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    • Contact Energy Ombudsman with details of how long this complaint saga has been going on.  You may find out your meters were never correctly registered to your address and will be confused with neighbours until someone goes into central database to separate out the records.  EDF may never have legally taken over the supply and under energy legislation Scottish Power are the suppliers without your consent.   /images/bitmap/ombudsman-share-image.png Energy Ombudsman: Here to help with gas & electricity complaints WWW.OMBUDSMAN-SERVICES.ORG Do you have an unresolved complaint about your gas or electricity provider? Find out how we may be able to help.  
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    • In the autumn of 2020, I decided to change energy supplier from British Gas to EDF. This went through with no apparent problem but after approximately two weeks, I received a letter from EDF saying "Sorry you're leaving us". I contacted EDF to say that I was not leaving and was told not to worry about it, that they would resolve it and to carry on with monthly payments to EDF.    Approximately 2 weeks later, I received a text message from EDF to say, "Sorry you're leaving us". I contacted EDF again to say I was not leaving and was again told not to worry and that they would sort it out. Two weeks later I had a third message, "Sorry you're leaving us...". I contacted EDF again, but this time raised a complaint because it was becoming stressful and annoying. I asked them to explain why this kept happening. After some investigation by EDF, I was told that Scottish Power was trying to "erroneously take over" my gas supply. I confirmed that I wanted to remain with EDF and did not want to move to Scottish Power. I was advised to forward any bill sent by Scottish Power to EDF so that they could deal with it, and not pay it. However, I have never received any bill from Scottish Power until July 2022.   I was then contacted again by EDF to say that Scottish Power was trying to take over my supply because my gas meter was registered at my neighbour's address, on the energy suppliers' national database. I requested that EDF change the details for me so that I could remain an EDF customer but was told that only the existing supplier could change the details and that I would have to contact Scottish Power and request that they change the details. I reminded EDF that I had never asked Scottish Power to supply me and that as my current provider, EDF should take on this responsibility, but I was told on a number of occasions that EDF could not do this and that I would have to contact Scottish Power myself.   I have since learned that I should never have been told this. Ofgem states that if a supplier tries to erroneously transfer a supply, the two suppliers involved should communicate with each other to resolve the problem as soon as possible, and not involve the consumer. However, this is where the real problems started. I contacted Scottish Power at least 20 times over the course of 2 months, by email, online chat and telephone and spent a considerable amount of time trying to resolve this issue. The main problem was that Scottish Power refused to discuss it with me because "I did not have an account with Scottish Power". I explained on numerous occasions that I did not want an account with Scottish Power and that I just wanted them to change the location of my gas meter on the national database, but they persistently refused. Scottish Power was generally very poor at contacting me, I was doing most of the running. My neighbour, who is supplied by Scottish Power and has been for many years, said that this has been an issue in the past but Scottish Power has never resolved it. He said that when I asked EDF to take the supply back from Scottish Power, his supply was also erroneously transferred to EDF against his wishes, causing even more problems. During this occasion, Scottish Power compensated my neighbour but still refused to assist me.   I have evidence of some of the correspondence between me and Scottish Power but not all because much was over the phone and on online chat. Each time I contacted Scottish Power a new member of staff dealt with it and so they had to record the same notes each time, considerably lengthening the process. I asked if Scottish Power could allocate someone to own the complaint but because I did not have an account with Scottish Power, this was not an option. After numerous emails to Scottish Power from my neighbour, who was trying to assist with the situation - sending his meter details, my meter details and asking that the database be updated with my address - he was asked to send photos of my meter to Scottish Power. I had already been asked this by Scottish Power and had duly sent them but received no response. My neighbour then forwarded the photos by his email to Scottish Power and they replied asking him to ask me to re-send the photos directly, which I did for a second time. This was the last correspondence I had with Scottish Power about the matter. They did not contact me again.   EDF contacted me to say that they had concluded the matter from their end and requested that they close the complaint, to which I agreed. A meter reader visited sometime after to read both meters and I (naively) assured myself that the details had been changed and that EDF had resumed supply. My bill increased, and my meters were then routinely read by a visiting meter reader every quarter. My last correspondence with Scottish Power was on 9th November 2020, when I emailed the photos of my meter for the second time.   Twenty months later, towards the end of July 2022, I was on holiday with my family. I came home on 13th August to find 6 letters on the doormat from Scottish Power demanding £2134.89 for gas supply. They are addressed to "The Occupier" so they have obviously not referred to my previous correspondence or attempted to ever resolve the initial request to change my details. This is contrary to recommendations made by Ofgem's "Erroneous Transfers" paper produced in 2016. One of the letters even says, "Welcome to your new home" as though they have no knowledge of the correspondence 2 years ago. I have received another bill from Scottish Power today demanding payment and threatening referral to a debt collection agency if it is not paid. The above Ofgem paper states that erroneous takeovers should be dealt with by the two companies concerned and not by the consumer at any stage. But in my case, it has been me doing all the running, all the phoning, emailing, talking online, etc. Neither supplier has really done that much and I believe that EDF should never have told me that I should try and resolve this with Scottish Power; and when I contacted Scottish Power, they should also have taken ownership of the problem jointly with EDF and resolved it directly with EDF.   I have taken legal advice and been advised that as this is a dispute between two energy suppliers rather than between myself and a supplier, it is more appropriate for me to contact both suppliers, summarise past actions undertaken by all parties, and request that the supply be transferred back to my original supplier. This sounds hunky dory but doesn't actually help. Two questions arise in my mind... 1. Do i have to pay the bill at all given that it is addressed to "The occupier"?  2. Should I provide my name in my complaint (not yet sent) or simply refer to myself as "The Occupier"? 2. I know I can refer to back-billing guidance but my instinct tells me I shouldn't have to pay any of this bill because the supply was taken over without my consent, I tried numerous times to resolve it to no effect, and was led to believe that I was then paying for the gas due to the actions of both companies. Does anybody think I have a case here and any suggestions about how to pursue it?   Many thanks if you have managed to read this far. Even more thanks if you have any advice :-)  
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Smart PCN - Wrong Reg - appealed - refused - Haven Banks Retail Park, Exeter


