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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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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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I returned two pairs of shoes that I bought from Adidas over a year ago. One of the shoes was £250, the other was £180 (yes I know, I was young and wasting the money I was earning at my part time teenage job). I thought the shoes were too expensive for the poor quality that I received so I decided to return them.

I returned the £250 pair of shoes and it was perfectly fine, got refunded, no issues.

 

For the pair which cost £180, I thought I had returned it, but I had mistakenly sent the wrong parcel, thinking it was the shoes. Adidas therefore informed me that I had sent the wrong parcel and didn't refund me for it, which I had no issue with in the end, because it was my mistake. I missed the 14-day returns window for the shoe and decided to keep it.

 

Fast forward a year later, I have moved house and gone back to the old house to discover that DWF have been sending me letters for the last 8 weeks saying that I owe Adidas £430 (£250 + £180, I presume). They're saying that I have to pay or that they will take further action and all this stuff. Whats confusing me is that, one of the pairs of shoes, I was never even refunded for (as I said, I sent the wrong parcel), so why would I owe money to anybody? The £250 pair I sent back and was refunded for accordingly.

 

I have a few questions about this situation:

I presume everyone on here will tell me to ignore but I was slightly more worried because £430 is a lot more than the amounts I have seen on here, so I was wondering what I should do in this scenario for such a large amount? Can they take me to court?

 

Is it true that these kinds of things can eventually affect my credit rating? DWF have said on their letters that they can affect my credit score?

 

And lastly, if I do continue to ignore them as people frequently say, are they just going to send me letters forever and ever and ever?

 

Forgot to also mention that as I said I have moved house, so I don't actually see any of their letters. I only saw these as I had to collect my credit card which got sent to my old house. Do I need to get the mail forwarded to this house or do I continue to ignore it and leave the letters? I just don't want a bad credit score or to go to court for the love of God.

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can never do court

can never effect credit file.... totally ignore.

 

id be more concerned you have moved and not updated all your creditors .

 

hope you did your car and driving licence too! 2 sep dvla things.

 

 

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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Yeah haha I had to do my drivers license literally last week, had completely forgot.

Thanks DX,  that's great if they are powerless, but will they ever stop sending letters? I've gotten two just in the last month.

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several other threads here too

they will give up 

just retail loss scammers, nothing ever goes back to the retailers anyway

straight in their pocket

straight down the pub!!

 

just like DCA's.

 

dont forget your cars v5c!! too

 

you MUST write to anyone one your credit file or banks etc, esp if you have debts that dont show that you might have last used/paid within say 7 yrs

esle you'll get backdoor CCJ's.

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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in two minds on that

none of the retail loss lot have done court since the famous 2012 case

but i suppose it wont hurt for the sake of a 2nd class stamp to write informing them of now correct address

although as he has contact? with the old AD im sure they'll tell him if anything more arrives?

 

cant see this being a backdoor ccj candidate .

 

dx

 

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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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