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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Compaq Presario 4000V Laptop


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Hi

I bought a presario 4000v laptop approx 16 months ago and all was well until the other day when it crashed. I couldnt turn the laptop off by the usual log off facility as it had crashed so i had to manually turn it off by the power. I then just got a white screen, the power was off but i still had a white screen so i disconnected the battery and when trying to turn the Laptop on again , i got nothing.

The laptop is dead, wont switch on and my warranty is finished, i am a bit annoyed as i bought the laptop through a scheme in work where i pay them monthly so 20 months left of payments and a dead laptop.

Ive checked with work and they wont cover it.

I bought this from PC world.

Can anyone help??

Lindy xx

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Might be best to have a look at this thread.

 

http://www.consumeractiongroup.co.uk/forum/pcworld/10022-laptop.html

 

As far as i'm aware, the Computers at Home government schemes aren't strictly covered by the Sale of Goods act as the product is owned by your employer and you are leasing it from your employer with an option to purchase at the end.

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Hi Spike

Thanks for your reply, i phoned work and if they would have provided me with a computer it would have been covered by them. However it was a voucher and they have said it the same as buying with cash.

So where do i stand?

Lindy x

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I THINK it would be under the Sale and Supply of Goods Act if you used vouchers. The difference is minor. (I say think as I do not believe that vouchers are "money" - read on).

SoGA covers transactions where money si consideration. SSGA covers transactions such as hire, gifts, swaps etc (hence the term supply).

Either way your rights are essentially the same.

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Guest retailerspointofview

the exchange of money was where your company paid pcworld in cash the sum of (voucher value) in exchange for a voucher which they passed onto you.

 

you inturn reimburse the company by them taking this money off of your pay before tony blair/ gordon brown gets hold of 20-40%

 

retailers can repair/replace the goods through you but they wont give you a cash refund. they can give you vouchers to the value of. but no cash refund. as this would be classed as fraud.

 

your company can request a cash refund but only after all other avenues such as repair/replacement have failed.

 

only problem is many companies due to admin and tax reasons are reluctant to ask for refund. as they would loose out.

 

so id suggest allowing retailer to repair or replace laptop or ask for vouchers to the value of replacement and use it for whatever

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Hi Spike

 

 

Thanks for your reply, i phoned work and if they would have provided me with a computer it would have been covered by them. However it was a voucher and they have said it the same as buying with cash.

 

So where do i stand?

 

Lindy x

 

It's not really the same as paying with cash, because the payments back to your employer are offset against tax. As such, you effctively get the goods cheaper than the retail value. Because of this offset, it isn't really possible for the store to determine how much you have contributed towards the goods and how much tax has been offset.

 

It is for this reason that I belive that a refund is almost certainly not going to happen. Possibly, the store may be able to exchange, but as the goods are owned by your employer until such time as you have made full payment, I believe it would require permission from them.

 

Not entirely certain though, that's the way I interpret the scheme.

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The issue is the passing of property as opposed to title. Your company (presumably) has title, whilst you have the property. Your rights are the same. They simply work slightly differently.

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retailers can repair/replace the goods through you but they wont give you a cash refund. they can give you vouchers to the value of. but no cash refund. as this would be classed as fraud.

 

What???? Do you even know what fraud is? Obviously not.

  • Haha 1

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Thanks for all your replies

I really only want the laptop repaired if possible but was worried as the item is no longer under warranty i wouldnt be covered and would have to pay myself?

I am not looking for a refund.

Should i just call PC world, i just wanted some backup incase they said no warranty no repair

Many Thanks again xx

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If out of warranty, then you would have to show that the laptop does nto conform to the contract. If this can't be done, then you would have to pay, though it will be worth checking the contract you have with your employer. There may be special arrangements contained in there.

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Thanks again

All i know is that i have a 16/17 month old laptop that has suddenly shut down and wont turn on, so i dont know if it doesnt conform to the contract. I havent damaged it, if i had its covered under my home policy.

I just annoyed that after 17 months its worthless.

Thanks for your help

Lindy x

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Guest retailerspointofview
Thanks again

 

All i know is that i have a 16/17 month old laptop that has suddenly shut down and wont turn on, so i dont know if it doesnt conform to the contract. I havent damaged it, if i had its covered under my home policy.

 

I just annoyed that after 17 months its worthless.

 

Thanks for your help

 

Lindy x

 

if it is stopped working try removing the battery and power lead and hold the power button for 10 seconds. this releases any static in the laptop.

 

next try it with the power lead without the battery. this narrows down if its the battery causing the issue.

 

next on the power adaptor there is normally a light. if this is lit then the power cable/adaptor is not the cause.

 

this 100% proves its the laptop.

 

before calling pcworld customer services ensure there are no dents, scratches or the power adaptor port in the laptop is not damaged.

 

then phone them up and tell them that it is not powering up at all. and you have tried all the etsts mentioned above. (this is usually what they ask you to do so it saves time if you do it before phoning them)

 

next tell them that you request them to arrange an inspection of the laptop to show it is not faulty due to your use. and under soga you want them to repair it within the reasonable time which the company class as 6 weeks (4 weeks in first year, 6 weeks after first year).

 

tell them you have noted the date and their own call logs back this up and if the issue is not sorted within that time period you will take them to small claims.

 

you may initially have to agree to pay for an inspection fee but they should reimburse you or just not take the money once they see it is not damaged.

