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    • Something else to add to your WS.  I have just reread your NTK and it is not compliant with PoFA. That means they can only sue you as the driver, not the keeper so it is important that you do not divulge who was driving. Schedule 4 paragraph 9 section [2a] and [2f] refer. (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   If you compare the above with your PCN you will ind that they have missed   (if all the applicable conditions under this Schedule are met]. So they have not complied with the wording in Schedule 4 where it says that the notice must. And in Law must means must.   They cannot assume that you were the driver so put them to strict proof that you were the driver. Bear in mind that anyone with car insurance is able to drive the car. Whenever you receive their WS please post it up and we will tear it to pieces to add strength to your WS.      
    • Just to confirm.  You have sent the snotty letter, haven't you?
    • OK, back again.  So.   4.  We don't know.  It is up to VCS to prove the do have PP.  And as in just about every VCS case they show total contempt for the legal procedure and never obtain PP we can hazard a guess as to which it is.  This is a breach of their Code of Practise which they sign up to where they state they obtain all legal permissions.  No planning permission is a criminal offence under The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and means a contract cannot have been formed with them.  To give the extreme example which is usually quoted.  Someone promises a hitman a large sum of money for carrying out a murder.  The hitman does so but is never paid.  The hitman cannot sue for the money as murder is a criminal offence.  That is an extreme example but the point stands.  If you want to be sure, contact the local council and find out if VCS have PP.  They won't.   5.  Should you really owe this money. VCS are entitled to sue you for £100 plus their costs.  But they are suing you for £160 plus their costs.  Where has the extra £60 come from?  They've just made it up.  We've seen cases where VCS actually won at court, but the judges invariably disallowed this extra £60.  Some judges have been so annoyed with VCS's antics that they have chucked out the whole case on the basis of the made-up £60 alone.   As well as the airport threads HB advises, have a read of EL21's excellent Witness Statement at, I think, post 120 in  https://www.consumeractiongroup.co.uk/topic/430570-vcs-2vanishing-windscreen-pcns-now-claimform-brook-retail-car-park-ruislip-claim-dismissed/page/5/#comments  Don't worry, you don't have to write a document like EL21's!  Although EL21 was in a retail park, not near an airport, a lot of the legal arguments are the same.  
    • Hello,     I need some advice / help regarding a dispute I have with Sofology. Not another one I hear you cry!     We bought a sofa from Sofology after seeing one in their showroom and falling in love with it. The sofa is less than 4 months old. We complained about the quality of the sofa:     excessive wrinkling of leather insufficient padding improperly installed - the legs under the two seater part (it's a corner sofa) hover above the floor and do not make direct contact.     They sent a technician round who met with my partner who was mentally unwell at the time. Shortly after she was admitted to a mental health hospital for treatment but is safely back at home now. She was dealing with Sofology, but I have taken over as she is currently not able to cope with this and many other day to day tasks.     Some photos below:   Sofology closed the case after their visit stating their technician found nothing wrong with the sofa. I wrote to Sofology asking them to reopen the case and provided various photographs. An extract from my email:     I am not content with the response from your technician. The sofa was delivered in July this year. It is less than 4 months old. I understand leather is a natural material and stretches over time but, the stretching the sofa has suffered is excessive given it’s age. Our sofa is not as firm as the one we saw in your Cambridge showroom and the condition of the leather (it’s tightness) is also worse, despite presumably many people sitting on the showroom sofa to test it. I would go so far as to suggest ours is made to lesser standards, with looser fitting leather and less/softer padding. It is worth noting that these issues are localised to the two seater segment of the corner sofa. The corner section and single seater return are not affected in this way. This demonstrates that the problems are not prevalent across the entire sofa, and that the manufacture of the two seater section is of a lesser standard. I trust the information above is enough for you to reopen the case and send another technician for a second opinion?     Their response to this appeared to by some standard wording about this is normal; you need to sit on different seats and rotate the seat cushions blah blah.     If they had bothered to look at my case in detail, they would have seen the cushions are fixed. I've just written back to Sofology with a stronger tone informing them they have not adequately addressed my concerns. That the sofa they have supplied is of unsatisfactory quality. It is of lesser quality than the sample sofa we viewed in their Cambridge Showroom. That they must re-open the case and that these issues remain raised within 6 months of receiving the goods.     I feel like this is just the beginning of a long uphill battle. Any advice would be greatly appreciated.     With best wishes,      
    • Thanks for answering my post - much appreciated   dx -  I have sent a SAR to Moneybarn.   The letter I got was from DWF Law LLP stating they represent Moneybarn.   The agreement is 60 months. First payment was made in June 2020. To date I have made 12 payments between June 2020 to Oct 2021. (Sorry I am dyslexic and my maths isn't good enough to calculate 1/3☹️   Noted - I will not communicate with Moneybarn / dwf verbally.    Apart from the SAR, shouldn't I be applying for a Time Order?   Regards LH2021   @Kyosanto Hello    Yes - Not planning on speaking to them ever again!! From now on, everything will be in writing as you and dx have advised. I have indeed sent a SAR to Moneybarn.   I terms of the car - I jumped in with 2 legs and and at the time I was able to afford the car. I would like to keep it, continue on making payments and clear arrears.    Thanks for your assistance. 
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Screwfix (The Shop) and my details.


