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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.  

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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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      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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Virgin Media Price Hiking


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it is not illegal to record call

 

 

end of

 

It certainly is not illegal to record the call as dx states, but sadly not 'end of' in VM's opinion.

 

If you tell the VM rep you are recording, most will say you cant, hang up, and that you record WILL go in your notes even if nothing else does.

 

My understanding is that there are some issues with using the recording in court if the other party was not aware, but you CAN use a transcript - which they would find difficult to refute without allowing the the actual call recording to be used.

 

 

What I always do is when you get the 'o and by the way we may record some calls' before putting you through to the often useless CS rep, I say 'thats fine, Im recording it'.

If they can just assume you are listening and have heard, seems reasonable I do too in responding.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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I just called them up and told them this is their last chance, I want the difference in what they should have charged me returned today or I'm walking.

 

So the advisor came back and said the only way to do this was to contact my bank and ask to make an indemnity claim against Virgin media for the difference.

 

So I called up my bank and they say I need written proof in order to make an indemnity claim, which puts me back to square one again, and will involve phoning up Virmin media again.

 

I think I'm going to just sign up with another provider. They can stick their service where the sun don't shine.

 

I'm am so done with them. The conversation started to turn a little bit nasty just then as I began to lose my patience with them. Goodbye Virmin.

 

The bottom line here I think is the advisors on the other end of the phone haven't got a clue!

 

What is apparently going to happen is my account is credited with the difference, which means it will come out my next bill, so my next bill will be less than a pound.

 

That's all fair and well IF that is what I had been told and IF I had something in writing to say that! But why should I take on their word about this, another time, when the last 3, 4, 5? times I've been told things on the phone and then something else happens?

 

So might as well wait and see if my next bill will be almost nothing and hang on until I get what I have paid for before arranging to move to Sky.

 

I'll be willing to bet my next bill e-bill wont be what they are saying it going to be though..

 

Dear Ofcom,

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The bottom line here I think is the advisors on the other end of the phone haven't got a clue!

 

What is apparently going to happen is my account is credited with the difference, which means it will come out my next bill, so my next bill will be less than a pound.

 

That's all fair and well IF that is what I had been told and IF I had something in writing to say that! But why should I take on their word about this, another time, when the last 3, 4, 5? times I've been told things on the phone and then something else happens?

 

So might as well wait and see if my next bill will be almost nothing and hang on until I get what I have paid for before arranging to move to Sky.

 

I'll be willing to bet my next bill e-bill wont be what they are saying it going to be though..

 

Dear Ofcom,

 

Sadly my experience is that they are lying, dragging it all out as long as possible so they can say you are outside your cancellation period.

 

Put it all in writing to them, clearly headed as a complaint, or they will probably say none of this occured and there are no notes.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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having billing issues with VM myself, looked evrywhere and found this great offer, 76mbs for £21 for 18 month's, it jumps up a fair bit after 18 months but seems a good deal for now

 

http://www.broadband.co.uk/broadband/providers/sse/

 

you may have to goto sse's website to find the exact deal I am talking about, can't seem to find a direct link, the offer is phone line @ £17.99 and BB for £5 for 18 month's, it then goes upto £30 a month after the first 18 month's

 

in 18 month's there maybe more competition for the higher speeds and hopefully VM will bring back there more sensible price's !

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" in 18 month's there maybe more competition for the higher speeds and hopefully VM will bring back there more sensible price's ! "

 

I seriously doubt that:-D

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having billing issues with VM myself, looked evrywhere and found this great offer, 76mbs for £21 for 18 month's, it jumps up a fair bit after 18 months but seems a good deal for now

 

http://www.broadband.co.uk/broadband/providers/sse/

 

you may have to goto sse's website to find the exact deal I am talking about, can't seem to find a direct link, the offer is phone line @ £17.99 and BB for £5 for 18 month's, it then goes upto £30 a month after the first 18 month's

 

in 18 month's there maybe more competition for the higher speeds and hopefully VM will bring back there more sensible price's !

