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    • i doubt any say WILL do anything, until/unless you get a letter of claim, then you must respond with a snotty letter.   as for a section 10 complaint of harassment, it's not, the creditor/debtor argument has already been addressed in several court cases.   if you are getting text msgs report them as spam to 7726.
    • if course they are rest k's , sole debts, joint ownership. you don't have to negotiate nor tell them in most cases    interesting these fleecers have tried for an order of sale on a restriction K! ..really! what fleecers.   i question the wisdom of selling up if you like where you are just because of these debts...unless you have other debts.
    • I know what you mean by once you make one payment they think they have you!! I totally agree with you and in all honesty I have ignored the majority of them and they all went away this is the furthest a private parking ticket has gone so this is why I need the help now.    following questions....   1 The date of infringement? 05/04/2019 and 22/04/2019 (date of charge)   2 Have you yet appealed to the parking company yet? [Y/N?] No and No   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]   Has there been a response? N/a   Please AS A PDFFILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] I think so but not 100% sure    What date is on it? Not sure    Did the NTK provide photographic evidence? Not sure   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide]   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] Not sure   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] N/a   5 Who is the parking company? Parking Control Management (UK) Ltd   6. Where exactly [Carpark name and town] did you park? Romford, Essex (Residential Road)   thank you for your help   
    • Have you made it clear to the PCM company that you find their repeated contact demanding payment for an unsubstantiated speculative invoice harassing, have you sent them notice to cease and desist contacting you in this way?   You're in a bit a of a bind with this one as generally speaking the advice from this site is not to contact them and ignore all communication.   By contacting them to order them to cease and desist their method of communication as you consider it harassment you will be confirming they have the right details.   What lookinforinfo writes above is interesting, but I wonder at this stage if the learned would consider this is a relationship between a creditor and a debtor?   Wouldn't the speculative invoice and thus the debt have to be substantiated perhaps by court judgement before the PCM can claim to be a creditor in this case and thus have their communcation methods considered as reasonable steps.
    • I am assuming that you own a flat or house, leasehold, on this estate and your lease entitles you to park as long as you park in accordance with the rules decided by the management company, and the management company are authorised to act for the lessor. That might need to checked out at some point but it's what the management company seems to be saying in their 2019 letter when they refer to ".. per the covenants of the Estate...". Is that correct?   The management company (on behalf of the lessor) commonly has the power in the lease covenants to impose parking rules (again, needs checking) in which case I would argue that their letter 4 November 2019 is a formal notification to residents of a change of the parking rules. If UKPCM's signage is different to what the Estate parking rules are that's UKPCM's problem. They have no authority to enforce anything other than the management company's rules as notified to residents.    You can ignore the waffle in the letter about 'tickets will be issued at the parking warden's discretion'. That discretion is very limited and does not entitle the warden to invent new offences that are contrary to the management company's rules.   So in your opinon (you know the estate road layout, we don't) were you parked in compliance with the November 2019 letter, eg not blocking access?   I would write to managing agent asking them to intervene as UKPCM have issued you with a PCN in breach of the November 2019 letter. The management company can say 'nothing to do with us' as much as they like but ultimately they can't wash their hands of it. UKPCM are acting on behalf of the management comapny and the management comapny are accoutable for what UKPCM do. And the rules are decided by the management comapny not UKPCM.   As a matter of interest do you have a marked parking bay that's reserved for you? Were you parked in it?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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Jurisdiction of English courts when claiming against a non-EU airline operating a flight departing LHR?


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Hi there. I'll try to be as explicit as possible, and would very much appreciate some help regarding this matter.

 

I purchased a LHR-MEX (round trip) flight with the Mexican airline "Aeromexico". This flight was supposed to depart on 3rd Nov and return on the 12th of Dec. "Aeromexico" cancelled this flight in the beginning of October and, although I have tried to call them (sometimes even waiting for hours on the phone) to get a refund, they say that they will take 12 months to start processing them. 12 months -- not a typo.  

