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    • That's great news and thank you for letting us know. I'll amend your thread title. HB
    • Ironically, 2 weeks after no updates the parcel has been located and delivered today!! maybe the Evri system is not as bad as it used to be (for me, at least...). Annoying that I spent 3 hours yesterday brushing up on my consumer legislation, but at least I'm well equipped to handle any more issues going forwards! Apologies to have used up the forum's bandwidth and feel free to mark as "resolved".
    • Hi all. Just posting this for other users to take note of. We ordered some furniture from NCF Living in Hull and subsequently cancelled (before delivery) because of poor customer service. They now want to charge us a cancellation fee. (Fat chance). As a little background, they offer immediate delivery (7 to 10 days) on a lot of their products, because it's already manufactured and sitting in a warehouse somewhere. We ordered such an item. 18.5.24 Order placed and £190 deposit paid on a debit card. (0% finance on balance) about £2,000. Arranged them to hold for later delivery, 'cos we were about to move house. 01.06.24 Went into store after house move to fill in their "change of address" form for delivery. Problem: Finance company needed proof of adress. 02.06.24 Went back to store with Solicitor's letter from conveyance process. 06.06.24 Heard nothing further, so went back to store. The evidence had already been approved, but they hadn't told us.A printout of the file was made with notes at the top for store manager get in touch and arrange delivery. 24 .06.24 After an intervening holiday away, we'd still heard nothing, so went into the store to cancel. We were told that "admin" would be in touch within 14 days about the cancellation... Huh?! Asked for contact details of "admin" so I could call them direct (you should ALWAYS keep control of comms), but were told they had none. Went home and did a very painless chargeback for the £190 deposit. (Thanks Co-operative Bank). 25.06.24 Sooo, the day after cancelling, I get the first contact from them ever, trying to arrange delivery! Short summary of the conversation. Me: I cancelled the order yesterday. NCF: I know. Me: So, you've got a cancellation in front of you, but you're trying to make a delivery..? NCF: Well, if you want to cancel, there's a cancellation charge. Me: What costs have you incurred? NCF: We had to order the furniture. Me: It's "immediate delivery", so it's just sat in your own warehouse. NCF: We had to hold the order until you requested delivery. Me: So, it's stll sitting in your warehouse... What have you lost? NCF: You can't just cancel an order without paying the cancellation fee. Me: I just did... Yesterday. Goodbye. I've now emailed their customer services, confirming the cancellation... We'll wait and see... As a side note, there was a retired gentleman outside the store yesterday, buttonholing customers on their way in, warning them not to buy anything there. Apparently, he'd been parked there every day for 3 weeks. He paid £2,500 for a bed which had numerous faults. He was having problems getting a refund, so set up camp outside, to try and get some action. They have had the police visit him 5 times so far. He just explains that this is a civil dispute and they leave. He also showed me a laughable "banning order" that onsite Security have issued him. He said they were quite friendly and sympathetic when he told them the story and said it would probably take several months to go through any possible Court process to evict him. Anyway, I've referred him here. Don't know whether he'll turn up. I'll post further if NCF start playing games.
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    • 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.

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    • 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

Euro cr parks ANPR PCN - Surbiton Health Centre


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because no one has posted on it for the last 2155 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

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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

1 Date of the infringement 08/11/2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] issue date is 05/12/2017

 

3 Date received Not sure as I was on a long trip and found it when I came back

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes

 

5 Is there any photographic evidence of the event? No a search to their website only shows a table with the basic info and payment due, no photos

 

6 Have you appealed? {y/n?] post up you appeal] no

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Euro car parks

 

8. Where exactly [carpark name and town] Surbiton Health Centre, KT6 6EZ

 

For either option, does it say which appeals body they operate under.

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE BPA

 

I went to talk with the reception at Surbiton Health Centre, and they were not helpful.

 

I remember the console to register the Immatriculation number was not working on one of the days I had to go there,

but I am not sure it was on the 08/11/2017.

 

The people at the reception did not want to confirm anything and went as far as to say that they have nothing to do with the parking company.

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WAS this an ANPR capture?

if it was they are out of time

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... 

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Don't do anything yet. Let them waste their money.

 

If they're stupid enough to take this all the way to court (or at least issue a claim), you've got a cast iron defence. There is no keeper liability, so they can't (legally) chase you as keeper. And they'll have wasted a load of cash :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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yep ignore

until/unless you get a letter of claim or before action

or a court claimform [very doubtful]

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... 

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Share on other sites

as they didn't slap a ticket on the car

they have to issue the NTK within 12 days after the date of the event.

Allowing for post that gives the 14 days to get it in your sticky fingers.

 

Clearly they are way outside this period so they can only claim any debt from the driver at the time, who is unknown to them and you arent obliged to tell them.

