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    • Scotland doesnt have the POFA to allow the parking co's to create keeper liability and they also dont have the laws of trespass so basically you cant owe them anything. That is the simple version, the parking co is still entitled to offer and create contracts to park and that menas they are entitled to chase the driver for payment if that contract is broken Where that goes wronmg for them is they dont know the name and address of the driver at the time so they ask the DVLA. this is unlawful as it is a fishing expedition, not a reasonable cause and they know it but the DVLA doesnt care and the parking co's are greedy liars so you end up where you are now.   Now despite the fact they ahve no right to ask for anything from you as the keeper I would still recommend that you follow our normal routine fo getting pictures of the entrance to the car aprk and any signage there, any signs inside the car aprk that are different to the entrance sign and also a piccie of the blurb on the ticket machine if different to the wording on the signs. Post up here and we will advise you on whether they can create a contract in the first place, VCS dont bother trying to get the wording of the NTK right to create a keeper liability, they just lie on their court forms and other paperwork, aided and abetted by the owners of the IPC
    • now you mention a concierge at the block- now this can be  a deciding matter because if the concierce gave you permission or even failed to tell you that you couldnt park then that creates a new contract between you and the landowner that overrides the one the landowner has with the parking co. If they didnt intend to create now conditions the man on the door should have told you " you cant park there mate" and that would have been that so even silence is permissive. I would also bet that the wording of the siognage is very limited as to creating contract and big on prohibition so we need to see pictures of the signs so we are able to confirm y suspicion that this demand has no legs whatsoever..   Adding my tuppence worth on the merits of using other sites or not- The advice given  on different sites will often clash and that can cause problems whe trying to follow a procedure. I feel we do pretty well here and follow a path that suits most cases and our general advice on not appealing is correct in most cases and definitely true in all cases involving the IPC. If you want to shop around that is your choice but stick with one forum when you decide to ask for help or you will get confused as to what to do and when. Coupon-mad is an excellent  poster and is a good lay rep to boot but I find the rest of the forum where she posts is a bit slower on the uptake. Some of the facebook groups deal with POPLA appeals only and others try and get you to buy the services of their star posters to write for you when that shouldnt be necessary.
    • Yep. PayPal because of protection  
    • You could either go against the delivery company or you could go against the supplier of the fridge. Depends on which you feel is the easiest target. Arrow are in Wigan. Crampton and Moore are in Sheffield. They are both liable to you in contract. Crampton and Moore are liable to you because they are your direct contracting party. If you attacked Arrow, their first response is very likely to be that you don't have any contract with them and that your contract is with Crampton. However, you would be claiming third party rights on the basis of the Contracts (Rights of Third Parties) Act 1999 which gives you all the rights of a direct contracting party as long as you are clearly intended to be a beneficiary of the contract and you aren't expressly excluded by the contract between Arrow and Crampton and Moore. I think you will have to take your choice. Personally I would go for Crampton because I don't think they shouldn't be let off the hook and I think they should take responsibility for the delivery agents – so to a great extent it's a matter of principle for me. If you go after Arrow, then Crampton will get off Scott free. If you go after Crampton, then Crampton will go after Arrow – which means that they will both be held to account – but Crampton will do your dirty work for you. Have you had quotations for the repair to the doorframe et cetera? Whoever you decide to go for, I think you will have to be very methodical. If you decide to go for Crampton then I think that you should write to them and tell them that you reject their position that your issue is with their delivery agent Arrow. Tell them that you consider that you are contractually entitled to a delivery carried out properly and that this did not happen. That you expect reimbursement of all damage from them and that is then up to them to claim from Arrow with whom they have a contract. I would then put Crampton/arrow on notice that you will be getting independent assessments and quotations for repairs to the damage caused by their agent and that if these assessments and quotations cost you any money then you will be adding this to the value of the claim that you eventually bring against them. You should invite Crampton/Arrow to visit your property and to inspect the damage for themselves and that they can do this by appointment with you at any reasonable time. Tell them that you will keep them informed at all times including giving them advance notice of visits by your own inspectors and that you will provide them with all copies of assessments and quotations and that if they will not step up and shoulder their proper responsibility – you will have no hesitation in suing them in the County Court. If you decide to proceed against arrow then you should send them a similar message – suitably amended. Then you should set about organising the quotations. As soon as you have made appointments, you should send Crampton (or Arrow) and email telling them the date and time and identity of the inspector and the cost which has been talk to you. Invite them to make any objections but tell them that they are notice. You probably need to send in this email seven days before the date of the visit by the inspector. Then once you get an assessment and a quotation, send a copy of it immediately to whoever you are dealing with so that they are fully informed. The idea is to make sure that you are completely transparent – that you have done your utmost to involve Crampton at every step of the way and that you have given them every opportunity to object – or to carry out their own verification. In that way, if the matter goes to court, you will be able to show to a judge that you've acted reasonably and in utmost good faith at every step of the way and that Crampton/arrow were fully aware of everything you are doing and had an opportunity to comment. That lot for starters
    • Yes it seems to be. These were challenged in  appeals some years ago, because the term for Total Credit read "Limit" or some other . There were also other prescribed term issues, sadly it failed, and I dont think they have been challenged since.
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Elouisa

DVLA and unclaimed DD

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I have noticed that my DD to pay road tax to DVLA has not been claimed since February 2020. The DD is still active on my bank account but my car is now showing as untaxed on DVLA  website. Due to coronavirus I have been unable to contact DVLA by phone, email or webchat. Should I set up a new DD? Thanks in advance. 

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I think you should probably leave it – but I think you ought to get it in writing to DVLA very quickly that they have not claimed the money and you don't understand why not but it is still there for them to claim.

I think it's important to develop a paper trail. I don't quite understand why you can't contact them on email.


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If a Direct Debit payment fails

The Direct Debit account holder will get an email from DVLA if a payment fails because there is not enough money in the account.

DVLA will try to take the payment again within 4 working days. If that also fails, you’ll get an email telling you that:


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When I emailed I got a system generated acknowledgement from DVLA saying they are unable to respond to email due to high demand. So I  will write a letter to them.

 

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Are you definitely the registered keeper and do you have the V5C showing that you are the RK?

 

It can happen that you can set up a DD without being the RK, but if the DVLA do not have a RK recorded against the car when it comes time to renew, then the DD will not renew.

 

If the vehicle keeper does not have a V5C

Your Direct Debit will not automatically renew if there’s no vehicle keeper in DVLA’s records.

You can tell DVLA who the vehicle keeper is online.

If you do not get an email or letter when your vehicle tax runs out, you should contact DVLA

 

https://www.gov.uk/vehicle-tax-direct-debit/renewing

 

 

Could this have happened in your case?  It usually happens when you bought a car a year ago and set up a DD to tax it before you actually get the new V5C through.  You then either "forget" to get a new V5C, or you do try to get one, but it never comes through because your application has got lost, and you never chased it up.

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I think you are correct the DD did stop a year after we bought the car. Having checked with my partner we don't remember getting a V5. Thanks for your help 😀

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It crops up quite often.  People set up the initial DD ok and then expect it to renew automatically.  It won't if the DVLA don't have a RK.

 

I'm not sure how you put it right at the moment.  Tell them the RK online via the link or (try) to contact them because you haven't had a reminder?

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