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    • Hi there I was hoping for some advice.   Last year I hired a kitchen fitter to fit my kitchen. I paid him £100 deposit and he began the work. I left the country on holiday and my dad was unhappy with the quality. He’d rushed and some screws had left marks on the other side of the wood, he’d put some draw runners in upside down and in the wrong place. My dad asked him to assemble a drawer as proof of skill. The fitter did this and then declined to continue the job, citing humiliation / embarrassment and not wanting to continue. At this point they had assembled half of the carcasses (kitchen units) in half a day and left.   He said he wanted a further £150 to match his day rate for the work he did and as per his T&C’s (see below). I’ve refused on the grounds of insufficient care and skill.   This is now going to mediation with the possibility of it going further. He claims if it goes further he will go for the full amount of the job as per T&C’s of a further £850. I feel £100 is a fair amount for the work he did and don’t want to pay anymore.   Furthermore, our initial conversation over Facebook he stated the job would be “£950. £850 if the carcasses don’t need doing” this would suggest, to me anyway, that he values the carcasses being made is worth £100, which he has been paid, even though he and his employee did half.   Where would this likely go if it couldn’t be solved with mediation?   What is the likelihood this would be ruled in my favour?   And how much chance does he have of getting a further £850 for one days work after initially asking for £150?!   His T&C’s do state that “if work is then fully stopped due to a disagreement no deposit will be refunded and seek £250 for the stop of work” is that even legal? As well as his suggestion the work done was worth £100   Thanks in advance.
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    • Yes, to CEL, using snail mail again, again getting a free Certificate of Posting.  How about something like:   "Dear Ashley,   Re: PCN no. XXXXX   cheers for your LBA.   If you'd bothered to look at the photos of the vehicle in question you'd have seen the registration number is XXXXX.  I have never owned or driven such a vehicle.   The £9.99 ANPR cameras you buy second hand on eBay have confused this registration number with my vehicle XXXXX and as you're too bone idle to do any checking my time has been wasted sorting out your incompetence.   If you want to take me to court regarding a vehicle you know full well isn't even mine then fine, go for it, I'll enjoy thrashing you and claiming unreasonable behaviour costs under CPR27.14(2)(g)".   However, hang on for 24 hours to see what others think, there are Caggers who have years & years of experience with CEL.
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    • Thank you, I agree there should have been an application sent out.  It might be in the post but this is too late, technically court should be communicating by email now.   I will have to email the court as phone line is not an option.
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      I was in Sainsbury’s today and did scan and shop.
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Fife Fellow

ANPR PCN - Nicol Street, Kirkcaldy Scotland - Demand Before Court Action - Pollock Fairbridge Schiavone solicitors

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Hi all,

 

Background - after a boozy Christmas pub-crawl in Kirkcaldy with friends my wife came to get me in my car to kindly pour me home. :-)

 

 

Weeks later I got a letter (as the registered keeper of my car) advising that it was parked in a private car park (Nicol Street, Kirkcaldy) at 7.41pm on 27th December and asking me for £160! (£100 fine and £60 "debt collection fee"). This was the first contact and the car never got a ticket as it was at night and over the Christmas holidays and dark - my wife and I were unaware that this was a private car park and she was only there to collect me.

 

I ignored it.

 

Today I received a Demand Before Court Action letter for £160 - only the 2nd bit of correspondence and some 6 and a half months after "the event". They are using Pollock Fairbridge Schiavone solicitors and stating their clients "have not heard from you (me) regarding payment".  I'm the owner of the car but not the driver who put it there so I have indeed never contacted them.

 

Am I correct in thinking:

a) I am under no obligation as the Registered Keeper to respond?

b) I am not required to respond as the driver technically commits the offence, not the car?

c) I am under no obligation to disclose who was driving?

d) They have no right to get my details from the DVLA?

e) The Protection of Freedom Act 2012 does not apply in Scotland?

f) As a one-off event where no damage was made trespass on this land is not appropriate?

 

Do I continue to ignore this?

 

Thanks in advance for any advice.

 

 

 

 

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you are in Scotland 

there is no such thing as trespass not POFA.

 

ignore them.

 

and IT IS NOT A FINE

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Now in scotland there is no keeper liability so accessing the DVLA database to get the keeper details is more likely than not unlawful.

 

No such thing as trespass so they have to prove that the driver agreed to the contract offered and then breached it.

 

Usually we say to ignore but as you have a letter before claim it is worth responding.

 

I would say the following:

Dear sirs,

Please tell your clients that I was not the driver at the time so there is no cause for action against me.

Furthermore the processing  and retention of my personal data without a keeper liability and my permission is unlawful under the GDPR so if your client wishes to continue with this lost cause then I will sue them for damages for the breach of the GDPR as per VCS v Phillip, Liverpool CC dec 2016.

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