Jump to content

Rebecca H

Registered Users

Change your profile picture
  • Posts

    134
  • Joined

  • Last visited

Everything posted by Rebecca H

  1. There may have been pay and display machines there but as I didn't have no money I didn't see. if they were working. I just used the app. Bearing in mind that we have become used to not carrying cash as no one wants to take it, I was out of the habit of having any on me!
  2. Hi I actually can't remember as I didn't have any money on me and used the app as i use the Just park app regularly.
  3. Hi, Not really sure what you mean as haven't posted on any other forum about the parking fine. If there's something I should read, then please point me in the right direction, otherwise my partner will pay it as he doesn't think there's anything to be done
  4. Thank you for your speedy response. I have a PDF of everything which I have attached as we got sent a code and had to log into their website. They do suggest that we can contact a citizens advice bureau but it's virtually impossible to contact anyone there as they are so busy right now. The odd thing is that in the photo they sent of their parking charges, the machines have black covers over them. I actually don't remember that. I think it is fair to say that I did try and pay, but they are choosing to ignore this. They admit in the response to the appeal that I had acted in good faith etc but despite this, had parked without paying. it really is crazy! Thanks you Rebecca car park photos PDF.pdf 1/ The date of Infringement 9th August 2020 2/Date On the NTK 14th August 2020 3/Date received 18th August 2020 4/ Does the NTK mention schedule 4 of the freedom of Information Act 2012? Yes 5/ Is there any photographic evidence of the event? Yes 6/ Have you appealed? Yes Have you had a response? Yes 7/ Who is the parking company Initial Parking 8/ Where exactly [ carpark name and town] Porthluney carpark, Caerhays For either option, does it say which appeals body they operate under? Popla/Independant Appeals Service. This seems to be under the BPA If you have received any other correspondence, please mention it here One more letter received, please see attached parking PDF.pdf Attached is the PDF of attempted purchase of parking tickets and my initial post Hi everyone, I'm sure I will have to pay this and have gone though their appeal process, but lost. On 6th August we parked our car at Porthluney Beach Carpark at Caerhays. We didn't have any change as we're used to paying for parking using apps etc and also because we had got out of the habit of having cash as no one was accepting it during lockdown. I had the app and proceeded to put 3 hours parking on the car. I took a screenshot and it said processing payment as I had an E showing on my phone and only 1 bar of signal that came and went, I was worried that there wouldn't be enough signal to make the transaction work. It was taking ages and despite walking around trying to get a better signal, there was nothing. I decided to leave a note on the car saying that I had no change and couldn't pay as had no signal and so decided to hope for the best. Unfortunately it was a camera operated car park. On 17th August I received a fine for £100. I sent in a letter appealing with the screenshots showing that I had tried to pay and explained the situation. This didn't work and now I have a fine for £170. There's probably nothing to be done but it does seem unfair as they must know there is very little reception there. I wasn't the only one having problems. I have sent in the screenshots showing my intentions but it hasn't made any difference, a very expensive trip out! I wonder if anyone knows if there's anything I can do? Thank you in advance, Rebecca screenshots of parking payments.pdf
  5. Hi everyone, I'm sure I will have to pay this and have gone though their appeal process, but lost. On 6th August we parked our car at Porthluney Beach Carpark at Caerhays. We didn't have any change as we're used to paying for parking using apps etc and also because we had got out of the habit of having cash as no one was accepting it during lockdown. I had the app and proceeded to put 3 hours parking on the car. I took a screenshot and it said processing payment as I had an E showing on my phone and only 1 bar of signal that came and went, I was worried that there wouldn't be enough signal to make the transaction work. It was taking ages and despite walking around trying to get a better signal, there was nothing. I decided to leave a note on the car saying that I had no change and couldn't pay as had no signal and so decided to hope for the best. Unfortunately it was a camera operated car park. On 17th August I received a fine for £100. I sent in a letter appealing with the screenshots showing that I had tried to pay and explained the situation. This didn't work and now I have a fine for £170. There's probably nothing to be done but it does seem unfair as they must know there is very little reception there. I wasn't the only one having problems. I have sent in the screenshots showing my intentions but it hasn't made any difference, a very expensive trip out! I wonder if anyone knows if there's anything I can do? Thank you in advance, Rebecca
