Jump to content


  • Tweets

  • Posts

    • Many many thanks for the reply.    I have already given them 7 days notice on 10th May. Which they have not responded too.    If I sue at the registered address (likely to be accountant) and I win and they don't pay,  how would baliffs be able to collect, as their stock is at a home address?   Best wishes 
    • Well I'll deal with the questions as well I can. Normally speaking you would be required to give 14 days notice. This is a protocol and so it's not completely fixed. I would suggest that you at least give seven days' notice so if you give notice today by email then it would be reasonable in the circumstances to begin an action next Monday. I will explain in the email why you are shortening the normal period of notice and also point out to the fact that he has been uncooperative so far whereas the circumstances are extremely clear and your rights under the consumer rights act are extremely clear. I don't know any way that the case could be expedited – but certainly when you receive the directions questionnaire then you should explain to the judge at that point the urgency of the situation. You will have to put some amount so if I were you I would estimate the maximum amount of likely damages and then claim for a figure "not exceeding £XXX". Of course that will mean that you will be paying a higher claim fee. You could explain in your letter of claim that this is what you will be doing and why you're doing it. You don't need to put a lot of detail at this point. Have a look at that and see if it sums up your case correctly. Sue them at the registered address. Get all information you can from the mechanic including photographs et cetera. Also get your independent report. You were not needed at this point to issue the claim but it will be extremely helpful later on. You will be able to claim for the cost of this as well.  
    • A complaint 12 Months after the event.....................   Complaints about GP's are taken very seriously. Its not surprising he wouldn't want to see you alone, maybe with a chaperone, but not alone.   So you intend to complain again................................   You had best be careful or the Practice will strike you off and then you might be stuck. Just see another GP at the same Practice and move on.   H
    • Good Afternoon all.   Please forgive my naivety, this is my first post and I would really appreciate some advice.    I purchased a Ford Ranger 2015 plate from Ron Whites Trade Cars in Wakefield on 18th Feb this year. I paid £6,700 on debit card and was given £4000 trade in for my 2010 Nissan Navara, so £10,700 in total. Inclusive of 6 months 3rd party warranty.   I had recently been diagnosed with secondary cancer in my bones (including spine which affects my mobility) and needed a reliable vehicle to travel to and from hospital of which I made him aware of. Also that I have several dogs and horses and therefore needed a pick up.  My dear Dad helped me with the cost of the car.    At my request, he put a new MOT on it and I collected it a few days later.    On Thursday 9th May, having driven no more than 500 miles from collection,  I was driving at about 45 MPH, when I was approaching a 30 MPH zone and a busy crossroads, and went to apply the brakes. The brakes failed (as in nothing at all) and I had to slow the car through the gears and apply the handbrake narrowly missing several cars.  I can't tell you how frightening it was, and I have been scared driving since.    I called Ron Whites Trade cars ltd and spoke to the dealer.  He told me to call the warranty company. Which I did. They advised me to call a tow truck and tow to a VAT registered non-main dealer.    The warranty company - clearly not worth the paper it is written on - said I need to show full service history. I realised then (my bad) that it never came with FSH, despite the advert declaring that it did. I have screen shots of the advert that verify this.   The garage where it was towed to called me the next day and asked how long I had had it. I explained not long. Their head mechanic said an unaligned fitted part - fitted prior to purchase (vacuum pump to brake servo?) has caused the damage and it was likely to be a very large bill. He advised me to call the dealer and under the CRA 2015 ask him to repair it or reject it.    I called him back and without going into details - he refused to help. The mechanic from where it is currently sat also had several conversations with him. Apparently the dealer became quite threatening and abusive.  The mechanic advised him to come and collect the car and repair it as he should do under CRA 2015. The conversation ended with the dealer telling him to just fix it and bill me.    I emailed and sent a recorded letter on 10th May, advising them to collect the vehicle and repair it or pay the garage where it currently stands or I shall take legal action.    I heard nothing.   I am now going to authorise the garage to carry out the repairs and will be seeking costs through the small claims court.  I have researched the company and they have a large selection of vehicles, last assets were recorded at just under £600k.  Most of the stock is stored at the Director's home address. Which is where I purchased the car from. Although the receipt states Ron White Trade Cars Ltd.    I desperately need the vehicle and although I have an old Peugeout 106 as a loan car - I can't possible carry out my hobbies and usual daily life in it.   My poor Dad is lending me the money to repair it.    My questions are:  A) Can I start the small claims process now? The reason is that I have a DS1500 form - which basically means I may have less than six months to live - but hopefully more! Could the case be expedited in order I can settle things sooner for obvious reasons?  B) Do I sent another email/text advising that tomorrow I will start the claim? B) I have no idea what the total bill will be until the car is fixed - so do I claim an 'undisclosed amount?' C) What wording do I put on the form - what detail should I absolutely not miss out?  D) The registered address on Company House is that of an office elsewhere. I assume the accountants address. I collected the car from his home address (approximately 30 other cars were there) so can I send the court papers to this address? E) Who do I put on the papers? Ie Ron White trade cars ltd. Or the director I dealt with (of which there are 3)  F) I have been advised to get an independent report - but this is going to delay the process even further. The mechanic has advised he will take photos and written evidence. Would this suffice before a judge?    I'm very grateful to anyone who has read this, and apologise for such a long post.  Many thanks         
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
DG_123

