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    • Thank you. Please will you repost your images in one single multipage PDF file – the right way round et cetera.  
    • And just to reiterate – I'm sorry if the message above sounds a bit harsh. We have to get the message out to other people who visit this thread as well. I realise that you are having a difficult time and we will do our best to help you, of course
    • The last photo shows the overflow carpark looking at the block which our room was located. When we got out of the car my partner thought that the building was for staff accommodation.  The unsecured bedroom window opened onto this car park.
    • Also I see that you are doing a lot of this on the telephone – and without any written confirmation. This is a big mistake. You need to start taking this matter seriously and so everything should go in writing. If you have telephone calls then they should normally be recorded. Read our customer services guide. You should make notes about every telephone call and then you should send an email to your telephone correspondence confirming what they have said or what they have agreed. It is important that you keep detailed paper trails here. Of course we may be jumping the gun and maybe big motoring world will step up to the mark – but I'm afraid that they have a lousy reputation has you have seen and so you need to start practising survival techniques and protecting yourself. You say for instance in your letter of rejection that the mechanic told you on the telephone that the gearbox needed replacing. Do you have any other evidence of this conversation? This is going to sound a bit harsh – but other people will be visiting this thread as well for their own purposes. You conducted their research about this company before you bought the vehicle. You now are fully aware that this is a company which can be very difficult to deal with and causes a lot of problems for many of their customers and yet you are still taking a telephone/verbal approach. Do I need to say any more? Also one of the documents you put up is an email exchange but it is not clear who is writing to who or what dates. If you showed this email to somebody in a pub they would be asking lots of questions about who sent the first message, who sent the second message, what dates were they sent et cetera. Please think about this before you post things. Please can you clarify the details of that email exchange. Please will you present the information carefully. We are all volunteers here and we have to rely on you to do the spadework
    • I told the DM that the room was not acceptable because of the reasons already mentioned. He informed me that they were full that night and that they could move me to the room next door (would not solve my problem with the rooms location). Told the DM that I could not stay in the room provided for the night so left no option but to leave. DM did not reply and I walked out.  
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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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ParkingEye ANPR PCN PAPLOC Now Claimform - Overstay - Riverside Retail Park, Chelmsford, Victoria Road, Chelmsford, Essex, CM1 1AN


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So confirmed, no DQ has been sent by the court.

PE are trying one of their slimy, "frightening" tactics.

Ignore the rubbish they've sent.  Wait for the real DQ from the court.

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I should have written sooner to the Retail park owners. I have written to them this morning. Prompt reply by the facilities manager requesting the copy of the PCN . Hopefully they get it down!!! Fingers crossed 🤞 

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Very good move to contact the retail park owners.

However, you're right that you should have done it while this was a simple PCN, now that there is a claim form you can be sure the fleecers will fight like hell to not cancel, because the poor dears have shelved out the enormous sum of £35 to start the claim.  Have a look at the last couple of pages of Reapstar's thread at Goodmayes Hospital.

Good move though. 

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High hopes. So I still have to submit the Directions questionnaire sent by PE as I understand. But I will wait for them to do theirs?  In the meantime if they take it off am lucky.
 

Am I right in understanding the process?

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nope you ignore it.

wait until mcol claim history shows dq's have been sent out.

2 hours ago, Reds123 said:

thanks for that @Nicky Boy . I have been to the courts before and I know what it takes . 

good you should be able to eat them for breakfast easily then, just dont let any more silly mistakes or slipups occur that they could exploit, as they will do so. there's nothing more intuitive than reading a good 20+ pcn claimform threads,it get you used to what's actually next in the process and what comes after that and how to or not react.

dx

 

  • Like 1

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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Aww!

You got a like from reds, dx.

You must be mates again...

 

Reds,

dx sometimes comes across as brusque. If you knew how thin he spreads himself around the whole site (and elsewhere), you'd understand that he can only spend so much time on each problem... I am totally in awe of him and others on the forums.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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its just a tool in my toolbox. if it has the desired effect i'll use it.

people sometimes forget our posts are not just regarding their situation personally at that time.. 10'000 of people read and will read our threads without ever becoming a member and need to understand how important it is to actually do certain things.

we don't, and have never operated, like some other consumer forums or websites, whereby 90% of the information is templated and scripted and not 'alive'.

we personally take the trouble to live type every post with relevant and directed advice.....thats takes a very special and dedicated team of individuals whom are hard to find...The Siteteam.

dx

 

  • Like 1

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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Not really thought like that... It's a shame we have no idea of how many "browsers" just take the info here, run with it themselves and get a successful outcome. There certainly must be some...

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On post 32 PE responded to your snotty letter . What they failed to say was that the keeper  could not be held liable for the debt because they had screwed up the PCN. In addition the not specifying the parking period  Schedule 4 S9 [2] [a]

(2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; 

they also got it wrong on Schedule 4 S9 [2] [e]  

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Did their PCN ask you the keeper to pay the debt? No they dd not.

Did they ask you to pass the Notice on to the driver? No they did not. So massive fail.

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that will all become clear as you read and understand things .

what you might ever say in court is related to your disclosures at the disclosure stage by a witness statement, which basically (horrible word!) expands upon the points raised in your defence and responds to the points raised in your witness statement in (hopefully) a reply to theirs and other issues.

you are under no obligation to reveal who was driving, should you know that or not.

it's for the claimant to prove their claim on all points, and as the PCN is non compliant, as LFI points out, that question will never come up.

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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  • 1 month later...

Thanks . Just reading through a few of the threads .

MCOL website - there is an update

DQ filed by claimant 2/10/23 and DQ sent on 2/10/23.

I have now received a Notice of proposed allocation to small claims track which I need to submit by 19/10/23.

I have not sent out a SAR to them .Is it too late to send one ?

Just trying to read up on my next steps which I believe is drafting a witness statement(WS)

In the section "suitability for determination without a hearing "

can I write : if PE is willing to drop the claim , we could settle it out of courts .?

 

PS : I had recently been to the car park , they have now increased parking time to 3 hours !! ( previously 2 hours - my stay was 2 hours 39 minutes)

 

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dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

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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He hi , quick reply , Yes I have had a DQ sent earlier . since there were no updates on the MCOL website I was sitting on it.

@dx100uk I understand this is for my DQ?

sure will do . Thanks so much . took me a while to realize PE had sent me a DQ earlier and now the same set again sent by the courts.

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does the status of the claim on mcol say dq n180 sent to the defendant please?

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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Share on other sites

thankyou

dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

 

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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7 minutes ago, Reds123 said:

yes it says i need to file it by 19/10/23

Posted you the link 45 mins ago .....it would be on its way by now:classic_cool:

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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for section D - Suitability without hearing : can I say "no" and simply put the the reason down as factual disputes - will need to be orally argued?  because 

1) they have not responded to the CPR - Not provided a proof of contract with the owner and PP 

2)PCN was non-complaint 

3)Parking time was not stated on the PCN 

Is this good enough?

and you have asked me not to sign the form - but this form has a space designed for signatures - should I leave it blank ?

sorry silly question . is there a specimen DQ someone has done before anywhere please?

Also am I supposed to be getting PE'S version of DQ?

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