  6. Thanks for all your comments. I've since found out that it's a very common occurrence for Flybe to not fly on time out of Newquay. Had we known this we would have driven or taken the train to Gatwick. I think the best thing is to claim the 250 euro's for the delay.
  7. Hi This is from earlier this year but after seeing a lot of press around refunds I thought it was worth pursuing. My daughter had booked a flight with Flybe from our local airport Newquay to Gatwick to connect with a Malaysian airlines flight back to Australia. I dropped her off and she checked in. Her connecting flight was 1.35pm, so plenty of time to connect with the flight. The flight was meant to take off at 7.25am, but took off at 8.35am. It landed in Exeter as Gatwick airport was shut down due to fog. They sat around for 2 hours until they informed them that they had cancelled the flight and they would take them to Gatwick by coach. This journey took 5 hours. I called Malaysian airlines but I had to buy another flight. Flybe knew that Gatwick was closed and had they said that they couldn't get there we could have driven my daughter to Gatwick - it would have been a close call time wise but we could have made it. Can we get any compensation for this, any help much appreciated
  8. Hopefully someone might be able to offer some further advice. After waiting for weeks this is the response we have received. Any help, advice would be much appreciated as we are having trouble understanding how they can treat this so lighly, it really is unbelievable "I write to advise that RSA are the Goods in Transit liability insurers for Hemisphere Freight Services and we are therefore dealing with this claim on their behalf. I understand that Cream Cornwall contracted with Globelink Fallow to arrange the transport of the above consignment from your suppliers in Indonesia to your premises in Southampton. Following arrival of your consignment in the UK, it was taken to the premises of Hemisphere Freight Services (HFS)who were contracted by Globelink Fallow to devan (unload) the contents of the container – which included consignments for other customers. Globelink Fallow contracted separately with the road carriers to collect the relevant consignments from the premises of HFS in order to deliver them to the final customer; once the transport vehicle arrived at the premises of HFS, they loaded the relevant consignment onto the vehicle for despatch to the consignee. It seems there was an error relating to your consignment whereby it was loaded onto the wrong delivery vehicle and despite attempts by our insured to trace the whereabouts of your consignment, they have been unable to locate it. Whilst it is unfortunate that your goods cannot be traced, we must point out that such errors do occur from time to time in the movement of freight and in such circumstances, any liability that attaches to any of the parties involved will be determined by their trading terms and conditions. As Cream Cornwall contracted direct with Globelink Fallow any liability attaching to your Freight Forwarder will be based on the terms of their Bill of Lading – a copy is attached for your information. However, as the involvement of Hemisphere Freight Services was as a subcontractor for Globelink Fallow, our insured’s contractual terms will apply as this was the contract agreed between these two parties. Hemisphere Freight Services operate under BIFA terms and conditions which limits any liability attaching to them by reference to the weight of the lost/damaged goods. The limitation is 2 SDR’s per kilo; the current SDR rate is 1.062780. Based on the weight of 423 KGs for the 6 crates, the maximum liability attaching to our insured is therefore £899.11. I understand there is a shortfall between the limitation fund available to our insured and the value of your goods and it is for this reason that it is recommended that customers take out cargo insurance on their goods, in order to protect their interests. Globelink Fallow have advised us that you have intimated that you may seek legal advice on this matter; this decision is clearly at your own discretion. However, we would point out that in circumstances where any liability attaching to Globelink Fallow or Hemisphere Freight is determined by their terms and conditions, it is likely that you will still only receive a reward based on the limitation fund under BIFA terms – which are recognised by the UK Courts. As such, you should be aware that you may incur additional costs that you are unable to recover. . I therefore trust the above clarifies the contractual position of our insured. In the event that you have any queries relating to the points raised above, I would be happy to discuss them with you; whilst I am away from the office today, I will be returning tomorrow so please feel free to contact me on the number below."
  9. Yes, they state $2 per kilo but I am buying a magnifying glass tomorrow as the type is so small I can barely read it
  10. We were not shown T *& C's. We only saw the Bill of Lading when the goods arrived. I feel we have a strong case for negligence?
  11. Hi, My ex came over to see our daughter. My elder daughter lent him her car whilst he was here. It's registered to her and was SORN at the time as she was intending to sell it. My ex got stopped for DUI and the car was taken to a garage. My daughter wasn't told about this at the the but found out 2 weeks later, we went to the garage to retrieve the car only to be told that the police had sold it! Is this possible? Thanks Rebecca
