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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Festival camping change of T&Cs


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Hi, 

 

I'm not sure if this is the correct forum for the following, and am looking for a general consensus or thoughts on whether i have cause to take action or not?  It's long winded but I've tried to be as concise as possible with the facts of the matter. 

 

We booked a festival ticket for an event running from Friday to Monday, in addition we booked via a separate 3rd party company a luxury tent in that companies camp site within the festival. This was at a considerable cost. 

 

Sometime after the purchase of the festival ticket, the organisers announced acts for the Thursday night and an early entry ticket for that night at a reduced cost.  

 

We are not in a position to purchase an early access ticket, as we're unable to change our plans. 


On the festival forum those who had purchased an early access ticket for Thursday entry questioned whether they would be able to have an extra night in the luxury tents, otherwise what would they do?

The festival organisers said they would be able to. However when we queried the 3rd party they explicitly stated their site was not available on Thursday and would only be open Friday to Monday. 

A number of other people reported the same response.

 

It was on that understanding that we did not actively try to make arrangements that would have allowed us to purchase an early access ticket. 

 

Then all of a sudden the 3rd party changed its position and an email was received to say anyone booked into the 3rd party site would have a free night on Thursday if they had paid the festival organisers the small amount for the early access ticket. 

 

It doesn't seem at all fair some can benefit from this, and some cannot, and I've no problem with anyone who does benefit. 

 

I've messaged the 3rd party and they maintain the terms and conditions haven't changed, they've just added an extra free night that anyone with an early access ticket can take advantage of.

This was not the case at the point of sale, because if it was we would have made arrangements to take advantage, instead we were only made aware after they changed their minds to permit this, and we're now not in a position to benefit. 

 

I believe the terms and conditions have changed, and as a consequence I'm paying for a 4 night luxury Tent, and only receiving 3 nights.  

 

I believe it is reasonable to receive either a refund for one night based on the cost now covering 4 nights, or a free night, and a refund of the cost of one night based on the original total of the 3 night contract. 

 

Am i right or being stupid?

 

Thank you. 

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You are receiving what you bargained for / accepted, for both contracts (site access & tent). Did you book the tent for 4 nights, knowing you could only use 3.

if the tent had been available for 3 nights only: you could have contracted for that.

if it wasn’t, and your choice was “pay for 4 nights, get 3 nights use” or “don’t book” - you made your choice, and agreed a contract.

 

They are now offering others more, but provided you are receiving what you contracted for and no less, you don’t have a cause of action.

 

If you might get the extra tent night free, but only if you pay the access fee : you are still no worse off!

 

if you want to get “more value” from the tent contract : consider paying the site’s early access fee. If you choose not to you’ll still get what you originally contracted for so aren’t actually worse off, even if you feel slighted.

Edited by BazzaS
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They haven't changed the T&C of your booking. You booked for 3 nights and that's what you've got. 

 

Because the festival, after you had booked, added an extra night to its programme the camp site decided to make an extra night of camping available and offered it to you free as an existing customer. You are unable to take up the extra night. I don't see how they can be liable to you because you have commitments elsewhere that prevent you taking up the offer of an extra night. The offer is there but you've chosen not to accept it. 

 

It's no different in principle to a supermarket 4 for the price of 3 offer. If you only buy 3 Tesco won't reduce the price.

 

So no I don't think you have any grounds for complaint or action against the camp site operator. They haven't breached their contract with you and they aren't responsible for the festival organiser extending the festival after you had booked.

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Thank you, very much appreciated, you've helped clarify, and the situation now seems very clear to me. I'll concentrate instead on enjoying the event with the family 😂

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