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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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      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.  

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    • 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.

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      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
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Parcelforce Global Express


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Hi,

 

This is an issue I'm having with Parcelforce at work. We had a package that we needed to ship from the UK to Belgium on a next day service. This was originally booked in for collection from our offices on 18th December last year, and the package didn't eventually arrive until 27th December (it may have been the 28th, but the tracking information is still not updated).

 

I complained to Parcelforce over the phone because I had performed due diligence in searching for the best shipping service and our parcel hadn't arrived next day. The tracking information hadn't been updated either, which was contrary to their statement that they offer a fully tracked service. The service I selected was Parcelforce Global Express service. I was told over the phone that it wasn't a next day service and that they only quote "from" next working day. If I'm honest I was quite shocked I'd been caught out like that, and amazed that it would appear as though a company the size of Parceforce would intimate they're offering a speedy service and use wording to absolve themselves of any responsibility if the shipment was delayed. They also confirmed that they had in fact farmed it out to Fedex - Personally I think that if a company is masquerading as a shipping company they should be upfront about using third parties as this would naturally play a part in altering my business decision to use them as a company or not. For instance had I known they were using a third party and the delivery date was not guaranteed at all, and that they don't in fact offer a fully tracked service I would have not chosen to use them.

 

I was advised to send a mail to [email protected] (I don't even believe this is a true e-mail address as it sounds like something they would give out to get rid of customers). E-mailed it a couple of times with my complaint. Had no response, and finally settled on raising a dispute with Resolver.

 

To their credit, they did respond quite quickly. The first paragraph of their response outlined that "most" shipping companies describe their services as "from" but they offered me 50% refund. I went back to them to push our case for a full refund, and they then responded with the most astonishing thing I've ever heard - I disagreed with their earlier comment that most companies describe their shipping services as "from" and listed a few companies that did offer guaranteed services. Their response was that I was mistaken and confusing carriers and couriers.

 

I believe what Parceforce are saying is that they are a carrier and the other companies I used as examples are couriers.

 

My question would be - What is the difference? From looking on line, all I can find is that a carrier collects lots of parcels and delivers them all on one van. Whereas a courier collects your parcel on a given date and delivers direct to the delivery point?

 

That's where I get confused because if Parcelforce are saying they are a carrier, the delivery service I selected was a pickup service delivered to my delivery address. Surely that puts them half in the carrier camp?

 

Personally I find their response in arguing over semantics and terminologies to be quite laughable for such a company, because as a layman how am I supposed to be aware that they are a carrier, and what the difference is between the two? If someone selects a global fully tracked express service with collection from our door, surely it would be reasonable of me to expect that they would provide that sort of service?

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