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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tried returning faulty Freezer repeatedly, Seller gone bust.


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Hi all:

  • Bought Freezer from Amazon in Jan 2020
  • February 2020 it developed a fault and was told by seller (Idealkit) to chase manufacturer.
  • Lots of emails between then and late last year, including Amazon who kept 'filing an A-Z' claim but never concluded they could help.
  • Seller gone bust.

 

Is there anything I can do here, please?

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How did you pay?

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Thanks. Is there any particular reason why you left it so long to deal with it? A bit late now but if you had dealt with it in the first 120 days, you might have been able to take advantage of the chargeback scheme.

What exactly is wrong with it? Does it not work altogether?

If the retailer has gone bust then there may be very little you can do.

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Thanks. Is there any particular reason why you left it so long to deal with it? A bit late now but if you had dealt with it in the first 120 days, you might have been able to take advantage of the chargeback scheme.

The best way I can answer this, which will be the case for some other threads I will start in due course where I would liked to have done something about it at the time / when it would have been advantageous, is this - I have had a LOT of sh*t going on this last two to three years. However, I am now making good ground on making up for lost time, but I can only do it well if I continue to have good help from you people on here.

What exactly is wrong with it? Does it not work altogether?

Originally it was intermittently turning off completely. We stopped using it after that, now it doesn't work at all.

If the retailer has gone bust then there may be very little you can do.

OK. Does the fact that I purchased it through Amazon not make a difference?

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I'm not sure what the status of Amazon is in this circumstance. I think this is the Amazon Marketplace in which it simply brings sellers and purchasers together.

I think you need to have a look around the Internet – or even on this forum to see if there is any information about the status of Amazon in the circumstances that I have a sense that they aren't a contracting partner and therefore not have any liability.
I have a sense that their status is rather like eBay – simply a forum for sales.
I can't imagine what it must be like having a useless nonworking freezer in your home – basically nothing more than a rather large and intrusive cupboard.

If there is nothing that can be done then I suppose that you will have to do look at replacing it and having it disposed of.

Although it doesn't help now, I suggestions are that in future you buy items with a credit card rather than the debit card. Even if that means that you make a quick purchase with the credit card and then reimburse it using your debit card, at least you then take protection of section 75 Consumer Credit Act which would have protected you in this circumstance.

The second thing is to start reacting more quickly.
 

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4 minutes ago, BankFodder said:

I'm not sure what the status of Amazon is in this circumstance. I think this is the Amazon Marketplace in which it simply brings sellers and purchasers together.

OK, thank you.

I think you need to have a look around the Internet – or even on this forum to see if there is any information about the status of Amazon in the circumstances that I have a sense that they aren't a contracting partner and therefore not have any liability.
I have a sense that their status is rather like eBay – simply a forum for sales.
I can't imagine what it must be like having a useless nonworking freezer in your home – basically nothing more than a rather large and intrusive cupboard.

Luckily it's in the garage.

If there is nothing that can be done then I suppose that you will have to do look at replacing it and having it disposed of.

Although it doesn't help now, I suggestions are that in future you buy items with a credit card rather than the debit card. Even if that means that you make a quick purchase with the credit card and then reimburse it using your debit card, at least you then take protection of section 75 Consumer Credit Act which would have protected you in this circumstance.

The second thing is to start reacting more quickly.

I have been / am / will try to.
 

 

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