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    • Hello, Some might remember me I put up a post about buying a seat leon,   Anyway it has caused me hell!!   So I had a new dual mass flywheel and clutch fitted by   Formula one auto center    A couple of days later my clutch is slipping and making noises and smells, so I took it back to the garage and they have offered repair it free of charge under Warranty,   I have told them I had trouble getting the car into them for the whole day the first time they fixed it and I need my car,   I have asked them to provide a courtesy car but they refuse to provide it.   Under consumer rights act 2015    Page 23   paragraph 2   (A) do so within a reasonable time and without significant inconvenience to the consumer and,    (B) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials and postage)   They must cover the cost of this?   Thanks again    
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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blankwall

CPM Private Parking Ticket where I am the Leasholder!

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I received the NTK, should I be posting that up here? It might put you on until the pictures of the signs!

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Yep ... redacted of all personal info, reg numbers and PCN reference numbers, but need dates and locations. Upload as a PDF

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I received the NTK, should I be posting that up here? It might put you on until the pictures of the signs!

 

Please do, but make sure that you redact/cover any personal or identifying information.

 

Name, address, vehicle index, PCN numbers, reference numbers, bar codes or QR codes. :thumb:


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You may want to edit that and remove the bar code at the bottom :wink:


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Interesting, they forgot to say who the creditor is so obviously not them. OK, I admit being the creditor so you can pay me and that will satisfy the notice you received. The last line is open to considerable debate, if they are agents that means they have no rights to do or claim anything in their own name so again, yo can pay me as I am also an agent of the landowner with as much right to the money as they appear to have by their own admissions.

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I can't see how to delete / edit the post?

Hmmmm.

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Wow, that was a quick payment, please print off the last 2 posts as proof of payment and receipt and send it to: W. Hopeless and J. Dodgy , C/O Gladstones solicitors, the large victorian building, Wormwood Scrubs Common.

In all seriousness you would think that these so called professional parking companies when advised by a firm of solicitors that also run the IPC could actually get the wording of a short letter right. The POFA actually tells them the exact wording to use as a key phrase so all they had to do was cut it out (no pointed scissors, we dont want any accidents) and colour it in.

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I can't see how to delete / edit the post?

Hmmmm.

 

You have about ten minutes to edit a post. After that time, you need to use the Report Post button.


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please post it up as a PDF

follow the upload

 

 

dx


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nope, it hasnt suddenly become a proper NTK creating keeper liability under the POFA.

 

However as they are IAS members the law doesnt apply to them according to Will Hurley.

 

Knowing there is no keeper liability doesnt really help you as it is your car parked outside your house so it would be a fair assumption that you have put it there at least once.

 

Your rights as a tenant under the freehold are a better argument.

 

When you have a little more ammunition regarding other matters such as the signage and planning permission

( most councils are too lazy or busy to enforce the law so you will have to firstly enquire and then kick up a fuss over this)

you can respond to their demand.

 

They may not take any notice of you and resport to getting the IPC/Gladstones to issue proceedings but by then you will have created a paper trail that will show their unreasonable behaviour.

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Blankwall, I'm sorry but I have unapproved the attachment. As I scrolled down the page, the black boxes vanished for a micro second allowing me to see the personal details.

 

Once sorted, I will delete the attachment for you.


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the visibility of the signs is poor,

you cant see them on entry to the land

and they are poorly placed and not illuminated.

 

That would mean for a casual visitor no contract offer is clearly made so probably a win in court.

 

You, however, live there so your argument is about the right of the management co to allow a third party to be making contracts with you, the leaseholder.

 

They arent going to show you the contract voluntarily so it may well have to go to the wire.

 

Follow up the planning permission angle first so you have a second string to your bow.

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You think that the NTK doesn't say who the creditor is so it could well be the Management Company or the PCM rather than the freeholder?

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the point is it doesnt say it is them so dont be guessing. This means that they cant make a claim in their own name and they cant act on anyone else's behalf so they are stuck.

 

The reality is they are just too stupid to copy out a paragraph from the POFA and paste it into their letters. They obviously want you to pay them otherwise why would they send you the demand and not someone else?

 

You have to read more widely and then you will realise that the question isnt one that should be asked. We can help you but we cannot do everything for you so dont just rely in what is written in this thread but read a load more, read the POFA, read the Parking Pranksters blogspot, read other parking forums etc so you get to know some of the court cases that would apply to your circumstance.

 

Also read all of thecases in the PATAS case precedent files, the law regarding their decisions impinges upon private parking as the parking co's have to show that they follow a code of practice and where there is a precedent they shoul also use that. They often dont, especially IPC members because they are told by their offices that theynhave superpowers and the law of the land doesnt apply to their members. That is why they are more likely to go to court and get a good hiding for their trouble.

Edited by honeybee13
Paras.

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I received a letter back.

Obviously they have denied the appeal and my assertions of criminal wrongdoing and are worming around.

Is it worth chasing them with demand letters?

reply.pdf

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While that reply is mostly meaningless, I will give them credit for actually replying to the issues that you raised and not just sending a generic response.

 

Appealing to the IAS isn't really worth a stamp, but on the other hand, it would show a court (if it get's that far (and with the IPC and Gladrags involved, it probably will)) that you've tried to engage with them and told them that they had/have no cause of action.


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appealing to the parking co will be enough to show that you havent just ignored them and made your points that they havent answered, or to be fairer to them, answered but still completely wrong in lawa nd hoping that you are convinced that they are right in their assertions.

 

They cant have an agreement with the landowner because that is YOU.

 

Dont bother appealing to the IAS, you have your papetr trail.

Edited by honeybee13
Paras.

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