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    • Autocorrect typo. For “ admission instructive settlement" read "administrative settlement"
    • No such thing as bailiffs in the north anymore. HMRC have certain statutory powers, but obviously, they don't apply here. The legislation is much like the rest of the UK: MB either chases the debt themselves or sells it (or a %age) to a DCA. The DCA has no more rights than the original creditor had. They have to apply for a collection judgment against you through the Enforcement of Judgements Office. Hence @lolerz blunt point that
    • This is the full appeal & response :    You reported that you were the registered keeper but is not prepared to state who was driving at the time the parking charge was issued. You reported that you are being held liable for the parking charge.         You completed the appeal on 09/02/2023 18:19:20. Upon arriving at the shopping centre The driver attempted to park in the disabled bay, which at the time was encroached by another vehicle already parked well outside of their bay, not displaying a badge. Due to the nature of the visit, the driver was required to park promptly and exit the vehicle, whilst displaying the blue disabled badge. Upon appealing, apparently the only thing that matters in this case is the sign post stating the parking bays must be adhered to at all times. Without any recognition for the fact the driver was physically not able to park elsewhere & correctly displayed their blue parking badge     The operator made their Prima Facie Case on 16/02/2023 15:02:06.   The Operator Reported That... The appellant was the driver. The appellant was the keeper. The operator is seeking keeper liability in accordance with PoFA.. ANPR/CCTV was used. The Notice to Keeper was sent on 15/12/2022. A response was received from the Notice to Keeper. The ticket was issued on 09/12/2022. The Notice to Keeper (ANPR) was sent in accordance with PoFA. The charge is based in Contract.   The Operator Made The Following Comments... The vehicle was not parked fully within the confines of a marked parking bay whilst parked in one of the carpark that we manage. Signage displayed throughout the site states "Vehicles to be parked within the confines of a marked parking bay". As the vehicle was in breach of the terms and conditions that are stated on the contractual signage throughout the site, a Parking Charge was issued.  As stated in the NGP initial appeal:  Arrived on site with a disabled passenger & as is visible in photo, we were unable to park in the disabled bay due to the other vehicle in the photo encroaching the disabled bay, meaning my passenger could not physically get out of the vehicle if we had parked between the marked lines. Please see photo for proof of blue badge & photo of parking on the day. Blue badge was displayed whilst parked.  >> We would just like to clarify that upon receiving their appeal, we reviewed the CCTV footage from the date in question and at no point did a passenger leave the vehicle nor is the keeper mentioning these facts to this IAS appeal.  We note that during the appeal process that we were provided with a disabled badge, but not the full badge showing whose badge this belongs to. Nevertheless the driver failed to correctly park within confines of the bay.  However for the IAS adjudicators viewing only we have attached a file titled "PCN 400786" This file shows the events that occurred with the driver on this date.  Please see file titled "Malpas Road Shopping Park" which shows what the signage looks like onsite.  Please see the file titled "Vehicle Location" which shows where the vehicle was parked and where the signage was located near by.         I am satisfied that the Appellant was parked in an area where the Operator has authority to issue Parking Charge Notices and to take the necessary steps to enforce them. A number of images, including a site map have been provided to me by the Operator which shows the signage displayed on this site. After viewing those images I am satisfied that the signage is sufficient to have brought to the attention of the Appellant the terms and conditions that apply to parking on this site.  The signage at this site makes it clear that parking is on private land and that vehicles must be parked wholly within the confines of a marked parking bay and that a failure to comply with that term and condition will result in the issuing of a Parking Charge Notice. I can see from the photographs provided that the Appellant was not parked within the confines of a marked bay, which the Appellant accepts. Whilst I appreciate the circumstances raised by the Appellant, mitigating/extenuating circumstances cannot be taken into account. Simply by parking outside of a marked bay the Appellant breached the displayed terms and conditions and as such I am satisfied that the PCN was correctly issued on this occasion. I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed.  Currently appealed 400786 Issued on 09/12/2022 by New Generation Parking Management Ltd to vehicle registration Originally rejected by operator on 02/02/2023
    • First of all, I'm not sure why you want to given 30 days to do the repair. It is excessive. I have the sense that you feel that you have to be reasonable in order to gain the approval of the court if that's the way it goes. You certainly should be reasonable but 30 days is excessive. Frankly I don't think that you should get the vehicle repaired by Cinch. They have undermined confidence. They have been notified of your quotation and the cause of the problem and they either haven't responded or they have declined to help. You have no way of knowing that if they are allowed to touch your vehicle, that they will do a quality job. I would suggest that the best thing to do is to get the vehicle repaired and then send them the bill. One them that this is what is going to happen and that if they don't pay you within seven days of receiving the bill then you will sue them. So I would book the car in for repairs on a date about 10 days from now. I would then inform Cinch in a letter of claim that the car is now booked in on XXX date. They have already had the inspection report in the estimate for repairs. You're paying the bill and seven days after that if they haven't reimburse you against the bill which you will submit to them, you will have them without any further notice. This will give them about 14 days to respond with the payment. You will have your car repaired and if they refuse – which they probably will – then you issue the claim papers without any more mucking around. If this appeals to you then draft a letter of claim which expresses this plan. Book the car in tomorrow for the work. Once you know the date then jiggle the dates of your letter around so that Cinch have 14 days before you sue them
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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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can I challenge this at this late stage?