 

It is my understanding they should process refunds within 7 days as per EC No 261/2004, so I think I have a clear claim here. I issued a LBA in the middle of October and received no response.

 

I am now preparing to issue proceedings for the small claims track, but I should make two important disclaimers here:

 

1.- Although I am a legal resident in th UK, I am not a UK/EU citizen (I'm from Mexico) and,

2.- Although I purchased this flight here in the UK (through Aeromexico.com), I paid for this flight using a credit card from Mexico. In fact, it is because of this that I cannot issue a chargeback or invoke section 75, as these are not provisions that exist in my home country.

 

Looking at the fine print, my contract of carriage is with "Aerovias de Mexico S.A. de C.V.", which is a Mexican company headquartered in Mexico City. After perusing Companies House, I know for a fact that they have a UK Branch (https://find-and-update.company-information.service.gov.uk/company/FC031059), although the UK and the overseas company is "Aerovias de Mexico UK Branch" (slight difference, you'll appreciate).

 

Moreover, aeromexico.com has the following disclaimer in its T&C (but NOT in the contract of carriage, https://aeromexico.com/en-gb/legal-information):

Quote

 

Disputes

Any dispute whatsoever related to visits by users to or with the products acquired from aeromexico.com shall be submitted to confidential arbitration in Mexico City, Mexico, and the user accepts the exclusive jurisdiction of the court in force at the time of such proceedings. The arbitration judgment shall be obligatory for all parties and may be brought before any court with competent jurisdiction for the issue of a final judgment. To the greatest extent permitted by the corresponding legislation, no arbitration proceeding undertaken in accordance with this Agreement shall be connected to an arbitration proceeding related to another person subject hereto, whether through joint or separate arbitration proceedings.

 

 

Therefore, my question is:

 

Given the fact that (i) I'm not a UK/EU citizen, (ii) I paid with a credit card from Mexico and (iii) Aeromexico includes that disclaimer in its webpage... do I stand any chance if I submit a claim court? I am worried about Aeromexico trying to dismiss my claim in this technicality, arguing either that "Aerovias de Mexico UK Branch" is not "Aerovias de Mexico SA de CV" and/or that English courts do not have jurisdiction given this disclaimer forcing me to accept exclusive jurisdiction in Mexico and using a confidential arbitration process.

 

The only hope I have is that this is a flight departing from an UK airport, but I don't know if that's enough to assert that an English court has jurisdiction and those disclaimers cannot be enforced. 

 

Any help would be greatly appreciated. Thanks. 

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Well, I'll answer (i).  Your citizenship is irrelevant and you have every right to bring a case in an English court.  Wait for people more expert than me to come on for (ii) and (iii).

We could do with some help from you.

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Can you expand more on this Mexico Credit Card...is it a major branded card ....Mastercard/Visa ?

 

Andy

We could do with some help from you.

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3 hours ago, Andyorch said:

Can you expand more on this Mexico Credit Card...is it a major branded card ....Mastercard/Visa ?

 

Andy

 

Yes, it's a Visa card from a large mexican bank -- Santander Mexico. Much to my chagrin, Santander Mexico has refused to process a chargeback, indicating that according to Mexican law those are restricted to fraud (non-recognised transations) and not to instances of services not rendered. 

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Useful links....Mexico has its own version of Consumer Protection...this would have been lot more simple if you had used a UK Credit Card.....I wont ask why you have a Mexico Credit Card ...but I did enjoy Breaking Bad :-D

 

https://servicios.santander.com.mx/comprometidos/eng/practicas.php

 

https://iclg.com/practice-areas/consumer-protection-laws-and-regulations/mexico#

 

https://www.profeco.gob.mx/juridico/pdf/l_lfpc_06062006_ingles.pdf

 

https://www.angloinfo.com/blogs/mexico/mexico-city/cdmx-information-blog/consumer-law-in-mexico-what-are-your-rights/

We could do with some help from you.

