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    • Thank you for all of your consideration and time on my case The revised letter is fine and approved at this stage. As far as I kno neither the toilet or basin were replaced, the holw referred to by the calimant was an access point to a stop tap that couldnt be moved due to the location at below floor level in the garage A few minutes ago i gothome to a posted hard copy of the claim the original respond date was 4pm 9thJuly  In the same post delivery I recieved a further letter showing an additional 14 days for response to 4pm 23rd July I altered my copy of the claim form posted  earlier so that we were all ware of the revised date Spoke to my electrician earlier and she is considerring whether to put it in writing in a statement of truth She doesnt like confrontation and may not.  Follows from email 20th may   The door frames, where it’s all not fitting correctly with gaps and warped timber used.  A relatively simple fix  £25 . Skirting boards on the curved parts where it’s been filled with a filla and not even been smoothed out.  as above £25 . The architrave isn’t joining correctly with one piece with a cutting taken out of it. ive not seen this so cant comment but a simple fix . Sliding door, no stopper was used to stop it going all the way back and isn’t aligned to the floor. a door stopper was fitted The door slides fully into the pocket to maximise a very tight access witha 2ft 3" door . The extractor going into the boiler where a round tubes been used to an oblong pipe. It’s also held on by gaffer tape.   not a good standard and an easy fix £25 . The window hasn’t been packed correctly and one opening window isn’t aligned. an easy fix it took 1 minutes on my return from holiday . One piece of flooring isn’t sitting flush so will damage very quickly. I hadnt seen this,  the flooring supplied by the c,aimant was apoor quality Bnq with click systme that didnt lock weel so a boad may have risen up again an easy fix to replace one board £25 The toilet is far too close to the radiator and you can’t get up if sitting down. The defendant showed the claimant the size of the room right at the beginning and had discussions about it being a tight space I supplied a short reach pan to maximise space. Difficult to change probable cost £2-300 or more dependong on the final position . The stop tap I cannot get my hand in to be able switch the tap off.  I cut  a hole in the bottom of the basin vanity unit I wsnt particulalry pretty but I have large hands and could turn off the stop top it was below floor level as mentioned earlier  £25 to make hole even bigger . The window you are aware of that’s cracked and you are replacing.  this was carried out by the defendant, appointment on 10th June on return from holiday    The claimants email of 10th june shows an extended list of items that his builder carried out in claimants absense while I was on holiday and without my consent  Quality of skirting board that was fitted around the curved wall inside the bathroom and also in the lounge.  see above . Toilet fitted too close to the radiator where you could potentially burn your leg Claimant shown this at outset I cant  comment too much as I have no measurments see above . Hardly no space for you to get off the toilet when sat down, especially if you are tall.  This was pointed out prior to fitting the floor . The hot and cold feed were incorrectly placed to the wrong connection on the sink  Easy 5 minute flexible pipe swap over £10 . The vanity unit isn’t suitable due to the position of the stop tap. Small hole cut in the vanity unit base to try and switch the tap off  see above . No caulk used around the door frames  easy fix £15 . The extractor fan, where you used a plastic round tube, going to a square tube that was held on by gaffer tape. The square tube then went into a round hole on the outside, this was then filled with foam gap.  Easy fix £25 . The pocket door felt like it wasn’t fixed well, the door at the bottom wasn’t sliding on to the runner very well and you had to help it onto the run. Also no lock on the door.  a relatively easy fix £25 . The boiler door frame had to be replaced due to the timber that was used. The door also was replaced due to the door being fitted to fix into the twisted door frame wood. The door had been shaved so it would fit into door frame that was twisted.  I wasnt aware of this prior to my holiday The architrave used inside the boiler room was short, had a piece taken out of it. The architrave in the toilet wasn’t fitted well.this is subjective . You used two single sockets for the bathroom and boiler room. Where I only needed to have I double switch. I fitted a 2 gang light light switch . The door frame going into the garage you left gaps between the wood and the wall.  maybe required a little filler of quadrant bead£10 . Door handle not fixed correctly and is stiff  easy fix £5 . The window, one opening window doesn’t look level, the other you can’t open it and leave it slightly open in a lock position  fixed by me on my return . Skirting by the radiator, the hole had been cut too big and had just been filled with filler.  ?? £10 to make good? . One plank of flooring wasn’t fitted flush and my toe caught it sitting upwards. poor quality flooring supplied by claimant an easy fix £25   All pricing is subjective as I didnt have the chance to  look at the complaints   Except for moving toilet and replacing pcoket door all snags are relatively minor items That could have been easliy remedied Interestingly he doesnt mention taking out the pocket door wall, lifting up the floor to move the toilet replacing drains and making new wall      
    • That's great news and thank you for letting us know. I'll amend your thread title. HB
    • Ironically, 2 weeks after no updates the parcel has been located and delivered today!! maybe the Evri system is not as bad as it used to be (for me, at least...). Annoying that I spent 3 hours yesterday brushing up on my consumer legislation, but at least I'm well equipped to handle any more issues going forwards! Apologies to have used up the forum's bandwidth and feel free to mark as "resolved".
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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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GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5TZ


