Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
    • dx100uk
      Multiple speeding tickets

      By dx100uk · Posted

      Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)  
    • dx100uk
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By dx100uk · Posted

      works fine
    • dx100uk
      Another P2G / EVRi Lost Parcel Claim

      By dx100uk · Posted

      upload sites dont retain copies and so what if they do... what do you think they are going to do, kidnap your grannies budgie or something..how the hell would any of the info required by us be of any use to them..... stop being paranoid and put them all in one mass multipage pdf.  
    • Namz
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By Namz · Posted

      https://audicam.audi.co.uk/customer/6660055/00cc584e9769699ddba3807a2995032f/59022-13062024 Please let me know if you can access footage 

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

HighView Parking Scotland

trickyricky
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2549 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

trickyricky

trickyricky

Posted
Posted

I received a PNC from HighView Parking for an overrun of 2 hours at a retail car park in Livingston Scotland.

 

In this particular case I was definitely not the driver and that is absolutely genuine.

I obviously know who the driver is but not about to divulge this information to them.

 

The alleged incident happened on Oct 30th 2016,

their PNC is dated 7th November 2016

and I received the PNC via second class post today 16th Nov 2016 some 17 days later.

 

I thought they only had 14 days for to send this out, but I could be wrong.

Who on earth posts out time sensitive data via 2nd class post, especially at this time of the year?

 

I was wondering where I stand on all of this as they cannot quote PoFA to me as it does not apply in Scotland, or am I wrong about that?

 

I also notice that they state on the reverse that - quote

 

"Where our clients property is located either in England or Wales should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA......etc,etc.

 

what happens when their clients property is in Scotland then?

 

One thing I do know is that there is no way they are getting the name of the driver without them coughing up an admin fee for the data. Lets face it, I would be charged if I were to ask for data from any company so as far as I am concerned that works both ways.

 

Any help appreciated.

Link to post
Share on other sites
silverfox1961

silverfox1961

Posted
Posted

Hi and welcome to CAG.

 

Ignore them. You are correct. PoFA does not apply in Scotland so I would complain to the DVLA for giving out your details to a parking company where no liability exists.

 

These companies are well known for delaying posting letters so that they can deny you an appeal. I bet the envelope doesn't have a date mark on it so it's a case of your word against theirs.

 

The only time to respond to these chancers is if a Letter Before Action or court papers arrive

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

Hi,

 

I was parked in a Retail car park in Livingstone last weekend, didn't pay anything and forgot to look at the signs, just wondering if I'll get anything in the post :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted

It was outside Debenhams at the Almondvale Shopping Centre, sure it's only for disabled and parents with kids.

My wife was driving so she can ignore them when they write :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
maroondevo52

maroondevo52

Posted
Posted
I think you will be OK there as I am sure it is a pay and display and I do not think that car park has cameras

 

I'm sure that's where the Christmas Coke Truck normally parks.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
ericsbrother

ericsbrother

Posted
Posted

Essentially they are relying on your ignorance to make a quick buck. No keeper liability in Scotland so only contract is with driver at the time and they cannot assume that the keeper and driver are the same person. Also there is no tort of trespass in Scotland so the landowner cant claim damages either.

What to do? Ignore them completely. Do not be tempted to argue any points witht ehm as they will then just continue to hound you. If you ignore them and they carry on they face a claim for harassment. You may have cause to complain to the DVLA about releasing your data to them but they try and dodge that issue by giving a stock response so any complaint will be long winded and eventually involve the ICO so if no harm done dont bother

Link to post
Share on other sites
trickyricky

trickyricky

Posted
  • Author
Posted

Hi ericsbrother, I apologise for the slow response to your reply this was due to technical issues with my server. Anyway, thank you very much for your wise knowledge of the situation and it is most appreciated. I will be totally ignoring those extortionists. I have already sent a complaint to DVLA but I guess it will be the usual template response but I am happy to take them to task for as long as it takes as I do not see why they should get away with it. Cheers again and keep up the great work.

Link to post
Share on other sites
ericsbrother

ericsbrother

Posted
Posted

the DVLA will quote the RTA that allows anyone to ask for keeper details.

However, the access to the KADOE system is different because the parking co's have to give scouts honour that they follow the protocols of the ATA they belong to and can create a keeper liability.

 

 

If they abuse this computer access they can be barred from getting any details at all so your question to them should be who has accessed your keeper details and for what reason as the POFA requirements have not been met.

 

 

If you get the stock answer you ask again who and why and explain that no keeper liability exists to reiterate the "why are you giving my details to these bandits" point.

 

 

If you dont get a satisfactory response you complain to the ICO about the DVLA and if they tell you that Highview have told them they are doing it right you complain again as a separate issue that they are abusing the KADOE access by tellling lies to get information and what are the DVLA going to do about it? (copied to your MP)

 

In short, it will be at least 3 letters before you get a proper reply to the actual complaint.

Link to post
Share on other sites
  • 6 months later...
Ladybird14

Ladybird14

Posted
Posted
I received a PNC from HighView Parking for an overrun of 2 hours at a retail car park in Livingston Scotland.

 

In this particular case I was definitely not the driver and that is absolutely genuine.

I obviously know who the driver is but not about to divulge this information to them.

 

The alleged incident happened on Oct 30th 2016,

their PNC is dated 7th November 2016

and I received the PNC via second class post today 16th Nov 2016 some 17 days later.

 

I thought they only had 14 days for to send this out, but I could be wrong.

Who on earth posts out time sensitive data via 2nd class post, especially at this time of the year?

 

I was wondering where I stand on all of this as they cannot quote PoFA to me as it does not apply in Scotland, or am I wrong about that?

 

I also notice that they state on the reverse that - quote

 

"Where our clients property is located either in England or Wales should your appeal be rejected, we will provide you with full details of how to appeal your notice through POPLA......etc,etc.

