side, at least they do still have them.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi wiseajak

 

You should be able to track down the date and time of call, they always point out that 'all calls being recorded for training purposes', point out that if they care to listen to the call, then it will show that you were misled. Tell them if you were given the correct information at the time by their sales professional, then you could have made an informed decision at the time. Tell them if they don't resolve the matter to your statisfaction, then you will require a 'transcript of the sales conversation', you will pursue the matter through other avenues.

 

 

Well they are prepared to offer him the 16gb phone but at a cost of an extra £5 a month on top of his bill.

 

What i cant work out is that it was there blunder, yet they are expecting £120 to cover it.

 

What should we reply.? Should we push further or except the offer?! They have claimed that he should of got one within the 14day cooling off period but 02 told him that they were no longer made. They are saying pretty much that its his fault and they dont want to accept any resposibliity. Yet this offer is suposed to be a "good will" gesture.

 

Any help?

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I agree (O2 Executive Relations), they kept on promising 'Fiberoptics' never delivered, normally you have to fight tooth and nail to get a MAC code, they couldn't wait to give it to me. They aren't too big to fail. Their employees make mistakes their Executive Office covers up, a 'sham' of an organisation.

 

This was the words from the executive relations office sharon kelly.

 

Shes very ignorant and doesnt seem to care.

 

I dont know what more we can do to convince her.

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They also screwed me over because wen i took out my contract in 2013 june, i was told that i could downgrade after 12 months, to my dismay when i asked for this i was told , this cannot be done. Safe to say i was fuming!

 

My hubby has unlimited calls and texts and 2GB data for £28, and i pay £37.99 a month for unlimited calls and texts and 1GB!!!! I called and kicked up and was given an additional 1BG data with no extra cost so i now have 2GB but i pay almost £10 extra!!

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Ok now we are even more angry, yestersay he was tpld he could pay an extra £5 on his contract per month, now dearest sharon has said o no u have to pay this £120 upfront or 2 installments of £60, all these reps and her keep tellingb him differnet information and now we are very annoyed and what to pursue this in which ever wat we can. Its a joke. What would u recommened rebell

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Have you got a Twitter Account?

 

Ok now we are even more angry, yestersay he was tpld he could pay an extra £5 on his contract per month, now dearest sharon has said o no u have to pay this £120 upfront or 2 installments of £60, all these reps and her keep tellingb him differnet information and now we are very annoyed and what to pursue this in which ever wat we can. Its a joke. What would u recommened rebell
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The thing is the Executive Team intercept all letters sent to the CEO, which is fine if they dealt with them if a fair and professional manner, in essence you'd be better off dealing with the cleaner, 'they would make more sense and get the

issue raised, resolved to your satisfaction'.

 

Tweet the issue to the CEO's Twitter account. Explain what's happened. E.G.

 

02 sales misled me, iphone 5c 16GB no longer available.

 

Mr. Dunne can you please listen to the sales conversation.

 

After a complaint to your Executive Team the iphone 5c 16GB was made available.

 

Your Executive Team said we would have to pay £5 extra each month,

that wasn't the deal at the time of the sales conversation.

 

Your Executive Team are now stating that I have to pay £120 upfront or 2 installments of £60.

 

This is very poor Customer Service O2. I look forward to hearing from you.

 

https://twitter.com/ronandunneo2

 

Yes i do indeed rebell. What are u thinking?
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