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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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UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ ***Claim Discontinued***


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  • dx100uk changed the title to UKPC/DCBLegal, ANPR PCN Letter Of Claim

Hi Guys many thanks for your patience. It took me a while to go through everything and provide you will the correct information.

Here is my questionnaire.

1 Date of the infringement 09-12-22

 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13-12-22
  

3 Date received 11-01-23 BUT!!..

– This was during the xmas period and there was also the mail strikes going on.

It was originally sent to my old address in South Wales, it was then redirected to my daughter in Glasgow, Scotland because I had been living in a hotel for a short period of time and i had no address.

My daughter is young and she was not opening my mail very frequently so she had no idea that there was anything urgent there.

had a redirection set up from Nov 2022 to Apr 2023 (6 months).

I did email UKPC all this information and tried to appeal but they told me I missed the deadline to appeal this PCN.
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes
 

5 Is there any photographic evidence of the event? yes
 

6 Have you appealed? [Y/N?] post up your appeal] yes but i was told I had waited too long before appealing, I explained the reason why I missed the deadline but they did not seem to care. I don’t have the email or ref number sadly.
 

Have you had a response? [Y/N?] post it up yes but im sorry I cant find the email
 

7 Who is the parking company? ukpc

 8. Where exactly [carpark name and town] Mcdonalds Bristol Patchway, Bristol.
 

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

If you have received any other correspondence, please mention it – PCN+letter of claim from dcblegal included in pdf

 

 

PCN+PAPLOC.pdf

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  • dx100uk changed the title to UKPC/DCBLegal, ANPR PCN - appealed by email - Letter Of Claim - Mcdonalds Bristol Patchway, 562 BS34 5TQ

@dx100uk

to be clear after the second one as soon as i received it from my daughter. Why is it 'blindingly' are you mocking me for some reason?

You used to be very helpful but now you take every opportunity to have a dig at me. What has changed. If you cant post anything positive please ignore my posts and do me a favour.

I have donated many times to this forum and this is the thanks i get for it.

have very serious mental health problems and i will refrain from saying what i really think about your crappy posts.

If you have a problem with me please let me know as i have no idea. You are like a troll. You went from hero to zero.

@FTMDave - The recent letter from DCBlegal was sent to my new address so maybe they got it from the voters reg. 

@Nicky Boy - Thanks for your reply, it is easy to lose an old email i think everyone can relate to that.

IM from Scotland so im not used to bombardment of parking charges in England, i guess its wishful think that they will all go away but this one has come back to bite in the bum.

How will a SAR affect the letter of claim?

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@dx100uk thank you for your help and i am sorry for taking your advice the wrong way, i struggle to do day to day tasks and i find it harder to deal with matters like this and write letters. I would happily pay someone to do it on my behalf but i have to force myself to do it sometimes. Thankfully Dave has written a template letter for me which is a massive help. I have written the letter and done 2 copies. 1 to DCBlegal and the other to UKPC and i will post them tomorrow.and get proof of postage. Re the sar, we can leave that for later if needed.  Many thanks. ;) 

 

@Nicky Boy Many thanks for you help. Thanks to Dave he has helped me with the template letter, i have done 2 letters and it tackles the snotty letter and the change of address. ;) 

 

@FTMDave Many thanks for your help, i cant thank you enough for doing the template letter for me. I did find it hilarious when i read it too, well done indeed. I struggle to write letters now so i am very grateful that you did this for me. I have done the 2 copies of the letter and i will post them tomorrow, i will get proof of postage too. Thanks again. ;)

 

@lookinforinfo many thanks for your help, i read your post thoroughly with great interest and im very impressed at your legal  attention to detail. It just goes to show what a bunch of morons they really are. Dave has kindly done a letter template for me, i have done 2 copies and i will post them tomorrow. ;) 

 

 

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  • 3 weeks later...
  • 1 month later...
  • dx100uk changed the title to UKPC/DCBL ANPR PCN - appealed PAPLOC Now Claimform - Mcdonalds Bristol Patchway, 562 BS34 5TQ
WWW.MONEYCLAIM.GOV.UK

I cant login to the MCOL website. When i try to login it just brings up the government gateway login window, i use the claim number and provided password but it does not seem to work. Am i missing something here?

