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    • I received a Claim Form issued on 19 Jul 2021. The claimant is ParkingEye Limited.    The alleged offence took place on 22/10/2019. The particulars of claim read as follows:   "Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference xxxxxx/xxxxxx) issued on 25/10/2019. The signage clearly displayed throughput University Hospital of Wales, Cardiff - Staff 4, Heath Park, Cardiff, CF14 4XW states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and consitions, including auhotisation being required for parking, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle xxxxx entering and leaving the site on 22/10/2019, and parking without authorisation. Pursuant to Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach."   As they claim the PCN was issued in October 2019, I do not recall receiving anything in the post. I did receive a Final notice of Debt Recovery from dcbl, demanding £140. However, it had no reference on the letter so I just ignored it. I logged on to ParkingEye's portal to access photographic evidence and did not manage to find the complete PCN, however, there were just two pictures of the car with a time stamp (please see the attached files). I have copied the parking charge details from ParkingEye's website:   Parking charge details Parking Charge Reference: xxxxxx Vehicle Registration Number: xxxxxx Contravention date/time: 22/10/2019 19:41:52 Contravention location: University Hospital of Wales, Cardiff - Staff 4 Location address: Heath Park, Cardiff, CF14 4XW Stay duration: 0 hours 30 minutes Allowed duration: 0 hours 10 minutes Status: Open Outstanding balance: £155.00 (Please allow 24 hours after payment for it to be reflected on the balance)   I do not recall parking there, however I may have entered the car on multiple occasions on the day to turn the car around.   I visited the car park yesterday to take some pictures (please see the second attached file)   I have completed the AOS on moneyclaim.gov.uk   I am looking to file my defence based on the following points: The photographic evidence supplied by the claimant does not prove the car parked in the above mentioned car park. It just shows the front and the back of the car with two different time stamps. The notice which states that it is a staff car park is located right at the end of the car park, which is not noticeable as you approach the car park and the board seems fairly new to me, the claimant has not provided any proof to suggest that it was there when the alleged alleged offence took place? As they have allowed a 10 minute grace period, a £70 charge for 20 minutes is unreasonable.   Any advice would be much appreciated!! Thanks a lot. Parking Eye 2-converted.pdf 20210725_232345-converted_compressed.pdf
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    • Just need a bit of clarification on this. I run my own online business so I think I've got it right, but just good to have some clarification. I bought some items via ibidder auction site. Typically trade and liquidated items for sale there.  The items were men's fragrances and as I gather, auctioneers skip out of a load of the legal consumer right act jargon (from what I recall). Anyway. Several of these fragrances arrived smashed to bits. I logged it with the auction house with all photo's and evidence, and the staff responding even agreed with me that it was clearly damaged in transit.  Anyway, rather than refund me right away or ask me to return said damaged items to get a refund (as should happen right? After all, they pay insurance for their own benefit, to protect themselves as the sender), they put a claim in without refunding me. It's like they have been waiting for compensation to pay me, and if that didn't happen, it's no money for me.  To stop this getting long, the courier refused the claim because the items they sent were prohibited. Terms state anything made partly of wholly of glass won't be compensated and even so, fragrance rules is no more than 4 per parcel (they sent me around 10). Of course that's not my fault, they are responsible for shipment of goods and if they choose to cut corners, then regardless of it being trade lots, that's on them, not me. They've breached compensation terms of the courier and yet because of them not getting compensation, they wont give me my money back, even though they agreed from the evidence that items were clearly damaged in transit.  My thoughts on this (please tell me if I'm wrong): First port of call as they aren't forthcoming via emails is to put the pressure on them. Truthful bad reviews on sites like trustpilot will surely make them want to do the right thing? (That step is already done, by all means I'm happy to hear that I was wrong or it was stupid).   If that fails then it's down to an LBA, not just for the amount lost out on but also for loss of value of other items in the package (glass, liquid damage to those items reducing the value) and reasonable hours lost where instead of putting into my own business, I've been dealing with them.    The sum is low, some £50 or so. Yet it's the principal. I have to deal with customers day in, day out and if I cut corners by not fully insuring shipments, then it's me who takes the brunt and has to refund the customer anyway, so why should another businesses risk mean I've lost out? Thanks
    • both pages are in the earlier upload LFI   dx  
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Surface Pro 4 Known issue - advice


aj84
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Hi all,

 

Not sure if this is meant to be on the online retailers as it was bought from Microsoft online but the online area seem to be more for eBay and Paypal issues.

