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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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SIP ANPR PCN - SIP Parking Limited, Peter House, Oxford St., Manchester. ***Cancelled***


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I was not the driver at the time of the 'infringement' but I am the registered keeper. This is a large, open, fairly remote, piece of land that has been free for the 35 years I have used it, until perhaps April this year.

 

1 Date of the infringement  Parking Charge Issued 23/04/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] I don't know. I have been ignoring the letters and binning them. It's worked fine on a couple of occasions in the past.
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide]

please do not put JPG Picture files into your post

 

3 Date received Don't know, as above. I only have the Legal Action Letter sent on 20.07.22
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Don't know
 

5 Is there any photographic evidence of the event? There were a couple of in and out photos IIRC
 

6 Have you appealed? [Y/N?] post up your appeal] I have not replied.

 

Have you had a response? [Y/N?] post it up no
 

7 Who is the parking company? SIP Parking Limited, Peter House, Oxford St.,  Manchester.

 

8. Where exactly [carpark name and town] Lligwy Beach, Anglesey
 

For either option, does it say which appeals body they operate under.

The Independent Appeals Service www.theIAS.org

SIP legal action letter 20.07.22.pdf

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Thanks for filling in the sticky so quickly.

 

Don't worry, it's not a Letter of Claim.

 

What utter thickos.  "Inline with" were three words when I went to school.  And you can be prosecuted for giving them the wrong details of the driver, really?!!!

We could do with some help from you.

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However, it's not a good idea to throw away communications when you're in legal dispute.  Tomorrow invest in a 2nd class stamp and SAR them.  Get a free Certificate of Posting from the post office.  Legally-speaking they have written utter tripe in this latest missive so it's a fair bet their previous letters were bilge as well.

 

The new government Code of Practice includes that companies taking over parking management of a piece of land should put up special signs for a period informing of the change so that habitual users don't get caught out.  No doubt they'll have done none of that.

 

 

We could do with some help from you.

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  • dx100uk changed the title to SIP ANPR PCN - SIP Parking Limited, Peter House, Oxford St., Manchester.

So am I SAR-ing them in order to get copies of all the previous correspondence, or just to give them some work to do? And I signature it with a pen?

 

I couldn't say if they put up notices, it's a beach car park near where I live, and possibly the April visit was the first for several months. As I say "It wasn't me" driving so I don't know.

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Where it says

 

"At the time the charge was incurred, a notice to driver was affixed to the vehicle".

 

I'm certain it wasn't as when I told the person driving of the charge, they said they didn't know anything about it, and I'm 100% certain that's true and they would have given me the paperwork.

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Yes, a SAR is to get the previous correspondence.  I forgot to mention to stick in some I.D. with your letter otherwise the fleecers will use lack of I.D. to delay compliance.  Yes, you do need to sign it.

 

It's common practice for these charlatans to put a NTD on the windscreen, photograph it, then remove it, so the motorist is denied the discount payment period.  Disgusting but common.

 

If they are claiming this about the NTD then their PCN needed to arrive at yours 29-56 days later, not sooner, not later, otherwise they are stuffed and can't pursue the keeper.  That's why the previous correspondence is important.  And why you shouldn't have thrown it away. 

We could do with some help from you.

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  • 1 year later...

Open 

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I have been meaning to post that I never got round to doing any of the above, and didn't hear from SIP again. 

However today, one full year later, I have received a Letter Before Claim!

So, the date of the parking charge is April 2022 and I have now received a Letter before Claim dated 16 months later. It's taken them a while.

I have 30 days to reply, apparently. Again.

Does the 'letter before claim' title have any particular legal meaning? I see there's some stuff about a letter of claim on here which i don't have time to read or try to understand at the moment.

There's the threat of further costs and an 8% interest charge as well.

 

 

 

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time for a 'snotty letter'

read a few threads here after searching snotty letter 

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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2 hours ago, scumfrog said:

Does the 'letter before claim' title have any particular legal meaning? I see there's some stuff about a letter of claim on here which i don't have time to read or try to understand at the moment.

It's to do with "pre action protocol". Before actually issuing a court claim, this letter has to be sent, giving 14 days notice of the claim.

You say that you never sent the SAR?

Well, better get on with it now. (Don't forget to enclose a copy of your C Tax bill, as mentioned before.

