Jump to content


  • Tweets

  • Posts

    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself released a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can see the finance company. Somebody else on this forum in the past 23 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure judgement against them. Then if there is any difficulty enforcing the judgement, one can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
    • launch a section 75 claim to advantage ASAP IMHO cut out the garage.   as usual advantage are utterly useless .....just like moneybarn         
    • Hi Bank Fodder,   With regard to court etc, no that wont be a problem, at the moment they are borrowing another car to get to and from work.   JJ
    • Ok thanks for the heads up should I send  them as well as confirming my adress  the template letter explaining the debt is statu barred Or something else maybe not recognising there company as I have no contract with them ! They are a third party interloper etc ! Many thanks !!
    • I'm terribly sorry but you haven't addressed the question that I put to you in my earlier post. It really would be helpful if you could do this.
  • Our picks

Please note that this topic has not had any new posts for the last 1676 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I've been parking on a retail car park for months now to enable me to go to work,

but suddenly this week I've received to PCN's for 2 consecutive days on the 6/7th April

asking me to pay £100 for each.

 

Lots of people have said to ignore the charges and I've looked on different forums

who also say ignore it but reading on the CAG forums other people are saying to challenge it.

Not sure what to do.

 

 

Feeling very confused and stressed about the whole thing, as never had any parking charges before.

 

Have driven back to the car park to check for signs

and there is a small sign saying customer parking only on the way in

but no other signs near the parking bays.

 

 

As I’ve been using the parking for a few months now didn't realise that I would be hit with fines,

until these sudden PCN's came through the letter box.

 

 

When you drive out there’s a sign to say that if you over stay your 180minutes free parking that you will be fined £100,

but this is not made clear when entering the car park.

 

 

Tbh I've never taken any notice as the car park has always been for free...

.. as other colleagues have been using the car park as well.

 

Don't want to pay 2x £100 as i do not believe it was made clear that they had brought in parking charges.

.. and also believe that £100 is ridiculous.

 

Please can anyone offer me some advice to my best course of action?

 

Stressed driver!

Link to post
Share on other sites

ok firstly

please fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(2-Viewing)-nbsp

 

 

second

they are not 'fines'

they are speculative invoices

 

 

and I hope the signs dont use the word 'fine'

as you have indicated?

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... 

 

 

Link to post
Share on other sites

OK photograph the signs as they must say more than customer parking only.

 

 

If that is what the sign at the entrance says and other signs have the bit about 3 hrs parking etc then a piccy of those and an idea of where they are placed will be very useful.

 

What was the exact date you got the demand through the post

and does it include any photographic evidence or mention the keeper liability under the PoFA?

 

 

Post up the NTK if you can.

 

 

If not tell us exactly what they say, do not paraphrase or offer your interpretation as the wording is crucial

Link to post
Share on other sites

Here are the pictures of the car park and signs..

 

I received both letters through the post on the 18 April

and it has pictures of my car entering and leaving the car park and the amount of time I spent there.

 

The letter says word for word....

 

On 07 April 2016 you were the registered keeper of vehicle registration:

******** make: ********* colour: ****** which was parked on private property at:

century retail park, Hanley, Stoke-On-Trent, ST1 5QQ.

 

By entering and parking the vehicle on our client's private property the driver agreed,

with G24 Limited ('the creditor') to be bound by the terms and conditions of parking shown below.

 

 

The terms and conditions were clearly displayed at the entrance to, and in prominent places within, the car park.

 

 

In accordance with the agreement, by leaving your vehicle in the car park in breach of the terms and conditions of parking,

the driver is hereby required to pay a parking charge the sum of £100.00

within 28 days of the date of this contractual parking charge notice.

 

Term breached: Exceeding the maximum duration of stay permitted at century retail park, Hanley, Stoke-On-Trent, ST1 5QQ.

 

Term applicable: That a sum (''the parking charge'') of £100.00 is payable.

 

To date, the contractually agreed parking charge had not been paid in full

and we do not know both the name of the driver and a current address for service for the driver.

 

 

If the parking charge is paid within 14 days of the date of this contractual parking notice, it will be reduced to £60.00.

 

 

If no payment is recieved within 28 days G24 Ltd will forward the outstanding debt to a debt recovery agency,

and the driver may incur additional costs for late payment.

 

Your are not invited to

 

a) Pay the unpaid parking charge or;

 

b) If you were not the driver of the vehicle, to notify us of the name of the driver and a current address for service for the driver and pass this notice on to the driver.

 

Please be warned; that if, after the period of 28 days beginning with the day after that on which the notice is given

(i) the amount of the unpaid parking charge specified in this notice has not been paid in full and

(ii) we do not know both the name of the driver and a current address for service for the driver

, we have the right to recovery the unpaid parking charge from you, the registered keeper.

 

Please see the reverse of this notice for further information on how to pay / how to make a representation against the parking charge.

 

Spelling mistakes include with letter.

 

Went around the car park to take pictures and as you can see there is not a clear sign with the terms and conditions at the entrance…

. Plus all terms and conditions signs are all facing the perimeter of the car park

….and more specifically there are none in the area where I parked (outside burger king)

which is why I photographed that area.

20160422_121756_resized.jpg

20160422_121910_resized.jpg

20160422_121902_resized.jpg

20160422_121824_resized.jpg

20160422_121906_resized.jpg

Link to post
Share on other sites

the 'creditor' what utter bowlarks

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... 

 

 

Link to post
Share on other sites

Does the NTK contain everything needed to comply with schedule 4 of the POFA 2012??

 

Check here;

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

 

There can be no keeper liability if not, let alone the inadequate signage...

Link to post
Share on other sites

the signs are not a contract but an "invitation to treat"

so you are then allowed to decide if you want to enter into a contract that is subsequently offered.

 

"O" level law case study this one,

you go into a shop that has a big sign outside saying 50% off most items

and you go in, select an item not in the sale and ask how much.

 

 

the shopkeeper says it is full price and you then cannot

1) force the shopkeeper to sell you it at 50% off,

2) force the shopkeeper to sell it to you at all as the contract is offer

and consideration so you offer the money and he accepts the money

and gives you the goods in return.

 

 

Likewise the shopkeeper

1) cannot force you to buy something just for enquiring about his sale and

2) cannot charge you for wasting his time.

 

The invitation is that sign,

that doesnt say you cannot park without agreeing to the contract offered by another sign somewhere else

so you can park and it is up to you whether you want to consider and accept the rest of what is in the sale.

 

G24, Excel and others commonly make this error and they have lost at court

because of it so dont be bullied into paying them anything or believing their bs.

they know it is wrong but do nothing

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...