 

Great price, I've looked at it but SSE apparently have massive throttling/traffic management at peak times (eg evening) which you are probably used to being with VM, and big issues with long dragged out changovers.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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  • 3 months later...

So as it turns out I have to move house in three weeks, which means I can't take my Virgin fibre opto with me. But that's OK as there is already a cable box installed in the house I'm moving to.

 

I contacted Virgin to cancel today and I'm not sure if they are correct but they said I am paying 1 month in advance, so that I get DD'ed the middle of the month and that is for the period 1 month to 2 months after that?

 

ie. if I pay on the 15th August that covers me from the 15th September to the 15th October. I always thought if I paid on the 15th then that covered me for roughly the next month, I didn't realise it was a month in advance and the period started 1 month AFTER I pad.

 

I'm not sure if she made a mistake with that because when I asked her to email me the transcript she said she couldn't because of the data protection act?

 

Never heard that before. I saved the transcript and screensaved the relevant parts as well anyway.

 

So basically it's cancelled now and this then means I'll be already overpaid by two months when they disconnect me at the end of next month.

 

Nonetheless, they want to still bill next month, and then I have to wait 35 days to recieve a cheque to refund me for about 1.5 months!?

 

Stuff that, I said in so many words.

 

So, they owe me half a month's line rental basically now I can cancelled.

 

I'm just going to cancel the DD and they can refund me the rest of the month. I don't imagine they will take me to court for money they owe me?

 

Ridiculous. Will they maybe refuse to refund me if I don't pay the bill as I'm supposed to?

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It certainly is not illegal to record the call as dx states, but sadly not 'end of' in VM's opinion.

 

If you tell the VM rep you are recording, most will say you cant, hang up, and that you record WILL go in your notes even if nothing else does.

 

My understanding is that there are some issues with using the recording in court if the other party was not aware, but you CAN use a transcript - which they would find difficult to refute without allowing the the actual call recording to be used.

 

 

What I always do is when you get the 'o and by the way we may record some calls' before putting you through to the often useless CS rep, I say 'thats fine, Im recording it'.

If they can just assume you are listening and have heard, seems reasonable I do too in responding.

 

intresting.. what issues?

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Erm... perhaps going off on a tangent here, but this was the original/latest post I was querying in case anyone misses it...

 

So as it turns out I have to move house in three weeks, which means I can't take my Virgin fibre opto with me. But that's OK as there is already a cable box installed in the house I'm moving to.

 

I contacted Virgin to cancel today and I'm not sure if they are correct but they said I am paying 1 month in advance, so that I get DD'ed the middle of the month and that is for the period 1 month to 2 months after that?

 

ie. if I pay on the 15th August that covers me from the 15th September to the 15th October. I always thought if I paid on the 15th then that covered me for roughly the next month, I didn't realise it was a month in advance and the period started 1 month AFTER I pad.

 

I'm not sure if she made a mistake with that because when I asked her to email me the transcript she said she couldn't because of the data protection act?

 

Never heard that before. I saved the transcript and screensaved the relevant parts as well anyway.

 

So basically it's cancelled now and this then means I'll be already overpaid by two months when they disconnect me at the end of next month.

 

Nonetheless, they want to still bill next month, and then I have to wait 35 days to recieve a cheque to refund me for about 1.5 months!?

 

Stuff that, I said in so many words.

 

So, they owe me half a month's line rental basically now I can cancelled.

 

I'm just going to cancel the DD and they can refund me the rest of the month. I don't imagine they will take me to court for money they owe me?

 

Ridiculous. Will they maybe refuse to refund me if I don't pay the bill as I'm supposed to?

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Great price, I've looked at it but SSE apparently have massive throttling/traffic management at peak times (eg evening) which you are probably used to being with VM, and big issues with long dragged out changovers.

 

They did have, due to buying insufficient back haul capacity from Daisy. However, that issue was sorted out 2-3 months back. Have been with SSE for 6 weeks, no issues at all; no slow down at any time, no throttling, no traffic management, no data caps - and we hammer our connection!

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