 

The issue at hand is this:

Early 2016 I purchased a Surface Pro 4 specced fairly high (i7/256gb ssd/16gb ram). On the whole, it's been ok - there have been the various bugs that MS have been fairly quick to resolve and overall what I wanted has been ticked - a tablet style laptop without all the restriction of performance.

 

Fast forward to December 2017 and the screen startedto play up. At this point I will say the laptop is in near new condition. It's always been in a case when "parked" and when used, it's on a desk at work in a non food/drink environment so not much to go wrong. And despite it being a tablet, I rarely actually use the touch screen functionality.

 

Issue with the screen is crazy flickering/shaking. I ignored it initially thinking it was software related but having done a full reinstall and drivers etc, it was still happening.

2 days ago, it got worse...to the point that it became unusable.

 

So I looked on the forums etc and to my suprise, it's become so well known, there is a dedicated website - no other than flickergate.com

Every single example on there is the same as mine and they claim around 1600+ customers have signed to say they suffer from it too.

 

The general consensus is it happens generally after the 12 month warranty MS supplies and is most likley heat related.

Sure enough mine has started to warm up a fair bit - especially the screen.

As this is a sealed unit, not much can be done to keep the fans clean apart from a blast of air but I suspect this is not the issue as the fans rarely kick in when the screen starts to flicker.

 

So why am I here?

Well it turned out I had purchased extended cover on this and so it will most likely be a swap out and everyones happy....or are they.

 

a large number of people have stated the replacement units are also doing this - some immediately and some after a while.

With the cover running out at the end of Feb, that does not leave me with confidence.

 

So given:

1. This is a known issue though MS refuse to accept this

2. A replacement in my case will be given but will most likely have the same issue either soon or later on in it's life

3. There is no current fix as this is hardware related and most likely to do with the design

 

What are the options?

Surface Pro's are not cheap and this was a £1500 unit + the cover at £150 - Am I looking at potential hell should the replacement die after March when the warranty ends?

 

PS: This was paid on credit card.

Appreciate there is the consumer rights especially as this was purchased after the consumer rights act was launched but surely this can't be the only way?

 

I'm not sure what I am asking for really - just advice on what one should do if the problem at hand has no fix and so this could be a vicious circle until warranty ends at which point I have a £1500 brick

 

Is there an option in law in the case of the above 3 points to not get a replacement but get a pay out instead? Obviously not the £1500 ...

 

Thanks all

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yes under cra they are allowed to repair it

if that fails that you are entitlted to a refund minus sum for time of ownership.

 

your credit card company are equally liable under section 75 of the CCA

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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Thanks dx100uk - when you say repair, I think Microsoft by default will replace the unit.

I assume this is counted as a repair too - ie: should the replacement fail in x days/months, can I still claim a refund - sum of time of ownership?

 

Also how long would one expect a repair/replacement to last before the above can be actioned?

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when/if it fails.

you will still be covered by CRA

 

warranties/guarantee has NOWT to do with anything

doesn't remove your statutory rights under CRA/SOGA [WAS]

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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Yup- it is indeed a replacement but confirmed by Microsoft, a refurbished unit.

As MS are not accepting the 1600+ customers on flickergate.com and 130 pages of complaints on their own forum: https://answers.microsoft.com/en-us/surface/forum/surfpro4-surfdrivers/surface-pro-4-screen-flickering-shacking/570165cb-50a0-4d71-bcb1-310ddd869d1d?messageId=31e1df1d-0a1a-4c96-9ed5-f1b71b880d12

 

The refurb unit will most likely face the same issue sooner or later - most likely once the warranty is over.

 

Currently as it stands:

Credit card has £1400 being held by Microsoft for an "advanced replacement service"

My current unit is now unusable and has been since the 18th

The replacement unit is somewhere in the UPS network because Microsoft gave them the wrong postcode (one that is 50 miles away) despite the correct one being the same one the original unit was posted to when I purchased it.

 

Why do we trust our hard earned cash with these companies!?

 

Most likely assuming the replacement is functional, I will sell it - I am moments from purchasing a Dell - a company I've had a few issues with in the past but nothing that did not get sorted wiith common-sense prevailing.

Microsoft I feel will not resolve this because as it stands, they will not accept what is clearly becoming an epidemic with Surface 4 units.

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