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Hi

1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27

2 Date on the NTK  08/04/2024 (Date of Issue)

3 Date received Monday 15/04/24

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes

5 Is there any photographic evidence of the event? Yes

6 Have you appealed? [Y/N?] post up your appeal] No 

7 Who is the parking company? GroupNexus

8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T

'operating in accordance with the BPA's Code of Practice'

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

I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident.

My understanding is that this is outside the window for notifying.

The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th.

Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time?

All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10/04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!).

My husband was present when it arrived - is a family member witness considered sufficient proof?

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  • dx100uk changed the title to GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5 T

Hi and thanks

It looks like they ticked all the boxes to me but I'll try and upload the notice.

I was wondering if a witness to late delivery might be considered proof

- I'm assuming they posted it as normal but Royal Mail stuffed up delivery.

If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying!

edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃

 

2024-04-08 GroupNexus PCN event 2024-03-28.pdf

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Hmm yes I see your point about proof of postage but nonetheless...

"A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either

  1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
  2. (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales."

My question there is really what might constitute proof?

Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.

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Unless I've got an incorrect copy of the relevant regulation:

The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved"

in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof.

It seems perhaps this hasn't been tested.

Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...

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  • dx100uk changed the title to GroupNexus ANCR PCN - Petrol Station Roadchef Tibshelf South DE5 5TZ

Thanks for all the replies - all very helpful.

Sorry for the delay in responding - I forgot my password and managed to get myself locked out, which meant I could read but couldn't reply.

Dx100uk  Thanks for that very clear (and patient) explanation - I completely get that now. Ok so I'll drop that unless we get to court.

Lookinforinfo Good spot on Section 9 [2] [e] (i) - I think you're right they don't actually ask me to pay do they, they only say they have the right to recover the charge from me after 28 days.

Your 2nd point might be less convincing, given the length of time the vehicle was there. Sadly I don't know how long parking is permitted for free. Perhaps someone on here can help with that.

For context so you have the full picture,

the driver entered M1 Tibshelf services not expecting to park at all (and therefore didn't bother to look for parking signs), they were feeling a little funny and thought a coffee might help.

They drove into the petrol station area and pulled up in a parking bay at one side of the pumps and went in to get a take out coffee.

On returning to the vehicle they were suddenly overcome with a violent attack of dizziness and nausea and couldn't stay upright.

After lying flat and unable to move (and feeling extremely cold) for what was apparently some 4 hours they recovered enough to be able to drive on.

The coffee was now stone cold of course which was a very annoying waste of 3.50!

On recovering, the driver looked round without getting out of the van but couldn't see any signs at all near those few bays so mistakenly assumed the petrol station bays didn't have parking charges.

One more question - on other threads people have suggested contacting the land owner to ask them to drop the charge. How would I find out who the landowner is, or perhaps should I write to the manager of the petrol station?

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"Do you have any proof of this?" 

No no proof sadly, only that the vehicle arrived at 9pm and left at 01.27 - and who wants to drive in the middle of he night if they don't have to? I've read that pleading illness hasn't been accepted for appeals. Has Frustration of Contract been accepted in court then?

Thanks for the contact details - how should I handle revealing driver details when I contact him? Do I try to keep the driver anonymous or do I just take the risk and tell all?

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