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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Crown Motors Direct / Eden Motor Company - stupidly not done enough research before purchasing a vehicle from this garage.


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Can anyone help me... I have stupidly not done enough research before purchasing a vehicle from this garage.

 

Bought in a rush before lockdown, on Sunday 1st nov due to being the only person in my auntie’s support bubble, she lives in Beckenham, me in Essex. 
 

Paid £5700 in full on my visa debit card in full, my entire savings.

 

having drove just over 100 miles, car stopped and didn’t start, placing me my mother and daughter in serious danger, thankfully passers by helped and my mother called rac, who towed car to my mother’s in Dartford, we have to get a taxi home, over £100.

 

I have been liaising with someone from motorcomplaints direct who has refused to collect the vehicle, and refuses to give me a refund unless I return the car which won’t move.

 

any advice on what I should do next?

 

i have incurred so many costs as a result.

 

thank you in advance


 

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Thank you soooo much for replying...

 

www.motorcomplaint.com


i paid for the car at the garage with my visa debit whilst there.


the vehicle is at my disabled mother’s where the rac returned the vehicle, I had offered to have the car returned when it broke down, but they said no one would be there to receive the car, this was the following day.

 

hope that helps and thank you so much for any help advice you can provide.

 

attached is a screenshot of what was offered as resolve, I refused and they said they can’t help anymore, and have ignored me since.

 

 

 

 

 

F6FF22A1-B394-4C87-A43F-C7DF22E07704.png

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Thank you.. I have no idea how to use this website, can’t thank you enough for your help, I’m in a pretty dire situation.

 

I bought the car with the understanding the vehicle had a full year’s motor, had been as inspected, and had full service history.  The salesperson explained he could not find the paperwork or the 2 key for the car it was drawing close to 5pm on a Sunday and as there was a logbook and key, it was agreed I would return to have a back light replaced that had a small crack which had been ordered in.. where I desperately needed a car, and the whole set up appeared genuine.. I didn’t even question it all.

 

117 miles the car stopped and won’t start again, the rac couldn’t get it started so towed it to my mums, so is parked in a residential street, the fault report suggests something is wrong with the gearbox however the mechanic suspected starter motor could be stopping the vehicle from starting.. 

Thank you 

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1 hour ago, BankFodder said:

Oh, I thought that maybe it was the replacement which had been offered

Thank you so much I will give the police a call now, to get a crime reference number.

I live in Essex, 72 miles from the garage.

 

 

 

DB530B99-38EE-41E2-9B71-8BFF1C043B2E.png

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A great big thank you to everyone on this thread for your prompt advice regarding this horrible situation, I can't believe I have fallen victim to this, when there is so much information on the web about these crooks, I can't help feeling like a total idiot, the urgency of having a car so that I could care for my auntie during lockdown, led to me bypassing all steps to protect myself, I can't believe that companies like this are allow to continue trading... A big lesson learned for me, not only am I hell bent on getting my hard earned money back, if I can help anyone else falling into the same trap, then I will do what I can.

 

What is humbling, is finding this amazing help and support... When I literally did not know where to turn.  I cannot thank all who have contributed to this thread enough.. The history provided by you all and the communication I have over the last week, I feel should be more than adequate to bring forward the 14 days to 7, as this is obviously a fraud vs genuine sale of a vehicle.

 

I have just asked my mum to go outside and take pictures of the car and will post them up when received.

 

Again, thank you, and I will keep you updated. 

Edited by Merc2020
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Good evening all... and thank you for the tip RudeDog13, I am just about to write an email to the directors of both company's directly connected, CMD Ltd & Automotive Vehicle Brokers Limited, so will use my new understanding of what and whom I am dealing with in a last bid attempt to persuade the garage to be honourable, for a change.

 

You were right about the police, I spent some time on the phone explaining the situation, as predicted at this point in time they did not feel that it was something that the police would get involved in as it was a civil matter, however the policeman looked up the garage and I explained about the daily mail article, and the consumer group, he assured me he would attempt to submit the info as intelligence for now.

 

A matter that even he couldn't help me with was, who is responsible for taxing and insuring the vehicle.  At present it is where the RAC left it on a residential street, I had tax and insured the vehicle on the day I purchased the car, and have continue to do so.  However this feels unfair.  The policeman advised to contact the DVLA in the morning and see what they say.

 

I need to insure another car as I desperately need to get to my aunties this week, I can't sustain the costs otherwise.  If the vehicle was towed away due to not being taxed or insurance who would be responsible for the penalties?

 

Reported on actionfraud.police.uk and have a crime number, I have also spent the time getting all the documentation in order, so I can speak to my bank to trigger the chargeback process if my final request for a refund falls on deaf ears.

 

Glad the daily mail have been made aware, I am more than happy send them the details if it helps.

 

One of this interesting things I found today was that there are many companies registered at the same address 47 - 49 Park Royal Road, many were dissolved, many active... not sure if this is some kind of industrial estate, so multiple co's could trade from the same address, or whether linked companies... I will investigate further when time permits.

 

Will keep you all posted with the developments and thanks again, I feel much better for having a clear understanding of the situation I am in, your help and advice is very much appreciated.

 

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