Indigo Park Solutions PCN due to car reg error

Recommended Posts

Hi.

I had a problem with a PCN from Indigo a few years ago and received excellent advice from here to "sit tight". Was successful. Thanks. However, we now have another similar case and someone told me that recent case law has changed things, so I wanted to check that sitting tight is still the right course of action.

 

My wife parked at a Southern Railway station car park recently and used the automated phone response service to pay for a day's parking. Unfortunately, the regstration number used on the automated system was incorrect - one letter was accidently missed off. There was no windscreen ticket, so I assume control was by CCTV. We have now received a PCN from the PCN Admin Centre (29 days after the event) acting on behalf of Indigo requesting payment of £100. It's a "penalty notice by post notice to owner" quoting byelaw 14. In the time between the incident and receiving the notice she has parked there twice more, so I assume we will receive more notices in respect of these dates.

 

So, should we just sit tight? Would it be better to write to Indigo explaining what the mistake was? They could check their records and see that they did receive payment each time. Also, I don't think the registration number used actually exists.

 

Thanks for your help.

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites

Read any byelaw 14 thread here

Use the search CAG box of the top red toolbar


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

If you have proof of payment then they're going to be laughed out of court IMO.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

HOW DO I START A NEW THREAD?

 

 

 

Share this post


Link to post
Share on other sites

Easy victory. You paid, they lost no money, end of.

 

Even if you had done something naughty (which you didn't) under the bye-laws you should be taken to the magistrates' court, not asked to pay money to some private company. I see the idiots even mention the bye-laws!!!

 

I would guess the experts will advise to ignore any drivel the send you, unless you get a letter before claim or court papers.

Share this post


Link to post
Share on other sites

Thanks, FTMDave. Do you think i should wrte to let them know how the error occured? At the moment they don't know that we paid with the incorrect registration number, so it is reasonable for them to assume we did not pay.

 

dx100uk, Thanks for your rapid reply.

 

Does that mean that advice re Byelaw 14 has not changed since 2016?

 

As mentioned in my OP,

I was familiar with it a few years ago but had been told that case law had recently changed it.

 

Also,

is there any reason why we should not let Indigo know that we had actually paid the parking fee and identify the erroneous registration number so they can link it up themselves?

Edited by dx100uk
merge/tidy

Share this post


Link to post
Share on other sites

there never has been any change regarding speculative invoices and byelaw 14..FTMD sums it up perfectly..

 

the fact their ANPR system is so crap it cant realise xx cars went in and paid and xx cars came out , one hadn't paid but a car reg was paid by someone that didnt even park there in their eyes ….is their problem not yours.

 

await the letter of/before claim.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

dx100uk, Thanks

Share this post


Link to post
Share on other sites
However, we now have another similar case and someone told me that recent case law has changed things, so I wanted to check that sitting tight is still the right course of action.

 

 

As others have posted there hasn't been recent case law about Railway Byelaw 14. What your friend probably had in mind was the Parking Eye -v- Beavis decision in the Supreme Court in 2015. Very important when dealing with private parking companies generally but not directly relevant to Byelaw 14.

 

https://www.parkingcowboys.co.uk/parkingeye-vs-beavis/

Share this post


Link to post
Share on other sites

The beavis case has absolutely nothing to do with this case although it is a very interesting read.

 

The simple facts are that this is railway property and byelaw 14 controls what 'offences' are committed. There is a gulf of difference between what Indigo can think they are allowed to do and what they can actually do which is nothing. They cannot take court action. There is no leave for the motorist to appeal to an independent body so the only option is to ignore them.

 

They do not want you to be taken to court as they don't see the money; the Government does which is why they want you to pay them before any further action.


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

Share this post


Link to post
Share on other sites

I wouldnt bother telling them they are wrong, they only earn money by sendng out these demands so they arent going to suddenly start being honest and reasonable because you have twigged that the demand isnt actually lawful. let them waste their money sending out letters.

Share this post


Link to post
Share on other sites

Thanks, ericsbrother and silverfox1961

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...