 

Also,

as they have no " reasonable cause" to obtain your keeper details they are in breach of their contract with the DVLA and in breach of the DPA for unlawfully processing your data and you can sue them for this.

 

I would advise writing to the DVLA and ask them who obtained your details and why

then write a letter of compaint about ECP telling lies to access the KADOE and ask them what are they going to do about this.

 

You will get a general response that avoids the issue so dont give up,

write again telling them that their response is pants and demand they actualy take the time to read what your complaint is about.

Copy your snotty letter to your MP

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  • 4 weeks later...

Just wanted to follow up on this one.

Our car is leased, therefore we get a "handling fee" for this type of requests.

 

We got back to the leasing company saying that the charge is invalid and they answered that they need proof that it has been cancelled.

 

That seems to be an unfair attempt to justify a fee that should not exist.

 

What would be the best way to deal with them?

 

Thanks again for all your help so far!

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Read your lease agreement VERY carefully!

 

It will probably mention statutory fines/charges.

 

If it does, and they've charged you, ask for your money back as this most certainly isn't a statutory fine or charge.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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We have received a collection letter (attached)

 

Seems like standard procedure, and DRP are acting only as an agent as they say they are acting on behalf of their client.

So as as I can understand they can not do anything really, correct?

Also the credit rating can only be impacted in case a court case is lost and then not paid in time, correct?

 

@DragonFly1967, I went through the document several time, but that is the only relevant part to this discussion

 

Motoring offences including speeding fines

It’s your responsibility to pay all fines for motoring offences,

including parking fines, bus lane contraventions, and failure to pay a congestion charge and toll charges.

This applies regardless of whether you are driving on business or private use.

 

The supplier will give the issuer of the fine your name and address if requested.

The supplier will charge you an administration fee for acting on your behalf.

You pay this fee directly to them, which will be non refundable.

 

In the event you successfully appeal a fine, the charge for the administration fee will be reviewed.

 

@Homer67, is there any way to find that out without asking directly?

DRP.jpg

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good lease says nowt about speculative invoices then

and yes you ignore the powerless dca.

 

but never a letter of claim

or a claimform from northants bulk court

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... 

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DRP have less power than your electric razor when it is switched off so you can safely ignore anything from them.

Yes you are correct that if you lose in Court you have a month to pay any fine imposed which will prevent a CCJ against your name.

 

If your hire company haven't asked you to pay their usually over inflated admin charge then they may have added the sum to your monthly direct debit. There is always a possibility especially if you are coming to the end of your hire term that they may try and lose it among your final closing figure.

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Yes you are correct that if you lose in Court you have a month to pay any fine imposed

 

sorry FINE...:-x

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... 

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Yes you are correct that if you lose in Court you have a month to pay any fine imposed

 

sorry FINE...:-x

 

There, there, he didn't mean it. Calm down :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Glad to see you have retained your sense of humour.

 

Behave, that was surgically removed when dx joined the site team :whoo:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 5 months later...
yep ignore

until/unless you get a letter of claim or before action

or a court claimform [very doubtful]

 

 

 

Hi all,

 

 

Hoping one of you can clear something up for me on this thread.

I didn't want to open a new thread, but am in exactly the same position as the OP here, having received a fine from the same parking company at the same place.

 

 

@dx100uk - you say to ignore the letter as they can't prove who the driver is - is that correct?

But the pop up when I hover over "ignore" says ignoring is not the best response.

 

 

So little confused as to whether to actually ignore. (hope that makes sense)

 

 

Or should I reply with the boilerplate:

Any advice appreciated.

thanks!

 

1. It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2. It is denied that the Defendant was driving when parked in [carpark] at the times mentioned in the Particulars. The Claimant is put to strict proof of the same.

 

3. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 

4. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.

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where does anything you have from them say FINE?

 

start a new thread

and fill out our sticky with the required details.

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... 

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Welcome to the Forum.

Had you read all this thread you would have understood the subtleties in the use of the word "fine". You have not been fined you have received a

dubious highly speculative invoice. Only Courts can fine you.

 

The reason we advise you to ignore these invoices is that often when writing to a parking company the keeper discloses in error that they were also the driver which makes it much easier to be sued as they now have confirmation of who was driving. They should not take the keeper to Court assuming that they were the driver as they will have their case thrown out straight away.

 

Also the boiler plate response you want to use is when the keeper has received a Letter before Action. I am assuming you are at a much earlier stage than that which is why we ask that you start a new thread. [interesting phraseology on point 2 though].

 

Once we know as many facts and mistakes made by the parking company we could suggest that you write to them then

rubbishing their invoice and hoping that they will see that they have no chance of getting any money from you. Had you sent your letter to them they would think that you were an easy touch.

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