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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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KC SOFAS . Brand new sofa screws falling out.


arianna22
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I bought a corner sofa online and a chair that reclines.

Had it delivered last Wednesday.

 

Today while trying to put the foot rest up on the right side of the corner settee a clunk and looked down 2 screws where on the floor. I screwed them back in but noticed that there was 2 on the right side but 3 on the left side recliner. I then emailed the company that is KC SOFAS . 

 

I hate the sofa anyway its so small the leather fabric is already looking creased and stretched. The chair is small and  if your on the big side you won't fit in it. I.m a size 14 and it's a tight fit you feel very squashed, also the seats just look so small and it's a corner one which you think would be a good size but sadly it's not. Paid £399 for the chair and £1199 for the corner settee. 

 

I waited around 6wks for this to be delivered as well since ordering just wish I could of viewed it first.

 

What's my rights now as screws falling out within a wk is a joke. Also the screws have fallen back out since I put them back in and they was in tight .

I also had to tightened the other 2 that was left in there and they lose again and the seat was only put up to see if it was OK since I done it, it had not been used at all. 

 

I.m concerned now incase anything else is going to start falling part.

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you have had it delivered less than 14 and as this was a distance selling?? via the internet? you are within your rights to return it under your short term right to reject, of the CRA.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to KC SOFAS . Brand new sofa screws falling out.

Was this a standard item or custom-made?

If it was a standard item then you can certainly rely on the distance selling rules. If it was custom-made then you will have to point to defects in order to return it within the 30 day rejection rule under the consumer rights act.
 

Just to point out. The distance selling rules – and the right to reject rules under the consumer rights act are not the same thing.

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Yes. If it was custom-made then I'm afraid that you lose your rights under the distance selling rules.
You must definitely write to them and tell them that you are asserting your short-term right to reject under the consumer rights act and you want to know what arrangements they are making to recover the items and to reimburse you

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