Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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

Millennium parking services/Gladstones claim form - PCN Metropole Chambers, Swansea


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2485 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

Morning all,

 

I have been given a PCN by Millennium parking services.

I ignored the windscreen PCN and have now received the notice to keeper in the post.

 

They identify themselves as "the creditor" and state they do not know who was driving, so no suggestion i was driving only i am the registered keeper.

 

In short,

there is a little back alley in Swansea,

on one side there are parking spaces that are council controlled,

on the other side there is a little square of concrete, just about big enough to fit 2 cars on,

not marked with parking spaces but with signs up from Millennium parking.

 

 

I parked there for about 20 minutes at 9:40 at night,

not affecting anyone's business or trade and for that they have decided i owe them £100.

 

I'm not going to pay it based on the principle that I have caused no inconvenience or loss of money to anyone

 

 

I see no reason that I should just give them £100 just because they have decided to put up a sign on this random slab of concrete and decided that anyone stopping there must pay £100!!

 

My intention was to write them a letter stating that as the keeper only i challenge the PCN on the basis that the signs are ambiguous and hard to read as there is very little lighting at the location and the PCN was issued in darkness. The amount requested is extravagant and unconscionable and cannot be justified.

 

ive posted on here before and had some cracking advice so i look forward to replies, hope you are all having a good Christmas period!

 

Thank you

Kind regards

47

Link to post
Share on other sites

  • Replies 63
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Wi3347 and Welcome to CAG

 

I have moved your thread to the appropriate forum...please continue to post here.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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

hello everyone, hope you all had a good xmas! info below

 

For windscreen tickets (NTD) please answer the following questions....

 

1 The date of infringement - 15/11/2016

2 Did you appeal to the parking company? not yet

If not,

have you received a Notice To Keeper? (NTK) what date is on it - NTK date of issue 15/12/2016 received 18/12/2016

Did the NTK provide photographic evidence? Yes, photos on the NTK

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) - No mention of PoFA

 

4 If you appealed after receiving the NTK, - Havent appealed yet.

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? - Millennium Door and Event Security Ltd

 

6. where exactly [Carpark name and town] did you park? - Metropole Chambers, Swansea

For either option, does it say which appeals body they operate under - The link says IPC?

Thank you all,

 

kind Regards

Link to post
Share on other sites

I sure we have had another post about a ticket from here but the poster didnt come back and tell us what if anything has happened after we advised.

 

Post up the NTK and we will comment on it and advise accordingly.

 

 

The advice may well be ignore them for the moment or to write a short response just to show that you arent ignoring them but they have no reason to claim anything.

Link to post
Share on other sites

click upload^^

 

 

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

their NTK is not POFA compliant,

they miss out several important things such as who the creditor is and they use the wrong notice period for the driver, which is 28 days not 21.

 

They cant change the law unilaterally so they are stuffed as far as making you liable for the debt of the driver, who is obviouly unknown to them and you are not obliged to tell them who it was.

 

Whay to do next?

 

Well I would ignore their deadlines and make them chase you and in the meanwhile get those pictures we asked for to bolster your position when you do rebut their claim.

Link to post
Share on other sites

I dont care how difficult it is to see whe it is dark, I want to be able to read it. If the matter gets to court then that argument may well be persuasive but for the moment we are miles away from there, we need to know what to say in a letter to them.

Link to post
Share on other sites

  • 2 weeks later...

says they are a member of both?

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

it is possible but they arent and that is therefore a misleading sign as it appears to offer a different contract disputes servcie than they actually use.

 

Not that importnat at this stage but very important if they try and sue you as you can demand to use an ADR they cant!

 

signage is prohibitive is the main point here anyway.

 

You didnt have a permit so you cant breach the contract as you are a mere trespasser.

Link to post
Share on other sites

i was going to ignore but based on the fact that they have passed the above onto solicitors (debt collectors in disguise)

im going to post them a letter stating that as registered keeper there is no liability as their signs are illegal.

 

Claiming to be part the BPA when they are not is fraud by false representation.

 

Also the fact their signs are illegal,

inaccurate,

poorly lit

and difficult to read

means they are not fit for purpose to deter people from unknowingly entering into a contract with them and the contract therefore never existed.

Link to post
Share on other sites

this is where you may make a fool of yourself because illegal, unlawful and unenforceable are all very different things.

 

As in your case they failed to create keeper liability under the POFA just tell them that, nothing else,

no mention of their signage,

no mention of fraud etc.

 

 

All the other detail about the signs will only make them think that you are huffing and puffing and they may well take advantage of that.

Link to post
Share on other sites

I do trust your advice so I will write them a simple letter stating that as the registered keeper they have failed to create keeper liability as their Signs are not POFA compliant.

 

Im not huffing and puffing

but i thought it worth mentioning that the reason there is no keeper liability it that the signs are not only non pofa complaent but illegal.

 

You cannot say someone has entered into a contract with you via illegal signage.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...