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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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BT refusing to replace malfunctioning router - SOGA?


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I work for a charity (http://www.ucandoit.og.uk) which teaches people with disabilities how to use computers.

 

One of my students has been having real problems with his BT Voyager 210 router. It seems to run very hot, and then disconnects from the internet.

 

According to my bt voyager 210 adsl router keeps on disconnecting - The Scream! lots of people have been having problems similar to my student's.

 

Since my student is blind this is a huge problem for him, as it's difficult for him to tell when the router has disconnected.

 

I spoke to BT today and they refused to replace the router as it is out of the year long warranty they provide. The warranty ran out in July.

 

Does anyone know if I have my student has any statutory rights which mean that he can get a new router out of BT? It seems to me that the Sale of Good Act would mean that the router should be "fit for purpose" and should work for more than 14 months.

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The thing is - is this BT saying no or just the person on the other end of the phone.

 

I would write to bt using your charity headed paper and you might just find you get a completely different answer.

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That's a very good point - but does anyone know if there are any laws, such as SOGA, that cover this sort of thing?

 

IF BT don't respond to the letter, I'm sure a number of papers would find this story very interesting...

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Did the gentleman you represent pay for the router, or was it provided free with a fixed term contract?

 

If the first then you can argue the product is not fit for purpose under the Sale of Goods Act.

 

If the second, you're arguing the product is not fit for purpose under the Supply of Goods and Services Act.

 

Bear in mind that if you write to them on behalf of your client you make sure you are representing him as a litigation friend and that it is a consumer dispute, just to avoid any confusion about the consumer status of the customer.

 

David

Here to help!

 

Good with employment, disability and welfare/benefit questions :rolleyes:

Just ask!

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Thanks for your reply David. The router was provided free with a fixed-term contract (which may still be in place; not sure if it was a year or 18 months), so I'll write to them with reference to the SoGaSA (I love acronyms!)

 

And thanks for the advice about clarifying the status of my client.

 

I'll keep you posted!

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  • 1 month later...

Keep in mind they will be looking to renew this contract shortly, feel free to point that out to them in any future contact..

And the lord said "come forth and i shall grant you eternal life" I came fifth and got a toaster!!!:D

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Just so you all know, I've now written to BT demanding a new router/repair under the SoGaSA. It turns out that my student is in contract until January next year! I haven't had a reply back from BT yet but I will give them the benefit of the doubt and assume things have been messed up by the postal strike.

 

It's a good point about mentioning the forthcoming renewal (or otherwise) of the contract. I'm still not sure whether I just want to get the end result sorted, or whether I'm up for a proper fight whereby I try and get BT to stick to the law and admit that they're sticking to the law...

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i ended up with some new home phones aswell...bless them.. Dont forget BT vision and anything else you see in the bt shop.. push them, i did

And the lord said "come forth and i shall grant you eternal life" I came fifth and got a toaster!!!:D

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SUCCESS! I went to see my student last night, and he had a brand new replacement router, sent out to him by BT. I also had a call from them on my answerphone.

 

What's irritating about this, though, is the number of people who don't know the law and who would have just taken BT on their word and paid for a new router. I think it's time that the law is changed, so that BT are legally bound to train their staff to be aware of the SOGA and SOGASA. But I doubt that will happen in the near future...

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I don't think it is a case of not training them, but more a case of trying to get away with it as often as possible due to the consumer not knowing his rights. Those that persist usually get there in the end. More action needs to be taken against companies who do this, then and only then may the consumer get satisfactory service at the first point of calling.

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Whether their staff know about the law (and are told not to respond when the law is mentione) or they don't know about the law (because they aren't told about it and, in BT's case at least, because they live in India, they would have no reason to know about it), I think it's time that legislation is passed which enforces corporations to go to "reasonable lengths" to work within the law, rather than just trying to shirk it like they do now.

 

The whole point of the law, at least in theory, is to protect less powerful people and institutions against more powerful people and institutions, so I think it should be put to work in this case: kind of like the Unfair Terms in Consumer Contracts Act, which has led to so many people getting their bank charges back.

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