One more word of advice... If you're to win against the fleecers, you MUST engage with the forum. Don't ask for advice, ignore it and then disappear for weeks.

Not having the "time to read or try to understand at the moment" doesn't cut it.

So again, snotty letter and SAR... ASAP.

We could do with some help from you.

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You're in legal dispute.  You throw away the paperwork.  You have the chance to get it back by filling in a simple A4 form and posting it - and you decide not to.

Brilliant.

Not.

But it's your case.

It's up to you, but ether you do what NB says sharpish or you'll find yourself with a court claimSAR done today, get a free Certificate of Posting from the post office.  And tomorrow a draft of a suitable snotty letter please.

We could do with some help from you.

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The driver is responsible for the charge for the first 28 days from the time you receive the PCN. If it is not paid by then, if the PCN complies with the Act the liability is transferred to the keeper. As so many PCN's do not comply with the Act you would not be liable for the debt.. Had you kept the original PCN we would probably have been able to advise you not to worry since you were not liable to pay the debt. And if you didn't tell them who was driving they would n't know who to pursue.

The SAR [you will find it in the CAG library ]will force them to send all the paperwork they have on you so you should receive the Notice to Driver and Notice to keeper copies. If they don't send them within a certain time you can pursue them for not sending them and that will cost them more than they are pursuing you for.  Win win.

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OK I've been lax. Ignoring these people has invariably worked in the past.

But I'm getting on with it now.

I don't have a copy of the current council tax bill to hand. I could try to dig it out, but I think it went off to the accountant.  I do have a copy of an adjustment letter dated 21.07.2022 - will that do?  I assume this is for confirming my ID so will anything else do - copy of driving license?

 

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Heavily redacted credit card bill?

I really don't like sending sensitive stuff like driving licences to charlatans.

See what the others suggest...

We could do with some help from you.

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adjustment letter will do 

its from the council and states your names and address.

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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no

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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snotty letter - this kind of thing? 

Dear ********* Limited,

Limited in intelligence, I suspect.

Re: Internal claim reference xxxxxxx

Thanks for your Letter before Claim dated xx/xx/2023   I note that you mention in it that the driver of the vehicle has accrued the parking charges. Do you know who that was?  As unfortunately, it wasn’t me, and it’s so long ago I’ve forgotten who it was. Regardless, I know this ludicrous parking charge isn't payable anyway.

I also know that the government Code of Practice includes that companies taking over parking management of a piece of land should put up special signs for a period informing of the change so that habitual users don't get caught out. Can you prove that you did that? Because I didn’t see any and neither did anyone else I know that frequent that beach and they’re willing to say so.

So, see you in court. I’ll welcome the opportunity to make an unreasonable costs order under CPR 27.14(2)(g) as you have waited 16 months to send me this bullshit letter and plan to charge interest for the period that you’ve been parked on your fat arses doing nothing. Did you get a ticket for that?

Kind regards,

 

 

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beach?

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

Yes it's a car park for an out of the way beach*. Nothing else for miles except fields.

Not even a car park really, just a plot of slightly gravelly land with nothing to indicate that someone owns it or that they make any kind of effort to maintain it, because they don't. also plenty of other beaches in the area with no parking charges. Except one, but it's obvious that it's properly laid out with tarmac and signs and facilities, and an automatic gate. But not this one.

*as in a thing next to the sea with sand on it.

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Burn!

One small point is that the government code of practice is on currently on hold,  so you might want to change that.

Also, if you don't remember who the driver was, you can't really say it wasn't you?

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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The forum doesn't allow swearing, so normally we wouldn't swear at them.  Personally I don't see why you shouldn't swear at them, they are utter con merchants.

Just one thing.  Did the Letter of Claim come directly from them or from some bottom-of-the-barrel solicitors like DCBL, Gladstones or BW Legal?

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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it's a letter before claim and it came direct from them.

I can remove the two points mentioned, but that doesn't leave me with much so I'll have to get back to the drawing board in the morning. Any other suggestions?

When and how does one send this second snotty letter? A few weeks after the SAR?

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Straight after the letter of claim.

By all means still mention signage. Just be a bit vague to get them thinking.

Also, "fat behinds" might sound a little more refined😁

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 The National Consumer Service

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