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    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
    • Developing computer games can be wildly expensive so some hope that AI can cut the cost.View the full article
    • means nothing. just trying to kid people its going up some kind of chain. get reading a good few threads here each day. dx  
    • also do an OC2 https://www.consumeractiongroup.co.uk/topic/256744-welcome-secured-loan-sold-to-coast/?do=findComment&comment=4917128  
    • ok  from the infamous cruzhughes mammoth welcome thread i remembered. https://www.consumeractiongroup.co.uk/topic/394686-welcome-secured-loanscharge-sold-to-alphaprime-repo-received-claim-dismissed/?do=findComment&comment=5009109 prime credit 5 was a luvy co. along with alpha credit 5 their uk portal was thru prime credit,  loans were administered on their behalf by Acenden, Acenden are Part of the Kensington Group. ultimately these were mostly all sold to Coast  Prime_28th_Aug.pdf
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Considering legal action for harrassment against Excel parking Services


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To my (limited) knowledge, courts set a high bar for harassment.

 

However, we're well aware of the antics of Simple Simon, owner of Excel and VCS.

 

CASE 3 worries me a bit.  You haven't moved during these four years have you?  Is there any chance of you not having received court papers and then a backdoor CCJ being issued?

 

If you send Simon a SAR he will have a statutory duty to come clean with all the info. his horrible company has on you, and will be in hot water if he doesn't comply. 

 

 

Edited by FTMDave
Usual typo!

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I understand you think these cases are connected (they are, they all involve you!) and that Excel are harassing you, the problem would be proving it in court as VCS would argue they administer the car parks where your vehicle was parked and had every right to take action.

 

CASE 1  Done & dusted, you saw them off, well done.

 

CASE 2  I agree with lookinforinfo.  If they actually sued you when you had a ticket showing then that is a very serious GDPR breach.  If you want to go down the road of suing them, please start a new thread and give us more details of what went on, with the important documentation redacted & uploaded.

 

CASE 3  Yes, I understand it's at the stage of awaiting court allocation.  However the mention of a CCJ made me & lookinforinfo be concerned that there may be a case 5 and Excel have sued and won by default at a previous address.  Can you rule this out?  As I said above, you should send Excel a SAR.  It's free, it will annoy them, they will have to do some work and if they breach their statutory duty then that's something else you could sue them for.  If you want help with this case (although you seem to have a superb record of beating Simon!) please again start a new thread.

 

CASE 4  So was your car actually in the car park but bone idle Simple Simon has sent the wrong photo, or is it  case of licence cloning?  If the latter Homer is spot on, if the former then again we would be pleased to help if you give more details in a separate thread.

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  • 1 year later...

You say you started legal action against EPS.  Who are EPS?

We could do with some help from you.

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Well if you started legal action against Excel and the judge kicked the case out then sadly the matter is over.

We could do with some help from you.

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  • dx100uk changed the title to Considering legal action for harrassment against Excel parking Services
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