I have not completed part of the form,

Which Court have you received the claim from ? Northampton

Name of the Claimant :           uk parking control limited

Claimants Solicitors: (if one is stated) Yasmin Mia

Date of issue –  - 24th Aug 2023

Date for AOS - 

Date to submit Defence - 25th Sept 2023

What is the claim for  

1.The defendant (d) is indebted to the claimant (C) for a parking charge(s) issued to vehicle xxxxxxx at Mcdonaldds Bristol.

2. The pcn details are ..........

3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s).

4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.

5.Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £179.16

court fees £35

legal rep fees £50

Total Amount £264.16

Have you moved since the issuance of the PCN? (y/N - if Y state Date too) No

Did you receive a letter of Claim With A reply Pack wanting I&E etc about 1mth before the claimform? Y/N + date and did you reply?    yes did receive one and replied 10/07/2023

claim form.pdf

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Dx many thanks for your guidance, i got there in the end.

Date for submitting my defence is 26th Sept 2023

Particulars of claim below

The defendant (d) is indebted to the claimant (C) for a parking charge(s) issued to vehicle xxxxxxx at Mcdonaldds Bristol. 2. The pcn details are .......... 3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s). 4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

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  • 2 weeks later...

hey guys could you be so kind as check over my defence when you get a moment please. 

 

SHould i mention any of the circumstance regarding my living circumstances at the time of the pcn? Please see reminder below.

This was during the xmas period 2022 and there was also the royal mail strikes going on at the time.

It was originally sent to my old address in South Wales, it was then redirected to my daughter in Glasgow, Scotland because I had been living in a hotel for a short period of time and i had no address.

My daughter is young and she was not opening my mail very frequently so she had no idea that there was anything urgent there.

had a redirection set up from Nov 2022 to Apr 2023 (6 months).

I did email UKPC all this information and tried to appeal but they told me I missed the deadline to appeal this PCN. 

 

 

Here is my defence below - 

 

1.The defendant (d) is indebted to the claimant (C) for,  parking charge(s) issued to vehicle xxxx xxx at Mcdonalds Bristol Patchway 562, highwood lane, patchway trading estate, Bristol, bs34 5tq.

2. The pcn details are xx/xx/xxxx -  xxxxxxxxxxxxxx.

3. The pcn was issued on private land owned or managed by C. The vehicle was parked in breach of the terms on C's signs (the contract) thus incurring the pcn(s).

4. the driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the pcn(s) is outstanding. The contract entitles C to damages. 

AND THE CLAIMANT CLAIMS

1 £170 being the total of the pcn(s) and damages. Interest at a rate of 8% per annum pursuant to s.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment 3. Costs and court fees.

What is the value of the claim? £170

Amount Claimed £179.16

court fees £35

legal rep fees £50

Total Amount £264.16

 

The Defendant contends that the particulars of the claim are vague and are generic in nature which fails to comply  with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular  allegation to which a specific response has not been made.

1. Paragraph 1 is denied. It’s denied that I ever entered into a contract to breach any terms and conditions of the stated private land. 

2. Paragraph 2 and 4  are denied.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 

 3. It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state if I was the driver at the time.

 4.  Paragraph 4 is denied the claimant has yet to evidence that their contract with the landowner supersedes Patchway Trading Estate byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract.

 5. Paragraph 1  under the CLAIMANT CLAIMS is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.

 6 Not withstanding the above on xx/xx/xxxx  I made a request pursuant to CPR 31.14 for the claimant to disclose its necessary evidence in support if its claim. To this date the claimant has failed to respond to said request

 Therefore the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered. 

 The Claimant is further put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

 The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the recovery or any recovery at all.

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FTMDave - many thanks for your reply, yes they are not very smart for people who are meant to be legal professionals , oh well its good to know it will help me later on.

Today i got a letter from the courts to say they acknowledge receipt of my defence, please see attachment. Thanks again for your help and guidance ;) 

 

2023-09-22 HMCTS - Ack Of Defence Filing.pdf

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dx many thanks for your reply. I will send them a letter in the near future just as you suggested. I'm in the middle of packing and moving as per my eviction thread. I always redirect my mail anyway.

That's a good point how did they manage to get my number, have i inadvertently put it somewhere i shouldn't have?

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