Jump to content


  • Tweets

  • Posts

    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (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; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

I sold 270 jewellery pieces to shop. Now threatening with small claims.


mrk1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 494 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

There are no guarantees about what the opposition will do, but all this "I've got 20 years' experience and I'm great and you're nothing and I'll whack you in court" is something we constantly see here and something that must have happened to me around 20 times during my life.  Standard stuff from bullies who think the very mention of court will have the other person trembling in fear.  On each of the 20 occasions I told the bullies to do their worst.  And then ...

 

... nothing happened.

 

So he has 20 years' experience and had two hours to examine the items and yet didn't realise that the goods weren't fit for purpose.  Aye, right.

 

Stop writing to him.  Trying to be cooperative with a charlatan just makes you come over as weak.

 

None of this helps you though at you are still £675 down on the deal.

 

What to do depends on what you hope to achieve and how strong you think your case is.

 

One possibility, as he says "Your goods are here for you to pick up", would be to agree an appointment with him, count out exactly 135 pieces to take, tell him you're quits and to Foxtrot Oscar and do his worst.  He'd be highly unlikely to do court with his rubbish evidence, even more so as he has no address.

 

Alternatively if you wanr to avoid face-to-face confrontation and feel you're in a good position., simply message him and tell him to hurry up and start his claim, and then when he does nothing after Christmas send him a Letter of Claim and sue him for £675.

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

Link to post
Share on other sites

No, he can't.  His contract with you is for your goods.  Any money he wastes on traces or solicitors is his own concern.

 

You need to stop corresponding with him now.  He's just trying it on.  He's such a great businessman that he didn't even take your details!

 

On 1 January you send your Letter of Claim.

 

 

 

 

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

Link to post
Share on other sites

It's by no means certain that he will really use a trace agent.  He could well be full of bluff and bluster.  I've met many such types.

 

If he does, then trace agents aren't miracle workers.  It depends on how much information the spiv is able to give the trace agent.  "A bloke called Mrk" came in isn't much info.

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

Link to post
Share on other sites

We've already said what to do.

 

1.  Stop communicating with him.

 

2.  On 2 January, the first working day after the deadline for payment, send a Letter of Claim.

 

You're well on the way to snatching defeat from the jaws of victory in what is a very simple case - he owes you £675 for which you have a a written agreement.

 

He's asked you to come in to collect your goods, so you say you're coming in - er, I wonder how he will try to spin that?  That's after offering him partial refunds, which he will spin as admitting the pieces were defective. 

 

You constantly say it's the last message, but then continue the messages, which just makes you look weak.

 

You will have to put your details on a Letter of Claim so I don't see the point in all this flurry to hide your name & address.

 

 

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

Link to post
Share on other sites

It would be a good idea to draft your Letter of Claim for 2 January (presuming he misses his deadline for payment).

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

Link to post
Share on other sites

14 hours ago, mrk1 said:

At this stage I’m wondering if yo just leave it. Take a loss. 
Do I want the stress of a court case? 

Well, only you can decide.

 

When you started the thread you wrote -

 

2 hours ago, mrk1 said:

I’m struggling to see how I can fail. 

Anyway, the time to throw in the towel isn't now.

 

This may all be bluster and he actually pays on New Year's Day (albeit highly unlikely).

 

He might realise you're serious when a Letter of Claim arrives and then cough up.

 

But it's your call.

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

Link to post
Share on other sites

Well, it's D-Day, 2 January.

 

If he hasn't paid, post up your draft Letter of Claim.

 

Then it can be sent tomorrow.

 

That's of course if you still want to sue him.

 

 

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

Link to post
Share on other sites

  • 4 weeks later...

Your next call was pointed out weeks ago.

 

3 January - Letter of Claim.

17 January - start county court claim.

 

I suppose that will now have to be -

 

30 January - Letter of Claim.

13 February - start county court claim.

 

And as HB says, gather any evidence that will be useful for the court; a statement from your mate; even better if your mate can take photos; maybe even a purchase by your mate; etc.

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

Link to post
Share on other sites

Superb - well done,.

 

Yes, they will be enough.

 

If you can get a video - even better.

 

I would mention the evidence in the LoC.  He might well give in.

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

Link to post
Share on other sites

A Letter of Claim is just that, a letter, it's no big deal.  The important thing is later to show the court you formally gave the crook a chance to pay before taking court action.

 

Just refer to his agreement to buy jewellery pieces from you and that he has failed to make the second payment of £XXX by £XXX date.  You have witness, photographic and video evidence that he has been selling the pieces so his excuses about them being unfit for sale will be disproved in court.  He has 14 days from the date of your letter to effect full payment otherwise you will immediately start a county court claim which will lead to him paying the full sum plus costs, indeed you intend to ask the court for exemplary costs due to unreasonable behaviour under CPR 27.14(2)(g).

 

You don't even have to put all that in but I think it would be useful to show him he's on a hiding to nothing and it's best he coughs up.

 

 

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

Link to post
Share on other sites

Great work by Kyosanto.  Usual boring post from me - am at work but will come on the thread late this evening.

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

Link to post
Share on other sites

Kyosanto's letter is superb.

 

I would just change the final paragraph to -

 

If you pay the remaining £675 within 14 days of receiving this letter of claim, I will consider the matter closed. Otherwise I will open a small claims court case against you for the full amount + court fees + interest, without any further notice to you, and I will also request the court make an order for exemplary costs under CPR 27.14(2)(g) due to your unreasonable behaviour.

 

You're not entitled to damages or late fees, but you might be entitled to extra costs due to his unreasonable behaviour of telling lie after lie and inventing a fictitious injured customer.

 

If none of the other regulars disagree, get that off tomorrow by 1st class post and be sure to get a free Certificate of Posting from the post office.

 

He will bombard you with calls and texts after receiving it.  Block his number.

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

Link to post
Share on other sites

Good grief, instead of sending the LoC you're back to messaging him and handing him the advantage again.

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

Link to post
Share on other sites

I don't know what part of STOP COMMUNICATING WITH HIM except for sending the LoC you haven't understood.

 

I bet he spends his days laughing at you as the paper tiger you are.  You keep saying you are going to take legal action, but, instead of actually, er, taking legal action, you give him a billion and first chance to comply first.  Ha! Ha! Ha!

 

Still, it's your case, not ours.  If you don't agree with the advice of the forum then just say so, go your own way, and all of us can use our time on something more useful.

  • Like 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 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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...