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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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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 
      • 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

EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND


Recommended Posts

1 Date of the infringement 04/04/24

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/04/24

3 Date received 13/04/24

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] No
Have you had a response? [Y/N?] post it up n/a

7 Who is the parking company? Euro Car Parks

8. Where exactly [carpark name and town]

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

..................

 

Hi all

I just stumbled upon this forum,

we've had a PCN through and thought I'd consult with the experts before I take any action!

Hopefully I've filled this all out correctly so you can see everything you need, but let me know if not and I'll try to sort it out.

Thanks in advance for your help!

 

 

2024-04-10 EPC NTK for event 2024-04-04.pdf

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Thanks for filling in the sticky so quickly - we wish everyone would do that!

More in a mo.

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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

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You left the PCN number showing, but no worries, I've redacted it.

Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court.

You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?

 

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

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This is the one that is free for two hours?

Which is well known for not having enough time for customers to do their shopping/browsing at this site.

Ask HBC what planning permission they gave ECP regarding the time limits for parking.

 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The NTK is not compliant because it states you overstayed but does not state what their permitted parking period is.

Anyway the permitted parking period cannot vary from the original period when planning permission for that car park was granted, I suspect it was an all day job or certainly longer than 2 hours 45 minutes.

It's always worth getting on to the shops you visited socials and declaring how you will never shop there again and drop an email to the CEO of the store you spent most money it.

Other than that it's waiting time for a Letter Before Claim, then snotty letter time.

Be prepared for a flood of every increasing threatening letters from the PPC and their tame DCA.

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On Parkopedia and on  Google Maps the maximum period is shown as two and a half hours.

But that originally the limit was three hours.

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

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

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  • dx100uk changed the title to EPC ANPR PCN - Solent Retail Havant Car Park, PO9 1ND
  • dx100uk changed the title to EPC ANPR PCN - Overstay - Solent Retail Havant Car Park, PO9 1ND

thread title updated

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is this place near to you?

I ask for two reasons.

If you can easily go back, then get photos of the signs.  On GM and Parkopedia there are various comments about the signs being pants.

Also go back to the school uniform shop and ask the manager there for contact details for the retail park (which I've Googled & Googled and got nowhere).  The school uniform shop will just be tenants of the retail park, they won't be able to do anything.  It will be the retail park that called EPC in, and we've seen loads of cases where the organ grinder has intervened and called off the monkey. 

As for EPC, aye, ignore them until LoC stage.

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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

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

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Thanks Dave

It's not too far away, about 8 or 9 miles,

I will probably venture over on my bike if I can't think of a good reason to drive there again!

I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park.

The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.

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Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges ".

It does not say that even though it continues correctly with blurb about the driver.

The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc. 

All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park.

However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving.

So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 

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  • 1 month later...

Hi all!

I've now had a "final notification letter" through from ECP.

I assume I should continue to ignore this, but is there likely any action I need to take?

Do you need to see a copy of the letter?

Thanks

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safe to ignore

plenty of ECP final notification PDF's here already .

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think Stockford Anderson are the land owners there. You could ring their London number 020 3443 8500 to confirm.

if so the CEO paul Anderson and his son Aaron are about to climb Mount Everest to raise money for Dementia UK. There have been a number of fatalities on the mountain recently though the CEO of Iceland did complete the UK Dementia challenge last week.

However the winds over Everest are going to increase in the next few days so anyone not on the way up at the moment are likely to be prevented from climbing.

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