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I went to screwfix today (first time) to get some bits and bobs, filled in the Argos style product code slip and went to the counter.

 

Once there, the assistant took the slip, then asked for my full name, postcode and house number, i asked what they would be needing them for and she replied that they need to make a customer account and if i don't give my address and name she wont be able to take my order.

 

Stupidly i gave my real address (i hate company's sending me post + they always seem to sell my details on, as i will receive, no doubt, catalogs, flyer's, special offers etc from every DIY store in the UK now)

 

The other thing that :evil: me, after i had put my pin in, she asked to see the card, i was dubious, but i handed it over, she proceeded to read off it and type it in the computer, i asked what on earth she was doing writing down my card details, reply was to finish off my customer account by adding the last few digits of my card number.

 

I know this may seem extremely pedantic to most, but it royally annoyed me.:)

 

Can I write to them and ask them to delete my address and any other details, under the Data Protection Act or other?

 

Thanks

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I had a similar thing in PC World...I was buying a box of CDs and the woman wanted all of my details...I asked what for, and she told me it was because if I was a business then I would get a VAT receipt...I told her that it was none of her business and that I wouldn't give her my details...she said "sorry, no sale" so I went to Maplin instead...

 

What is it with these companies...they want your money, then they want you to spend a further five minutes of your own time, unpaid, populating their marketing databases...jeez...as if I don't have enough to do in the daytime...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Data Protection Act 1998, Schedule I Part I - The Principles of Data Protection:

 

SCHEDULE 1

THE DATA PROTECTION PRINCIPLES

PART I THE PRINCIPLES

1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-

  • (a) at least one of the conditions in Schedule 2 is met, and

  • (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. Personal data shall be accurate and, where necessary, kept up to date.

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6. Personal data shall be processed in accordance with the rights of data subjects under this Act.

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF ANY PERSONAL DATA

 

1. The data subject has given his consent to the processing.

 

2. The processing is necessary-

  • (a) for the performance of a contract to which the data subject is a party, or

  • (b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing is necessary in order to protect the vital interests of the data subject.

5. The processing is necessary-

  • (a) for the administration of justice,

  • (b) for the exercise of any functions conferred on any person by or under any enactment,

  • © for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

  • (d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

6. - (1) The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

(2) The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.

 

a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a.

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So -

 

1. Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-

 

1. The data subject has given his consent to the processing, or

2. The processing is necessary

 

Neither of these conditions, nor the remaining conditions shown, are true...

 

a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a. a.

