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    • 1 Date of the infringement 14th April 2024 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 17th April 2024 [scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s 3 Date received 20th April 2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? ANPR photos of vehicle in and out (although as they were taken at night they don’t show much). 6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up  N 7 Who is the parking company? MET Parking 8. Where exactly [carpark name and town] Southgate Park, Stansted CM24 1PY For either option, does it say which appeals body they operate under. Independent Appeals Service POPLA  - BPA Logo is on NTK If you have received any other correspondence, please mention it here. N/A Hi, As keeper, I have received a PNC from MET Parking over the vehicle being parked in the infamous Stansted Starbucks/Mcdonald’s car park(s). The vehicle was parked outside Starbucks (at night, when it was closed) and the driver went into Mcdonalds. However, the driver wishes to appeal due to the poor and misleading unlit signage, and believes that this PNC is unfair. I am sure you are aware of this company/car park, and I would appreciate any advice on this matter. Kind regards PNC 14.04.2024.pdf
    • The PCN is one of the more compliant that I have seen. however it still fails. There is no period of parking mentioned as required by paragraph 9[2][a] . ANPR cameras only capture the arrival an departure times. It does not record the times you drove from the entrance to the parking place and then from the parking spot to the exit. That means that if you are the keeper then you are not liable to pay the PCN. Only the driver is so do not appeal as you may reveal who was actually driving.if you were not the keeper then as long as the driver is not identified CE will have difficulty on that fact alone. The majority of people with valid motor insurance are allowed to drive your car  and Courts do not accept tha that the driver and the keeper are the same person. On top of that your car was trespassing there since you didn't have a Permit and only the land owner can pursue you not the monkey they employ. The signage is prohibitory in that only permit holders can park there so no contract can be formed. The signage is new apparently so there must be some time allowance for motorists to adjust to the new signs which could mean that  they shouldn't even be issuing you with a PCN. For all those reasons I wouldn't be too much in a hurry to pay them a penny. And well done on posting up the PCN and that sign so quickly. 
    • Dear CAG Team   Given the above, and not knowing what the actual account name is, I will haver to stick with that same name but the Bailiff said that once the variation is done there wont be an issue getting the money off him. What i cannot get my head around is when i set up a new payee, if the name doesn't match the account name my bank wont allow the transfer. So how is it that it authorised and allowed the transfer? Also, given the dealer broike trading standard rules and tried to sell me a death trap, then keep my deposit, why is his bank and mine protecting him by not disclosing his account name or at least making a charge back as i first attempted?   Many thanks
    • DX100UK  ill try to give as much info as i possibly can. this situation goes back to early 2022 i purchased a pc from an online company mac group ltd it was ordered and paid over the phone but they kept changing the delivery date so i ended up phoning them up and cancelling the order and got a full refund then thought it was done with,there was no hp agreement just to be clear. then i was told by mac group the pc had been delivered to mine and had it tracked to my address with a different inital but correct surname no photo of said parcel,so basically ignored it as i was dealing with my dad and my brothers estate which seamed more important as i thought the situation with the pc would sort its self out but it didnt it escalated in to mac group issuing a ccj against me and got the court pack from northants,visited by bailiffs on 3 occasions which i did not engage with,but didnt realise i needed to turn up at court so it was thrown out. mean time ive moved and they dont know my new address but started to email me jan 2024 stating they intend to recomend their client to bankrupt me,got some advice from cab re: applying the case to be set aside but as you will see from the paperwork ive uploaded it was struck off and i have no idea why as the court staff are not legally trained to tell my why when i phoned last week. mac group applied for a n244 statuary demand i am really worried ill lose the house if they do bankrupt me but i do realise i should have dealt with it sooner but i was grieving for two family members not sure thats a good enough reason. thanks. dcbl_Redacted.pdf mac group.pdf
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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.

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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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NPE/CIS CCTV? PCN PAPLOC - Lombard Place London E3 5Fa, Not Parked In A Marked Parking Bay


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You've referred to your mum as being elderly and unwell.  Is she comfortable with dealing with this?

Because an alternative would be for her to out you as the driver, at a UK address.  Then after a couple of months you could "move" abroad.  PPCs give up 99.9999% of the time if the driver lives abroad.

We did suggest this before you moved.

 

 

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Hey Dave, yeah shes happy to crack on, they will obviously continue pursuing regardless, Im also happy for her to out me, as soon as she does, is that the end of it for her??

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Yes, if she outs you it should take her out of the loop.

However I don't know for sure, because I understand there's a time limit to do this and don't know if its a statutory thing under POFA or just someting the they make up.

Maybe LFI could comment?

We could do with some help from you.

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According to PoFA the keeper should inform the rogues within the first month of a PCN being issued who was the driver involved [their name and address]. After that time it would be up to them to decide whether to carry on against your Mother or switch over to you.

Once they discover that you won't be in the Country to appear in Court they may be able to revert back to pursuing your Mother. poFA does not appear to cover such a situation so we are pretty much in the dark on that.

You would have thought that they would jump at the chance to cancel the case since it was very much a trumped up botch which should never have been started.

My own opinion would be that you should continue with using your Mother if at the end when they lose that you pursue them for a breach of GDPR. There is no case. There are no signs at the entrance to indicate that it is a private road and no one would have parked the car there half over the pavement on the wrong side of the road when

There were no other cars in the road so could have parked anywhere on that road and your car just reversed a short way into the road to turn around, not to park.

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Apologies.  I didn't think through things properly before I wrote my last post.

We don't have one case of NPE doing court (although of course there are no guarantees).  Outing you as the driver now would mean going back to square one with them sending a PCN, a reminder letter, ten million threatening letters, etc., and be even more work for her.  It may well be better to let sleeping NPEs lie.

In any case you made the decision not to out yourself months ago before your move and I think we're stuck with it now.

 

 

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We could do with some help from you.

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