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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.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • 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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    • 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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Boris Johnson, former Prime Minister


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20 hours ago, honeybee13 said:

Even his sister said she didn't agree with what he was saying.

 

Mind you Rachel Johnson's a staunch Remainer and doesn't agree with most of what Boris says! 

 

Although unsurprisngly, as has she a professional career of her own, she gets fed with of being introduced as "Boris's sister" and always being asked what she thinks about something Boris has said.

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1 hour ago, honeybee13 said:

So Johnson's done his last cabinet meeting and may or may not do PMQs tomorrow. But he's staying as PM until a successor is voted in, early September.

 

Does anyone know who's in charge?

 

Johnson is. He remains PM until he formally goes to see the Queen and resigns. Which her will do only when the the election of his successor as party leader is announced.

 

In the meantime the convention is that he just keeps things ticking over and doesn't announce any new initiatives, but legally he has full PM powers until the moment the Queen accepts his resignation.

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1 minute ago, honeybee13 said:

Thank you Ethel. So the cabinet won't meet over the summer?

 

It seems like an odd way to run a country.

 

I've never checked but I don't think cabinet meetings are routinely scheduled over the summer. But if circumstances require it emergency cabinet meetings can be called at any time. Ministers, like with the PM, remain in post.

 

But as there's not supposed to be any new initiatives happening, they're just implementing already announced policies, do they actually need to meet?

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1 hour ago, theoldrouge said:

Early release from the initial covid lockdown due to the speedy vaccine rollout whilst EU dithered 

The ability to quickly send weapons to Ukraine 

 

Erm, neither were controlled by the EU and we could have done exactly the same as we did if we'd remained in the EU.

 

So neither are 'Brexit benefits'.

 

 

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29 minutes ago, theoldrouge said:

Absolute nonsense from obviously another obsessive remainer

Do you not think that we would have had to conform with everything the EU ordered 

The main at risk groups were vaccinated 

before the EU got its act together 

As for weapons as I said ,we acted whilst the Germans were offering helmets and Napoleon was doing his Neville Chamberlain impersonation 

 

 

Not nonsense and pointing out that you are wrong about how the EU works in relation to public health and military matters doesn't make anyone either obsessive or a remainer. They are 'national competencies' and the EU does not control them.  

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1 hour ago, theoldrouge said:

Oh really “France 24 “wrong as well then about The European Health Union 

 

Before Covid-19, the EU left health policy to national governments. However, Brussels took charge of vaccine procurement in the summer of 2020, as part of what Von der Leyen called a “European Health Union” in her September “State of the Union” address.

Member states were free to opt out of this supranational scheme, but none did so. Brexit made it “easy” for the UK to go its own way on vaccines, Bouzou observed.

 

 

Thank you for confirming exactly what I said. If we'd still been in the EU we could, and no doubt would, have done exactly the same as we did do and the EU couldn't have stopped us or made us do anything different.

 

And as you also confirm no EU state was required to join the the voluntary support scheme the EU put together. Of course few of them opted out. Very few EU countries have their own global pharmaceutical industry or vaccine research facilities. Malta or Cyprus or Bulgaria (for example) were hardly likely to start developing their own vaccine research and pharmaceutical manufacturing capacity in the middle of a pandemic were they? So of course they opted to go with an an EU led purchasing programme.

 

If you don't mind me saying so you seem to be rather missing the point. No-one disputes that the UK had a successful vaccine rollout programme. The point is that it would have had just as successful a programme if we were still in the EU. Brexit is irrelevant to the success of the rollout.

 

And anyway the EU programme was about procurement, buying the vaccines, not about rollout. Every EU country, even when it stayed in the procurement programme, made its own decisons about rollout.

 

Incidentally did you notice that the France24 article was published right back in the early days of the pandemic - 6th February 2021 - so isn't an assessment of the overall strengths and weaknesses of anyone's  vaccine roll out? Britain's early lead was soon eroded.

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52 minutes ago, honeybee13 said:

I wonder if Sunak's part of Yorkshire has drought restrictions? A swimming pool is huge amount of water to take out of the system.

I'm no supporter of sunak but in fairness there's no suggestion in the article that he's about to fill it during the drought, they've only just started construction. Unless his builders work a lot faster than the ones I can get at the moment it won't be ready until the winter!

 

Edit: My builders aren't building me a pool, just replacing guttering (just to clarify 😀)

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  • honeybee13 changed the title to Boris Johnson, former Prime Minister
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