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Something similar has bugged me for a while. When giving a refund on a faulty item/unwanted gift, many shops now ask for your postcode and enter it in during the refund process. Their reason is that it's to deter fraudulent refunds. Are they allowed to do this? Are they also allowed to make it a condition of the refund, if it's an unwanted gift and not faulty? HMV have been doing it for years now, and I noticed Maplins started it about six months ago. There may be more.

-----

Click the scales if I've been useful! :)

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A lot of companies collect the information to sell on to other companies. They get around £2.50 per name and address. Besides their own junk mail, you get other companies calling and sending out stuff to you as well.

I rarely give out my information unless i really have to. With chip and pin they really don't need to check your card security at the back these days.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Something similar has bugged me for a while. When giving a refund on a faulty item/unwanted gift, many shops now ask for your postcode and enter it in during the refund process. Their reason is that it's to deter fraudulent refunds. Are they allowed to do this? Are they also allowed to make it a condition of the refund, if it's an unwanted gift and not faulty? HMV have been doing it for years now, and I noticed Maplins started it about six months ago. There may be more.

 

They may not make it a condition of a refund because there is no provision for this in the Sale of Goods Act. In fact, I believe that refunds under the SOGA are to be *unconditional* once it is agreed that you are entitled to one.

 

If they ask, just tell them that you're "no fixed abode".

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Are they also allowed to make it a condition of the refund, if it's an unwanted gift and not faulty?

 

Hate to quote mesel'... ;) I just find it intrusive and, and well, just downright nosy. :-x

-----

Click the scales if I've been useful! :)

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This is of course assuming the goods are faulty.

 

I believe that refunds under the SOGA are to be *unconditional* once it is agreed that you are entitled to one.

 

Was that not what I said?

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Guest Gertie100

Along the same lines...I thought chip and pin was meant to remove the need for anyone else to touch your card, therefore stopping fraud. So why have so many shops kept the swipe function and then ask you to input your pin? (ie Tescos, and I know we all hate them!!!!)

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Something similar has bugged me for a while. When giving a refund on a faulty item/unwanted gift, many shops now ask for your postcode and enter it in during the refund process. Their reason is that it's to deter fraudulent refunds. Are they allowed to do this?

 

Note that not every UK address has a postcode.

 

(Amazing, isn't it? I worked with a chap who told me his address has no postcode. He asked the Post Office why not, and they told him they only assign postcodes to addresses if it would help them deliver mail. He asked what he should do when asked for a postcode, and they said if they were him, they would put the postcode of the post office.)

 

Tim

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Note that not every UK address has a postcode.

 

(Amazing, isn't it? I worked with a chap who told me his address has no postcode. He asked the Post Office why not, and they told him they only assign postcodes to addresses if it would help them deliver mail. He asked what he should do when asked for a postcode, and they said if they were him, they would put the postcode of the post office.)

 

Tim

 

Whoever he spoke to in the "Post Office" was either braindead or telling porkies. Every address in the UK has a postcode.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Regarding the postcode for refunds. We are meant to ask every person for a refund, yet if you were to ask 99% of people why they would have no idea.

Just refuse to give it, and if they try to stop the refund just mention the DPA and that its not relevent.

If everyone goes wrong then make up (make sure it is made up and is invalid), a postcode, as half the systems just record and do not check the address. (Only do this when it really isn't relavent)

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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What makes you think that?

 

Because it's fact.

 

Every house and business in the UK has a postcode.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

I used to work at Comet Service Centre, I would presume the reason they assk you for your details, is to record it on the system should your item become faulty. If you give your details and later need your purchase servicing or exchanging and you lose your receipt it's much easier to provide your postcode than to rummage around for old receipts! Although I'm pretty certain it was only for certain purchases e.g. you wouldn't be asked for your details if all you bought was a ream of paper. Maybe other stores should take Comet's example!

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Along the same lines...I thought chip and pin was meant to remove the need for anyone else to touch your card, therefore stopping fraud. So why have so many shops kept the swipe function and then ask you to input your pin? (ie Tescos, and I know we all hate them!!!!)

 

It's incase the card's chip does not work and not all card have a chip and pin function.

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