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16 hours ago, Andyorch said:

Useful links....Mexico has its own version of Consumer Protection...this would have been lot more simple if you had used a UK Credit Card.....I wont ask why you have a Mexico Credit Card ...but I did enjoy Breaking Bad :-D

 


I know I should have used a UK Credit Card -- been banging my head against the wall since then. I did it because, well, that's where I'm from.

Nonetheless, I intend to pursue this in court and then claim that any forced arbitration agreement would violate The Unfair Terms in Consumer Contracts Regulations 1999.

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Have you spoken to Santander UK ?  Technically you made the purchase here in the UK...now irrespective of the CC being a Mexican Santander card the purchase was made from the UK and would of thought that there should still be some protection irrespective of which currency was deployed...and that it should still have the Visa International protection. 

 

Also I dont suppose you had any form of travel insurance or if Aeromexico are covered by Atol or similar ?

We could do with some help from you.

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22 minutes ago, Andyorch said:

Have you spoken to Santander UK ?  Technically you made the purchase here in the UK...now irrespective of the CC being a Mexican Santander card the purchase was made from the UK and would of thought that there should still be some protection irrespective of which currency was deployed...and that it should still have the Visa International protection. 

 

 

I could not get any insurance to cover this, due to the FCO travel advisories, and Aeromexico is not part of ATOL.

I guess I can try and contact Santander UK and see if something pans out.

Do you think my prospects at court would be bleak? 

Edited by altosbestos
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Bleak if your trying to sue someone in the UK at the moment....you must exhaust all avenues first...speak to Santander UK first and then possibly Visa or Mastercard as it now I understand they recently switched.

We could do with some help from you.

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On 12/11/2020 at 14:18, Andyorch said:

Bleak if your trying to sue someone in the UK at the moment....you must exhaust all avenues first...speak to Santander UK first and then possibly Visa or Mastercard as it now I understand they recently switched.

 

Andy, I managed to get Santander Mexico to start an "investigation" of the case, but they said it will take them 2 months to make a decision on whether they can get my money back or not. Clearly not a chargeback, as you see.

 

If Aeromexico fights this and eventually we go to court, I really do hope this will help me, because essentially I am letting Aeromexico enjoy my money for 2 extra months without any legal recourse... 

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Sounds promising...2 months is better than 12 months...but in the meantime try to converse with Santander UK and see if there any option through the UK arm.

We could do with some help from you.

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  • 2 months later...
On 13/11/2020 at 15:11, Andyorch said:

Sounds promising...2 months is better than 12 months...but in the meantime try to converse with Santander UK and see if there any option through the UK arm.

 

Andyorch, Santander Mexico has decided to issue a credit in my favour but it looks like Aeromexico might contest this "chargeback" with VISA, which will take 6 months and then there's a chance they can re-bill me.

 

Should I pre-emptively sue Aeromexico?

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You can't really legislate for what may or not happen....get the credit and then see what transpires.

 

Andy

We could do with some help from you.

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I've used money claim online to make a claim against Aeromexico UK branch for failure to provide a refund for cancelled flights. They have until mid-February to respond - will let you know how it goes.  

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25 minutes ago, bahbahman said:

I've used money claim online to make a claim against Aeromexico UK branch for failure to provide a refund for cancelled flights. They have until mid-February to respond - will let you know how it goes.  

 

Good, Aeromexico should pay what is duly owed. If you have questions or need help down the line, please don't hesitate to ask. Also, please do keep us updated! Precedent can be really valuable. 

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  • 2 weeks later...
5 hours ago, bahbahman said:

No reply - deadline was today. Have requested a judgement by default. 

 

@bahbahman That's very good. In due course, you should ask for High Court Bailiffs. Just make sure -beforehand- that they actually have something to seize in Heathrow.

 

Please keep us posted. 

 

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  • 3 weeks later...
On 15/02/2021 at 14:44, bahbahman said:

No reply - deadline was today. Have requested a judgement by default. 

 

Hey there...

 

Any luck obtaining the judgement and enforcing it with High Court officers? 

 

Very curious on this, as Aeromexico is contesting the chargeback and will likely end up in court. Thanks. 

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