 

one little thing to add.. tell them you have your laptop plugged into a surge protector when charging. (ensures they dont use the act of god excuse)

 

they will repair it. but refunding you personally in cash will never happen. they will refund your employer who will then give it to you through your pay (say goodbye to 20-40% for gordon brown/tony blair)

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if it is stopped working try removing the battery and power lead and hold the power button for 10 seconds. this releases any static in the laptop.

 

next try it with the power lead without the battery. this narrows down if its the battery causing the issue.

 

next on the power adaptor there is normally a light. if this is lit then the power cable/adaptor is not the cause.

 

this 100% proves its the laptop.

 

before calling pcworld customer services ensure there are no dents, scratches or the power adaptor port in the laptop is not damaged.

 

then phone them up and tell them that it is not powering up at all. and you have tried all the etsts mentioned above. (this is usually what they ask you to do so it saves time if you do it before phoning them)

 

next tell them that you request them to arrange an inspection of the laptop to show it is not faulty due to your use. and under soga you want them to repair it within the reasonable time which the company class as 6 weeks (4 weeks in first year, 6 weeks after first year).

 

tell them you have noted the date and their own call logs back this up and if the issue is not sorted within that time period you will take them to small claims.

 

you may initially have to agree to pay for an inspection fee but they should reimburse you or just not take the money once they see it is not damaged.

 

one little thing to add.. tell them you have your laptop plugged into a surge protector when charging. (ensures they dont use the act of god excuse)

 

they will repair it. but refunding you personally in cash will never happen. they will refund your employer who will then give it to you through your pay (say goodbye to 20-40% for gordon brown/tony blair)

 

 

The Tech Guys are a repair agent. Not the retailer.

 

If you ask them to look at it for you out of warranty, they WILL charge you and in all honesty, it isn't cheap. They will also not be liable for reimbursing you as you will have requested a service from them that they have carried out.

 

If you take this action, you may be able to reclaim it from the retailer, you may not. As advised, if on a government scheme you are leasing the product from your employer and as such, I believe that any contract that the store has is with your employer and not you. Again, i'm not certain on this and anyone who knows for definite, feel free to correct me. But as I read the government scheme, you are provided with a voucher to purchase equipment on behalf of your employer. You then lease this equipment from them.

 

My personal advice would be to contact customer services first of all and explain the full situation. If they request an independent report, ask them if they will cover the cost of it. Usually, they will agree to cover if the report confirms that the product has not developed a fault through misuse or neglect. This will save you personally from being out of pocket. Demanding action under the SoGA as RPOV has mentioned may not be the best course of action. Mainly because i'm not sure it would apply and it is purchased through the course of business (by your employer), which would mean it is not covered by this act anyway.

 

If you did use The Tech Guys, they would charge £120 for uplifting it. It could be argued that they are not truly independent if the outcome was not in your favour, so would be a waste of time anyway. Cash jobs are not given any kind of priority, so you could be without the product for a long time and you run the risk of not getting your money back.

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Of course, the only way if PCW won't do anything first off, is to prove it didn't conform to contract when purchased by getting a skilled engineer to examine the fault and produce a report, then go to SCC...

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Guest retailerspointofview

sorry i correct myself. i did not realise that the techguys are now classing themselves as a separate entity of the DSGi group.

 

from previous experience they were they repair department of the company. i did not realise that they want to class themselves as a separate identity from DSGI.

 

ok so to correct myself, call the pcworld customer services and tell them you have a dead computer, you have done the tests to prove it is not static, battery or the mains cable. and no lightning etc occured for it to be a act of god.

 

they will then obviously use techguys, but using pcworld customer services first means they have to find a alternative arrangement if techguys have now gone independant and are charging £120 for uplifts..

 

strange really.. no newspapers i read mentioned techguys was a independant. always thought they were the repair centre for thhe retail stores. dixons, currrys, pcworld.

 

if so spikeachu can you as a employee inform everyone here who DSGI now use as a inhouse repairer and the procedures customers have to go through to avoid paying £120. as this is news to me

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sorry i correct myself. i did not realise that the techguys are now classing themselves as a separate entity of the DSGi group.

 

from previous experience they were they repair department of the company. i did not realise that they want to class themselves as a separate identity from DSGI.

 

ok so to correct myself, call the pcworld customer services and tell them you have a dead computer, you have done the tests to prove it is not static, battery or the mains cable. and no lightning etc occured for it to be a act of god.

 

they will then obviously use techguys, but using pcworld customer services first means they have to find a alternative arrangement if techguys have now gone independant and are charging £120 for uplifts..

 

strange really.. no newspapers i read mentioned techguys was a independant. always thought they were the repair centre for thhe retail stores. dixons, currrys, pcworld.

 

if so spikeachu can you as a employee inform everyone here who DSGI now use as a inhouse repairer and the procedures customers have to go through to avoid paying £120. as this is news to me

 

I never said they were independent. In fact, if I recall, I said that a report by them may not be truly independent. They are still under the overall umberella of DSGi. But, and this is the point that you seem not to be able to grasp, they are not the retailer.

 

Furthermore, by following your advice, I was merely pointing out that the original poster may end up out of pocket due to this not being a normal scenario of a customer acquiring goods.

 

If you were to follow the Sale of Goods act to the letter, it would be the store or technicians there in that would determine whether it was static etc. The cause of the issue is of no concern to the customer as long as they were not misusing the product. The store must provide remedy.

 

As i'm sure i've said already on other threads in relation to your posts, the store can ask the consumer to call whoever they like. If the customer agrees to do this, that's fine and for some consumers this may be more convenient. But if the consumer says no, the store must sort the issue out.

 

I'm starting to think you only come on here now to cause conflict and confusion.

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