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    • Notice how Kev goes about his scam.  In Kahunaburger's case they left the car park well before the time shown on the ticket they had purchased.  But because Kev added on the time taken to look for a parking spot and queue to pay/try to get an internet signal he still sent them an invoice. So If you had left before the Justpark message, say at 3:55, Kev would still have managed to turn that into a stay of 4:06 and thus an overstay and an invoice. Unfortunately for Kev, judges have ruled against his reasoning.  Have a read of this famous case  http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html  
    • Its okay - It happens. And this is why DCAs  user every trick in the book to try and make you crack.  Now its time to come back.    Im not sure how to proceed if Im honest if they have issued a Letter Of Claim.  Only as You could complain to Oakbrook and they still proceed with Legal Proceedings, but I dont know if that would help or hinder the legal proceedings if they began down that avenue.  I know a FOS complaint wouldnt stop Legal Action and probably run along side it.  But I guess a judge would view a disputed balance with the original creditor as cause for concern whether the DCA's claim is valid?    A bit of a muddle.     
    • That is superb. To answer your question - Dear Mr Dhaliwal Change the sentence - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us ... To - As our disabilities were ignored and disregarded for the time taken I believe this is discrimination against us contrary to the Equality Act 2010. Iceland have always been useless, not only in your case but in others, but I think if they realise they are breaking the law it will encourage them to act. I also think the letter is overlong and you could lose the paragraph - I cannot afford any unfair charges of this kind as I am severely struggling financially. I cannot work and am a carer for my disabled Son who also has a mental and mobility disability. I obviously do not have any disposable income and am in debt with my bills. So its an absolute impossibility for me to pay this incorrect charge - as the main points are made elsewhere.  
    • Hands up in the fact that i have probably F***** *P!!
    • Car Finance Awards celebrates best of the industryView the full article
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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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Excel ANPR PCN Letter Of Claim - Appealed - Gallagher retail park, Huddersfield, HD5 0AN


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It's a shame that you threw away the original PCN. That document lays out their claim plus includes the wording in the Protection of Freedoms Act 2012 Schedule 4 .If they get the wording right they can then transfer the liability form the driver to the keeper if the charge is not paid within 28 days. The Act has been in force for 12 years now so the braindead at Excel still haven't probably managed to do it right yet  

So it's good that you have not as yet named the driver. If the PCN is incorrectly worded then neither yourself nor the driver can be pursued. You can send them an SAR where the should send you the details that have on you including the original PCN.  If they fail to respond in the allotted time you can sue them and when they send you their Witness Statement they have to include their first PCN.

I expect they are using ANPR to record your  time in the car park. Sadly for them that is not the parking period since there is some driving involved in getting to a parking place and then driving from there to the exit plus being held up en route because of traffic, pedestrians etc.

On top of that there is a Consideration period and a grace period which are 5 minutes and 10 minutes respectively. These times are MINIMUMS something that the ignoramuses at Excel have failed to grasp so do not worry- your hat trick is in sight.

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  • 4 weeks later...

Write to DCBL asking them if the £70 charge is made by them or are Excel demanding the charge. Also ask  if the charge includes vat. If it does why are you expected to pay their vat? Explain that you will need to know these answers before you go to Court and they already know that you are not going to pay so you are looking forward to going to court.

Give it a few days and write the same letter to Excel apart from reversing  DCBL and Excel's names at the beginning. IE write to Excel asking them if the £70 charge is made by them or DCBL. Then continue with what was asked in the first paragraph.

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