Jump to content


  • Tweets

  • Posts

    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
  • Recommended Topics

  • 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 
        • 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
  • Recommended Topics

Licensed breeder Puppy farm & genetically sick pups.


Lesley A

Recommended Posts

You may have done this before, but please could we see your claim form – in original and in full. Please upload in PDF format.

Is the defence? If there is then please could you this also in PDF format.

Is there correspondence relating to a possible set aside or strike out? If so, please could you upload these in PDF format.

Link to post
Share on other sites

Thank you so much.  
I have cognitive issues that impact these forms being understood.  
still a little stuck.  
In section 1, in the same box where to you tick writ of control, there’s a brief paragraph starting “I intend to enforce the judgement or order by execution ……..and require this certificate for this purpose”.

Theres a dotted line immediately below, do I enter any thing there?      Or blank?

Part 3, top right corner - “Seal a writ of (control) (possession) directed to the: 

To…………….., to an enforcement officer bla bla” 

or 

‘The enforcement officers authorised to enforce writs of execution bla bla to the district of- ————-“

which one and what do I enter please.  
In part 3, section C,  do I write ‘cash’ or the total amount?

Now, section C address for service - is that the breeders address or the address I gave for service which is their argument for invalid initial service or the ‘correct address’ she claims it should have gone to. Yes


Is that telling me to use breeders address or her solicitor correct address? 
Thank you for your help.  

Link to post
Share on other sites

I'm sorry but this doesn't address the request which I made which is to see your original court forms. This means that you must scan or download your claim form in PDF format and upload it here. Scan or download any defence in PDF format and post it here. Scan or download the copy of any judgement in PDF format – and post it here.
The same with any other court issued documents please.

Please can you do this otherwise I will have to lock this thread

Link to post
Share on other sites

Hi. 
Sorry, I missed your message asking for the docs. 

yes, you have previously checked the claim form which was uploaded to this site but yes I will reload it later today.  

I have no defence to upload but two letters off her solicitor.  

I’ll get them into PDF then upload them both later.  

Do you want just the N1 or a copy of whole set of particulars? 
 

  • Thanks 1
Link to post
Share on other sites

On 09/12/2023 at 11:03, BankFodder said:

You may have done this before, but please could we see your claim form – in original and in full. Please upload in PDF format.

 

 

Link to post
Share on other sites

Post# 75 final version

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

Hi,

Yes i will donate as I have been helped massively.

So as requested, my full particulars, their response once they realised the order was going through, i refused as you advised previously then received their second response entitled accordingly but found with the same pdf doc for breeder solicitor contact.

i do not want to make any errors on the N293a form guidance does not make sense and stops at part 2.

 

N1 JAX cag version.pdf Jax PoC Cag final.pdf breeder solicitor contact cag.pdf

Edited by Lesley A
not in pdf
Link to post
Share on other sites

Thank you for this, but the claim form that you have posted above is not the original – stamped, issued claim. It is a draft document.
Similarly, the breeder solicitor contact is not an original document. It looks as if it has been transcribed by you.

This is not what we asked for.

In terms of a donation, we haven't asked you for a donation. We are always happy to accept but you should wait and see exactly what happens and what kind of result you get before you decide whether you are still in the mood for a donation and how much that might be.

 

Link to post
Share on other sites

Well the solicitors letter was sent pdf, It will not allow any form of editing and I’m trying to hide my details so it needs editing.  
I presumed the content was what mattered so I copied and issued the content.  I will screen doodoo the order and upload.  
I received a link fir a donation so I responded. 

Link to post
Share on other sites

We would like to see the documents please. I appreciate that you may have difficulties, but one of the conditions of using this free service and our free advice is that you are able to deal with the technology to a sufficient level that you can put up original documents which we need to see.

We don't ask much else from you.

If you can manage to do this then it will amount to a transferable skill which you will be able to use in the future and elsewhere on the Internet. There is no downside.

Please will you take control of this

Link to post
Share on other sites

That's much better. The least we seem to be seeing originals finally – how many days or weeks has that taken? – But we still don't have the original sealed claim form.

Also, for the first time I'm starting to understand that apparently you serve the proceedings on a firm of solicitors who apparently were not at that point instructed to accept service.
There are also issues about using the wrong name or misspelling the name.

Link to post
Share on other sites

I am hoping you mean the document now uploaded as this is the only other thing i have had from the court.

