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    • If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.   If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).   See if that works.   You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.     *My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.
    • And they haven't offered a speed awareness course either?  (Have you done one in the last three years or is this in Scotland?)   And is one of the notices for 34 in a 30?  As Man in the Middle says, that ought to be below the level at which they take action.   (And sorry - I don't want to appear preachy - but...  there don't have to be any warnings or signs or lines on the road to advise you of the presence of speed cameras.  If you get away with an exceptional hardship argument you will need to stick to speed limits in future - whether you know there are cameras there or not.  NB Don't know if this applies to you, but most 30 mph limits are restricted roads with a system of streetlighting and don't even need speed limit signs - you are assumed to know this from the Highway Code).
    • It's up to you if you want to pay £300 you don't owe plus whatever Unicorn Food Tax with no basis in law whatsoever that they will have made up in the Letter Before Claim.   We'd prefer you didn't.   But you have received a LBC so it's make your mind up time.   So please    - post up photos of the signage in the dark that you'll have taken two months ago (post 14)    - post up details of planning permission for their signs you'll have found out after you got onto the council, again two months ago (again post 14)    - also let us know if you agree with Brassnecked's excellent letter or if you'd like to tweak bits depending on what you've found out    - upload the LBC.  Some of them are appallingly drafted and invariably contain Unicorn Food Tax which is all useful extra ammo    - also, where are you living now (post 35) and are you comfortable with legal communications arriving at your parents'?   If you look in our PPC Successes thread at the top of the page, you will see 275 times these cheats have been seen off with their tails between their legs (and all had the same "well known legal companies" (ho! ho!) on hand).  In reality 275 times is a massive underestimate, in all 275 cases there was a "moment of victory" IYSWIM where the PPC were thrashed in court or discontinued a claim or were called off by a supermarket chain, etc., etc.  There will have been at least that number again where they were told to Foxtrot Oscar and then crawled back under their stone.  They are eminently beatable but logically when you're in legal dispute you have to put some graft in to beat the other party.
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@curryspcworld @TeamKnowhowUK refused to honour purchase


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2 places never to go with any complaint resolver and CAB!!!

https://www.consumeractiongroup.co.uk/topic/413250-currys-pc-world-amp-knowhow-whatever-happens/page/2/#comments  

Thanks. I’ll post the defence here when I receive it.

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Another mistake by Currys!!!

 

How much do you need to bring you up to your expected value?

 

By the way, the fact that they have now reneged on their £2000 offer in my  view that the without prejudice protection that claimed for it, now fails.

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I claimed £641, but £100 is lost in eBay voucher code so really it is £541. Currys offered £200 so another £341. 

 

It’s probably reasonable to accept the offer to save the trouble of having to prepare for evidence/documents etc. I wonder if the offer is negotiable. 

DSG offer .pdf

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The only way you will negotiate is by refusing it and paying the hearing fee.

 

I think that your claim is entirely winnable but it is you who will have to calculate the risks

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Alright I will take your advice and reject the offer. Is this a reasonable response then?

 

 

Thank you for your letter of 11th December 2019.

 

I'm writing to reject your revised without prejudice offer. I am afraid it hasn’t met my expectation.

 

If I don’t hear again from you I shall proceed to pay the hearing fee on the 13th December 2019 and we will proceed to court for trial on the 10th January 2020.

 

Yours faithfully,

 

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I'm not advising you to reject the offer or to accept it one way or the other. This is a decision that you have to make when you balance the risks.

for my part I think that you made a contract and you had a reasonable expectation of receiving a certain value and they breached the contract. As far as I'm concerned this gives you the right to bring an action with a good chance of success. On the other hand there are risks and you might decide that getting £200 over what you paid is a good result and let's face it it's not bad. However you didn't get the computer you wanted and if it was me I would be going for that. However, get the risk is yours to calculate and yours to take. The case is yours to win or yours to lose. You have to make up your own mind . I am not trying to advise you one way or the other I'm just trying to inform you as to what your position is.

if you stand by your ground and they decide to go to court then if you lose you risk losing your claim fee and your hearing fee. If you win then everything's fine. If you decide to pay the hearing fee then there is still a very good chance they will put their hands up. They've already offered you £200 so you're not so far away from it and of course they will have much greater costs defending the action then you will bring it because they will have to travel to your court and presumably pay a legal representative to go there. This will cost in far more than the money they are trying to save. But on the other hand they are brutally stupid and they don't consider these kinds of things.  Under the small claims rules even if they win they won't be able to recover the costs of legal representation from you.

you have to decide whether it is worth the punt to get £641 from them on one hand + your costs or on the other hand whether you are prepared to lose the claim fee and hearing fee.

also of course, it will probably be 4 or 5 months before the matter was heard and settled. But of course it might only be a week or two before they back down completely.

if you decide to go on then in my letter I would tell them that as they have reneged on their promise to pay you £2,000 without prejudice you now consider that they have lost the protection of the without prejudice offer and that you will be bringing that letter to the attention of the judge as well. Obviously this doesn't apply to the most recent offer which presumably has been made without prejudice

 

 

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