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    • Here's something I'm hoping to clarify before I get in trouble for it:   There is a street close to where I live that was transformed into a temporary Pedestrian and Cycle Zone due to a school that's there. I know I can't enter it during those times, but can I be fined for having my car parked on that street while the zone is active? So far I have only heard one interpretation, from my neighbour, who said you can have your car parked there and you can exit the zone while it is operational, oddly enough, but before I take her word for it I want to get some more opinions on the matter.   For reference, here is what the Council's own website states: "It is an offence to enter or drive in an active school Street without a valid school street permit." (emphasis mine) Would this prove my neighbour right or can they still find a different interpretation to it that would carry the risk of a fine if I park my car there?   The sign for the zone is very similar to the image attached below, only different operating times.      
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    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. 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.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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Citroen Saxo Clutch, do i have to pay for it?


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A few weeks ago i bought a X(2001) Citroen Saxo Diesel from a garage i found through Auto trader. I travelled 74 miles to the garage and when i tried the car i mentioned to the sales man that i thought the clutch seemed high, he then got in it and threw it about a bit and said it was fine. I drive a car and no nothing about how it works presumed this to be the truth.

I picked the car up 10 days ago and the salesman who sold me it was off and what seemed to me the boss asked me if he had mentioned warranty. I told him that i had been told(as an example) if something like the gearbox dropped out that they would fix it to which i stated i lived over 70 miles away and he said they would probably send a cheque(salesman said this not boss). I was then given a 3 month(silver) warranty that they purchase from a company for £120 and he made a remark about how they had lost money on the car thanks to the salesman!

When i hit the motorway on the way home i noticed that the clutch seemed to be slipping so the next day my father took it to the local citroen garage who to put it bluntly said the clutch was knackered! The mechanic contacted the garage as in his opinion i should never had been allowed to drive that distance with the clutch. The garage(i bought it from) seemed to be under the impression the warranty would cover it and so today it went to be fixed.

The mechanic rang the warranty to get authorisation and told them that the bearing had siezed causing the damage to clutch and plate and gave the cars mileage which apparantly didn't match as the garage(i bought it from) had put the wrong mileage down. The warranty had 82500 and the mileage was 82370 he was then told it was wear and tear and they wouldn't pay out.

My father then rang the garage(i bought it from) and was told that something would be sorted(for payment) and to ring back after 4.

The total bill was £300 and several times after 4 we couldn't get hold of the boss only a salesman who stated that they had lost money on the car and they would have done it for less which i'm not sure where as they only sell the cars hence the warranty.

I now have a bill for £300 which i can not afford to pay and not sure if i can force the garage to pay all of it or something towards it.

Sorry for such a long story but does anyone have any advice

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Send them a LBA then sue - absolutely the garage is liable for the entire cost of the repair.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Forgot to explain why i was offered only £70.

After numerous attempts today trying to get hold of the boss i gave up(have a 3 year old can't sit dialing the phone all day) anyway eventually my father got hold of the salesman who sold the car who was instructed to offer us £70.

This is half of what they could buy the clutch for and the labour on a diesel car?? Yesterday it was £70 and £150, not sure which one was labour and which was the clutch price, £250 yesterday £140 today.

On my bill the clutch itself before vat was £130 so how they get that i don't know but unfortunately with my father being told by trading standards that we "would struggle" with this he has accepted the offer(not received it yet tho). Which is great as i have the £250 to find!

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I doubt you "would struggle" - the dealer has a responsibility by SOGA to provide you with an item which is durable, fit for purpose etc. If not, then he must at least cover your financial loss in not doing so. This DOES apply to second hand cars if sold by a dealer. To me, it is a black and white case - worried that trading standards see it differently!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Oh! I'm confused now, with trading standards telling us this we thought £70 was the best we could get and unless they don't send the cheque (which i presume they will as they will know all this) I guess i'm stuck!

Sorry but what is a LBA and who is SOGA?

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to summarise the contract

from purchase date to a certain reasonable time, noted via DTI factsheets this may only be a few weeks. if the purchased product is faulty the buyer has the options of either

*repair

*replace

*refund

which the initial owner/seller of the product has to honour within reasonable time, with least inconvenience and without costs to the buyer and minimal costs to the seller.

 

in this short period from purchase the least inconvenient option is of course a replacement or refund.

 

after the short period a refund/recission of contract cannot be authorised unless the initial owner/seller breaches the contract by either.

*not offering any method of repair or replacement

*not doing so within reasonable time.

or if their are other circumstances which warrent a recission.

 

Found it on another thread

Would it still cover me as the garage(i bought it from) never carried out the repair as i couldn't have drove 74 miles with the clutch in that state as i may not have got that far!

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