Re Service: I asked her where she wanted service. She provided a solicitors name that i could not find on google. 

I challenged the information that she gave so she then forwarded a text with the full name & address of the solicitors used.

I provided her with a recorded delivery notification of a claim, sending a copy to her solicitors as she had detailed and her LA.

Within that, she was advised that the formal claim would be sent shortly by the same means to the same recipients - from that point she refused recorded deliveries she therefore refused to accept the detailed claim herself. 

She was obstructive to ensuring justice was served from day one and false rep details were given.

I sought advice throughout and was never told to ensure her solicitors were open/confirming service.

She had not even contacted them to instruct for service - she had not intention because she knew she would need to start paying.

She thought i was going away and failed to contact her own reps until she received the court confirmation that the debt was due.

notice of issue.pdf

Link to post
Share on other sites

To begin this process, you issue the claim in the courts.

This was on a form N1 if it was done on paper. You have uploaded a draft earlier on on about page 2 of this thread that we haven't seen the original – meaning the official one which has actually been stamped by the court and has the claim number and has been used to begin the process.

That is the one please

Link to post
Share on other sites

Yes, call the court.

It is not relevant for you in respect of completing a form. However it is relevant for us to see the original issued document. And of course it would be a sensible thing for you to have a proper file copy for yourself

Link to post
Share on other sites

Hi,

I have a very stressful update. 

I have received the following files from  the breeders solicitors - its all very stressful and scary.

I have allowed until Jan 1 for consideration of the claim and payment by not enforcing HCEO but I have refused to sign any consent orders on the basis I have no right to overturn a court order nor am I legal to know what I am signing.

There is another file to follow but the site would not upload it with these too. file 4 to follow.

I would greatly appreciate some help and advice please.

LA

 

1 Witness Statement of Jonathan Stimmler 15_12_23(22389506.9).pdf 2 K02BM044 - Arnold v Turne2 Exhibit JRS1 to Witness statement of Jonathan Stimmler - 15_12_23(22390714.2).pdf 3 K02BM044 Arnold v Turner - Witness Statement of Jonathan Stimmler 15_12_23(22389506.9).pdf

File 4 

4 K02BM044 - Arnold v Turner - Application Notice - 15_12_23(22389645.1).pdf

Link to post
Share on other sites

Please would you start off by giving us a bit of a summary of what has happened.

Link to post
Share on other sites

And you still haven't posted up the original court issued claim form that we asked for.

Link to post
Share on other sites

I haven't trawled all the way back through this thread because it really has gone on for a very long time. However I do recollect that we have tried to advise you to be more careful and concise about your claim and also that you were trying to claim unrecoverable amounts.

You seem to have ignored much of that advice and on your own way.

I've had a brief look at some of the documents that you have uploaded from the other side and they broadly seem to be complaining about the same kind of thing.

I think your best interest our to contact them to consent the set-aside and then start dealing with this claim in a methodical way.

I think the fact that their client is dyslexic is unfortunate – but it's not your fault – and you could put that to the court to explain why the original claim papers were not correctly addressed.
You could suggest to the other side that because the wrong naming was the fault of their client, you are prepared to consent to the set-aside on the basis that they will have to bear their own costs incurred so far. The remainder of any costs would depend on the outcome of the case in the end.

Link to post
Share on other sites

Sir I made the PoC concise and you commented on obtaining reports from vets etc which I did.

No comment was forwarded when I uploaded the last version of the particulars so I thought they were good to go. 

I tried very hard to do all you asked me to do - I have no idea what I am doing so i would not intentionally go my own way.

Even if I agreed to set aside - I am not sure how I could make it more concise.

You advised go through her licensing agreement and identify the breaches with the particulars.

What are the chances of it being overturned anyway, will the courts give me the chance to address there comments before ruling.

If i agree to overturn then re approach more methodically, how would I make it more concise when those are the issues within the license that were breached.

I asked for a refund, replacement of goods cost and the immediate vet fees i spent.  These are not unrecoverable damages.

Would more concise be sticking to the mis representation and the purchasing laws rather than including the license breaches?

Even if their application led to a hearing, the judge would still award the basics like a refund, replacement and vet fees.

There is apparently a law that simply states dogs with heart issues should never be sold but thats via word of mouth and I have not idea how to find it.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...