 

what happens when their clients property is in Scotland then?

 

One thing I do know is that there is no way they are getting the name of the driver without them coughing up an admin fee for the data. Lets face it, I would be charged if I were to ask for data from any company so as far as I am concerned that works both ways.

 

Any help appreciated.

 

Hi trickyricky,

 

I'm hoping you're still around. Can I ask what happened with this please? Did you get passed to a debt collection agency and then threatened with court action? Did you continue to ignore? Was court action taken? Enquiring due to similar issue, same car park. Any info/advice you could offer would be appreciated.

 

Thank you.

Link to post
Share on other sites
trickyricky

trickyricky

Posted
  • Author
Posted
Hi trickyricky,

 

I'm hoping you're still around. Can I ask what happened with this please? Did you get passed to a debt collection agency and then threatened with court action? Did you continue to ignore? Was court action taken? Enquiring due to similar issue, same car park. Any info/advice you could offer would be appreciated.

 

Thank you.

 

Hello

 

I haven't heard from them since January this year.

I never ever contacted them,

did not respond to any of their letters at all.

 

 

They sent the usual threats which is par for the course

Eventually it did go to a DCA and I got one letter from them saying they were acting on their behalf.

I ignored that as well. Never heard from them since.

 

 

In Scotland they would have to prove you were the driver of the vehicle.

By the way, the freedom of information act they use does not apply in Scotland either so if the DVLA give out your details you should complain to them.

 

 

I sent a complaint but have never heard back from them.

Silence tells me they know they are in the wrong.

 

 

I cannot tell you what to do as this is something you must decide for yourself,

but I as I have said I have NEVER acknowledged one letter that they sent and I never will.

 

 

It is not to say they wont try again but they would be wasting their time on me that's for sure.

Hope this helps

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted
Hi trickyricky,

 

I'm hoping you're still around. Can I ask what happened with this please? Did you get passed to a debt collection agency and then threatened with court action? Did you continue to ignore? Was court action taken? Enquiring due to similar issue, same car park. Any info/advice you could offer would be appreciated.

 

Thank you.

 

 

need to start a new thread

of your own.

 

 

dx

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
Ladybird14

Ladybird14

Posted
Posted
Hello

 

I haven't heard from them since January this year.

I never ever contacted them,

did not respond to any of their letters at all.

 

 

They sent the usual threats which is par for the course

Eventually it did go to a DCA and I got one letter from them saying they were acting on their behalf.

I ignored that as well. Never heard from them since.

 

 

In Scotland they would have to prove you were the driver of the vehicle.

By the way, the freedom of information act they use does not apply in Scotland either so if the DVLA give out your details you should complain to them.

 

 

I sent a complaint but have never heard back from them.

Silence tells me they know they are in the wrong.

 

 

I cannot tell you what to do as this is something you must decide for yourself,

but I as I have said I have NEVER acknowledged one letter that they sent and I never will.

 

 

It is not to say they wont try again but they would be wasting their time on me that's for sure.

Hope this helps

 

Thanks for the reply. Letter number 3 from DCA saying they are passing back to Highview recommending court action! Not acknowledged any letters or entered into any debate. Just a bit worried now :-(

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

they cant do anything to you

you are in Scotland ignore!!

 

 

as long as the carpark was in Scotland

not where you reside

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
trickyricky

trickyricky

Posted
  • Author
Posted
Thanks for the reply. Letter number 3 from DCA saying they are passing back to Highview recommending court action! Not acknowledged any letters or entered into any debate. Just a bit worried now :-(

 

The DCA can recommend all they like it wont make any difference. Do not go worrying about it. You parked it in the same place as I did and as I said, it is in Scotland so they have no chance of winning and they know it. They are just hoping that people will bottle it due to all their threats. Just stand firm. Personally, they could go stuff themselves for all I care

Link to post
Share on other sites
ericsbrother

ericsbrother

Posted
Posted

the DCA's always sign off recommending court action to their paymasters in the hope that you will be persuaded to them pay them some money when they have no legal authority to actually collect it ( see FCA list of licenced money handlers and you wont find these dca's on it).

 

You must remember, in Scotland the POFA doesnt exist so there is no keeper liability. this doenst mean that parking co's cant offer contracts to motorists, just that if you ignore them there is no comeback on the keeper of the vehicle and no trespass on the land either.

 

One thing to watch out for though is that the disabled "blue badge" scheme can be enforced on private land in scotland by the local council with the agreeemnt of the occupier of that land so it is possible to get a proper parking ticket in a disabled bay but not a private company "parking charge notice" that is enforceable.

Link to post
Share on other sites
Ladybird14

Ladybird14

Posted
Posted

Thank you.

I'm definitely feeling more reassured.

 

 

I didn't even realise I was parked in a place where there was a time restriction.

I drove back there the other week to see where the signs were

- they're on the sides of buildings rather than erected at the car park entrance

- I hadn't even noticed them before.

 

 

Apparently I overstayed by 9 minutes and this warrants £149.

I never park in disabled spaces and wouldn't have overstayed if I'd realised there were restrictions.

 

 

Feel hounded - they've been chasing for about 3 and a half months, and I'd been getting a bit more worried every time a letter arrived. I suppose that's what they bank on though 😳

Link to post
Share on other sites
dx100uk

dx100uk

Posted
Posted

oh yes that's how 100% of them work

and any powerless DCA's chasing consumer debts too.

they cant actually do anything

they are NOT BAILIFFS

 

 

so even though you are in Scotland, and has been explain, you ignore any speculative invoice

another bonus in your story is you only over stayed by 9mins

theres an unwritten rule you always have 10mins grace no matter where you park privately.

 

 

dx

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
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...