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    • 4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx  
    • Underp04 (I think it was him) put up the statement IDR used in court from some supposed expert mr edge. can you find it? It stated 10 years was the statute barred limit but also that the laws were very confusing. very much worth digging out!
    • You'll be fine don't worry.  
    • Thank you I cannot sleep. CRS is the company 
    • They wont take you to court. I'm not sure what they'll do about the letters and if they will or wont send you the letters from their retail prevention company, but you can ignore those letters. You'll be just fine don't worry.
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    • 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
        • Like

St James's Hospital Leeds, PCN ZZPS


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Hi,

The chain of emails is funny and actually shows just how childish these companies are.

 

We do need more details of the company in question as the only one I can find so far is PCN (NW) Ltd.

 

Have a look at the bottom of the letter and it should have the full details of the company.

 

Oh yes, stop feeding their ego's

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What you have received is very misleading. Can you upload the document in pdf format and obscure all personal details. ( name, address, car reg no., any barcodes and reference numbers)

 

IpaymyPCN.net is a company that acts for many parking companies so they don't actually run the parking management. This must be either in house or another company.

 

Either way, I would complain to the hospital as this sort of practice is nasty.

  • Confused 1

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If the 'client' ( not this shower) is a member of the BPA then yes, they should. Members of the BPA follow the rules of PoFA 2012. Members of the IPC do not follow PoFA and as such they can take as long as they want.

 

This is where things get confusing. We don't actually know who their client is! (apart from being the hospital)

 

ZZPS who operate the ipaymyPCN are members of the BPA so I would be complaining to them about the content of the emails

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Took a while to find but Leeds NHS trust are members of the BPA so all the rubbish spouted in those emails should also be reported to Jimmy's as well.

 

[email protected]

 

As members of the BPA, all members MUST follow the protocols laid out in this:

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

 

No PCN issued, No Notice To Keeper issued within 56 days, No opportunity to appeal therefore any claim in court should fail so apart from the complaints to Jimmy's and the BPA, I would ignore this bunch of fools

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I know DX says to ignore them but I get the feeling you are enjoying playing with them.

I would be saying, "OK, bring on the legal action. " I'm sure that Leeds NHS trust, being the client will begin legal action...NOT but of course they may be completely silly and do so.

 

If court action were to be taken, they would fail for the reasons mentioned above nd you could claim for your costs as well as the claim would be without merit.

 

I hope you have filed the complaints I mentioned.

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thank you

I will wait for your client leeds NHS trust to possibly, maybe, might, or be instructed too

issue a claimform

 

 

as I knew from day one ZZPS are a powerless DCA anyway.

 

Oh DX, you do make me laugh Ghelyon.gif

 

As to the claim they trying to save you money, the only answer I can give is another smiley

 

www_MyEmoticons_com__fishing.gif

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One other thing.

 

"notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA", the registered keeper's details were received on 03/10/2016 and the NTK sent on the same day, therefore our client is well within their legal right to pursue this PCN.

 

If you were to contact the DVLA, they can tell you when the keeper details were requested, who by plus the dates. If they differ from what is claimed you can then add that to the report to the BPA

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