maybelline
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My finances are in a mess but I believe it is because I have always had a very limited income which was manageable until the banks etc decided to start charging every 5 minutes for the slightest thing. Stupidly, years ago, I entered into a secured loan with Welcome Finance, it started as a car purchase needed to get to work over time they offered me increases and I agreed, when I lost my job I had trouble. I have managed to get my monthly payments reduced but is still hard to manage on benefits. Each time I signed up for a new loan, it attracted a £1000 charge, I cant remember what it was called but to protect them if my house was repossessed they said, even though I only increased the loan by about £2,000 on each occasion I was charged and owed £13,000 in all. There was always lots of equity in the property so wasnt sure about this charge and the reason. When I got ill, they put me under a lot of pressure but have said I can settle at around half owed but I do not have a lump sum to offer either. I signed contracts not fully filled in at home, I think this affects my rights too.:rolleyes:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Firstly, you will need to do a DPA SAR request to your bank who charged you the charges putting you in the debt position in the first place.

 

Secondly, do a DPA SAR request to welcome finance to gain full details of the original loan and subsequent loans.

 

Once you have the full details you will be in a position to calculate what the bank owes you to start with, and we can look at whether the £1,000 charge you refer to per loan is a fair term within the contract.

 

There may be a possibility that you can sue Welcome Finance for irresponsible lending, but you will need complete details of your income and expenses to calculate disposable income. This will come with your DPA SAR request from the bank. WF should have considered whether or not you could afford the repayments before giving you the money.

 

Take this a step at a time. It will be quite complex and may prove to be a difficult process, so be prepared if you want to go ahead. Keep a file with copies of EVERYTHING.

 

Let me know what you decide.

Good luck,

Vamp.:)

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thanks for your response, I think I will need a lot of energy for this, am going to tackle the bank first, just drafting letters to local council also. I dont think I should try everything at once cos I know I wont cope but I will make a start:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Welcome Finance are beyond a joke. I stupidly took out a car loan from them in 1996 over a four year term. I realised in 2000 that the loan should have been paid up a couple of months before so I phoned them and asked why they were still taking payments and they told me I still owed over £5000 (I only borrowed £3500 and didn't miss a single payment!) It took months to sort it out with them.

 

Anyway, that doesn't help you in the slightest but good luck anyway...:) Make sure everything is done in writing and documented in a clear and concise manner. They really can't be trusted.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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Welcome Finance are beyond a joke. I stupidly took out a car loan from them in 1996 over a four year term. I realised in 2000 that the loan should have been paid up a couple of months before so I phoned them and asked why they were still taking payments and they told me I still owed over £5000 (I only borrowed £3500 and didn't miss a single payment!) It took months to sort it out with them.

 

Anyway, that doesn't help you in the slightest but good luck anyway...:) Make sure everything is done in writing and documented in a clear and concise manner. They really can't be trusted.

 

thats interesting - my car was only £3000, then I stupidly paid it off but it cost £5000 to clear the interest on top, to secure a new loan to sort out arrears with another dodgy outfit (used to be I Group) as I was in danger of losing my home, I know people will say its your own fault but all the time I now realise I was afraid and didnt really know my rights, the interest is phenominal and now owe £13000??:(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...
A good idea. Good luck.

 

You say it was a while ago, but I'm assuming here, this all falls within the last 6 years.

yes, it was in the last six years but as it is secured on my home I cant do anything to risk it, but it started out as finance from a car dealership. i increased the loan twice I think (?) they sent the money to GE as it was to stave off the threat from the mortgage lender, I paid a fee plus MIG although my mortgage is for about a third of the actual property value so no chance they wouldnt be covered if it was sold. I have just negotiated a reduction in my arrangement as I have been struggling, will this weaken my position at a later stage I wonder.:confused:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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decided to send DPA request after all, will be interested to see what turns up?

 

What powers do secured lenders have (assuming you are up with payments) if they have defaulted you in the past but made an arrangement and accepted a reduced payment, can they pursue repossession just becuase they feel like it or on the grounds that the account has not run smoothly?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 3 years later...

Won This Some Time Ago!!!!!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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there are several WF threads on cag, one or two follow my case, we went to court for prelim hearing, I used a solicitor - eventually we settled, also look at unenforceable agreements, this was the main point for my case, good luck.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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