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    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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Carphone Warehouse Mis Sold Contract


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Guest weegirl

RESULT!!! I got an email from Carphone Warehouse just now confirming that they will pay half of our remaining 6 months' contract.

 

Amazing what a bit of ranting can do, seems that being nice to these people doesn't get you anywhere. Thanks for all your advice!!

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When I was at Carphone Warehouse, telephone advisors were instructed by senior management not to offer to listen in to calls when customers claimed they had been lied to. It was felt that it was better to assume that the advisor who had made the alleged claim was telling the truth.

 

The manager in question may not have been keen for the call to be listened into, as he would have had to have listened to it himself. That is, of course, unless he accidentally forgets to do so... I often took calls from frustrated customers who were promised a call from a manager within 24 hours, but days later no-one had got back to them.

 

In my department, every time a customer phoned, it was the responsibility of the person the customer spoke to to deal with them, regardless of who they had dealt with previously. Some cynics might argue that this encourages staff to spend more time making sales and less time dealing with customer service queries. When the customer rings back to kick off, it won't be their problem...

 

By the way, to the best of my knowledge, if you can supply the phone number you called in from, then CPW should have recordings of all your calls.

 

I would drop an email to Charles Dunstone, the CEO. His email address is [email protected]. He does read his own emails, and an email to a senior manager from his office does focus minds...

 

Jeff

 

I've just had an interesting conversation with the Carphone Warehouse Customer Service Manager. I finally managed to get speaking to him after ringing up in a rage and refusing to get off the phone until I got someone. After relaying (again) what had happened, he assured me it was being dealt with, I replied that in all due respect, I had been hearing that for 2 months. He then informed me that "you got the contract you agreed to" I challenged him on this, and he said that “It didn’t specify details in the call recording” when in fact I was informed by Carphone Warehouse previously that they couldn’t trace the call recording! When I challenged him about this fact, he went silent for as he realised he was caught out on a blatant lie. I also questioned him as to why he was trying to tell me what was said in telephone conversations when he wasn’t involved and didn’t know what was said. What a plonker! The fact that I have caught out the Customer Care Manager like that just proves how I have been fobbed off for the past 2 months about this matter. Lets face it, if he can lie, I think this is proof of the general attitude of the staff. I have taken the time of the telephone conversation and will be reporting this to the owner to try and track down.
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I used to work for the loyalty department.

 

In my opinion, the big problem with the loyalty department is (at least when I worked at CPW) that it is about both sales and customer service. The longer an advisor spends dealing with customer service issues, the fewer calls they will be able to take from customers who want to upgrade. As a result, they often wouldn't take the time to properly deal with the customers' problems.

 

BTW, a tip for anyone renewing their CPW contract with the loyalty department: don't take their first or second offer, as it is unlikely to be their best deal. And I would ring up saying I want to cancel, not that I want to upgrade- the more they think you want an upgrade, the worse the package is that they are likely to offer you.

 

Jeff

 

 

I speak to TMobile Loyalty department on a regular basis and they are constantly saying that CPW employees give misleading info.

 

Would like to ask them what there definition of "Unbiased advice" is.

 

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Guest weegirl

Funny, when I got my response from the customer services team the email said that there was a 'misunderstanding' with the Manager that I caught out. They didn't answer any of my questions I raised about his behaviour, and skipped over the mis selling of the contract, apart from to say "you got what you were entitled to". If this is the case, why are they refunding me? Because they like me? (after the abuse I gave them, I would hardly think so). Honestly, I don't know what planet these people are on, I can smell the bull**** over the Irish Sea.

 

I have been in touch with Mr Dunstone's office. I originally would have been happy with a cheque, but after the abuse I got, I am pushing things further. May not get anywhere, but may ruffle a few feathers!

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They may have offered the refund because you are entitled to receive copies of the recordings of all your calls for a small fee, so you could have proved your case easily.

 

The advantage of emailing Mr Dunstone is that if someone is telling porkies regularly, then they hopefully won't last long at the company. When I was there, one guy was suspended because several customers emailed him to say that this guy had lied.

 

Regards

 

Jeff

 

Funny, when I got my response from the customer services team the email said that there was a 'misunderstanding' with the Manager that I caught out. They didn't answer any of my questions I raised about his behaviour, and skipped over the mis selling of the contract, apart from to say "you got what you were entitled to". If this is the case, why are they refunding me? Because they like me? (after the abuse I gave them, I would hardly think so). Honestly, I don't know what planet these people are on, I can smell the bull**** over the Irish Sea.

 

I have been in touch with Mr Dunstone's office. I originally would have been happy with a cheque, but after the abuse I got, I am pushing things further. May not get anywhere, but may ruffle a few feathers!

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