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Hi,  

An elderly friend has received a parking charge notice from Smart Parking after parking at Haven Banks Retail Park, Exeter(date of contravention 04/05/22) .

 

On looking at it it appears he started to enter his registration - entered the first 3 letters and then for some reason entered the whole registration after that (ie 3 extra letters in the front). It is still very clear that it is his registration.  

 

He wanted to pay it straight away but my understanding is that the rules changed in January 2020 for this sort of mistake and that at the first appeal the notice has to be dropped or reduced depending on how big the mistake.  

 

I offered to draft an appeal letter for him which he signed and I posted off.  

 

I am kicking myself now as I really should have sent it by recorded delivery (I’m sure they will probably say they haven’t received it!).  

I have however now taken a second look at the Parking Charge Notice sent by them and I see that they have dated it 19/05/22.

 

 As this is 15 days after the contravention and my friend would not have received it for a couple of days after this am I right in thinking that the 14 day rule has been broken by them?  

 

Surely this notice should have been dated within the 14 days?. 

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You're right about the 14 days.  But what does that mean?

 

It means they cannot use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability from the driver to the keeper.  But that will be irrelevant if he has outed himself as the driver in his appeal.

 

We need to see the PCN and what was written in the appeal.

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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Sorry to ask this ( I’m new to this - can write a letter but not good with the techie stuff) but if I send these copies will they be on public display? I need to protect his  privacy.

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Yes, they will be on public display.

 

But if you click on upload the guide will tell you how to redact all his personal details.

 

We don't allow personal details on the site.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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This is a copy of the appeal letter sent to Smart Parking.  Still trying to sort out how to sent copy of PCN

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use pdf 

follow upload

i've hidden you docx file as it has all your pers details in file info/properties

 

put everything on one mass PDF please

both side of the PCN/NTK too 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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  • dx100uk changed the title to Smart PCN - Wrong Reg - appealed - refused - Haven Banks Retail Park, Exeter

I've had to hide one of your posts.  The upload guide explains how to upload in PDF only.  Personal details are easily seen in DOCX and your name was showing.

 

There is some wriggle room, but I think realistically writing "my parking ticket" means your friend has been outed as the driver and any POFA/"14 day" protection has been thrown away.

 

Better news is that I have just looked through pages and pages of Smart Parking cases we have on the forum and, for all their bluster, in not one have Smart Parking ever done court.

 

Even better news, the PPcs in general don't do court in "wrong registration" cases now because the few times they have the judge has given them a thrashing.

 

Therefore your friend has nothing to worry about.

 

However, don't expect Smart to be reasonable and to accept the appeal, and don't expect their demands for money to stop overnight.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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Posted (edited)

Many thanks for your help anyway.  It looks as if my trying to help my friend by writing hasn’t actually helped but I take your comments about Smart Parking on board and realise that they wont give up easily.

Edited by jaycee44
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Don't beat yourself up!  Every single one of us on CAG have made mistakes in legal disputes.  The important thing is to learn from the experience for the future and not repeat said mistakes. 

 

Smart will huff & puff but in the end will do nothing.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

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Have replaced docx with PDF in post #5

 

However they are on a hiding to nothing with the new Code of Practiuce if they were silly enough to try court, no loss to sue on, and wrong VRN a trifle, he can expect some threatening letters from paper tigers that like Macbeth's soliloquy in the Scottish Play are tales told by an idiot full of sound and fury signifying nothing

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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@brassnecked

 

In my 60ish years on this planet that is the first time I have ever heard a Shakespearian reference made relevant to modern life, I salute you sir!

 

Now when I think back to all those wasted hours struggling with 'the bard who never says what he means' in order to gain an English Lit O level, it was still not worth it all 🤣

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