  12. Hello everyone, So an update. The goods haven't showed up. I have spoken to the person who deals with insurance claims for Globelink Fallow, the shipping agents. Apparently we have to make a claim against them and then they claim against the warehouse. She told me that we will be bound by the bill of lading as that is our contract. This will not even cover the cost of the goods but willl pay us $2 per kilo of shipped weight which was 423 kg. I was also told that it's pointless trying to sue for negligence against the warehouse as it will be too costly and too hard to find an expert in this type of law. The only T & C's are on the bill of Lading. We have been naive, I accept that. I assumed that insurance would be included with our shipping cost. The only paperwork we received was when the agent sent us the documents just before the ship docked via DHL. We then had to send the bill of lading to Globelink Fallow. I only spoke to the shipping again initially but then called the warehouse to see what they were doing about tit. They told me it shouldn't happen and that it was human error. This is 6 crates of goods on 3 pallets. They said that they have contacted all the haulage companies that come to the warehouse and none of them had any extra pallets and that they had doe a sweep of the warehouse again, but nothing. I find this incredible but I am at a loss. ~I could understand if they had gone missing in Indonesia or if a container had fallen off the ship, but the last thing I expected was that they disappear in a UK warehouse. We are members of the Federation of Small Business who advised us initially to put a claim in for the gross profit of the goods, but we haven't go that far yet. I am at a loss as to what to do next, fight it or just accept the $846!! It just seems very unfair. Any further advice would be very much appreciated. Rebecca
  13. we've been advised to put a claim in for what we would have sold the goods for. This will cover our expenses for sourcing the goods etc. We've been told that the bill of lading is the contract we will have to refer to, but I am sure that this won't cover us!!
  14. Hi, Wondering if anyone can offer advise before we go into what will I am sure, become a battle for compensation. My business partner & I went to Indonesia in February to design and buy goods for our shop and online business. As it was our first trip doing this we took a couple of weeks to set up our contacts etc. We shipped the goods back in 6 crates. The goods arrived and were cleared through customer by a broker called Global Fallow. We organised pick up of the goods, it was very stringent and had to give the registration number and drivers details of the vehicle collecting as the goods were being held in a bonded warehouse owned by Hemisphere. When the driver arrived he was told they hadn't been released through customer. After a few phone calls this was sorted and he went again only to be told that they couldn't fond the pallets. This was 2 weeks ago. Apparently our goods were stored under a mezzanine floor and weren't fully visible to the CCTV. They have apparently contacted all haulage companies who came through. {over what time span I don't know, not sure if t was just the day or from when the goods arrived] and they have all said that they didn't have any extra pallets. They have done a warehouse sweep and can't find them either. This is not a small shipment, so I am finding it hard to understand how 6 pallets can disappear. Noe comes the fun bit. We called FSB who advised us to claim for loss of profit. We would have marked up x 5 and this would have covered the cost of our trip, the shipping etc. I know that they won't want to pay this so I am asking if anyone on here has any experience of this type of case. I am reading all sorts of things on google about consequential damages etc but it would be great if we could know how to word our letter to them so that we can speed things up. We timed it so that the goods would be on our shop floor for our very busy season, we are in Cornwall and this is our best selling time and now we have missed that and even if we get the money quickly the goods will not arrive in time to maximise the selling opportunities. Naturally we are very upset and cannot understand how this could have happened in what is meant to be a secure warehouse. Any help or advise will be much appreciated, Best Rebecca
  15. Thank you for all the advice I am currently waiting at Wandsworth council to speak to someone. I have already seen someone briefly and they have said once it is sent to a baliff there is nothing that can be done. Which seems nuts, we don't Have the money to pay it!
  16. Hi there I am posting on behalf of my daughter who is a student in London "I am a student living in London - in wandsworth council - with two other students. Therefore we are exempt from paying council tax. When we first got our council tax bill we sent off our exemption forms. Never heard anything so assumed was all sorted. Months later, we received a reminder, I tried to call the council to say we had sent off forms, could not speak to an actual human being no matter what options i pressed. Gave up as read on a forum that they sometimes send a bill anyway (stupid mistake of mine in hindsight). We then got a final notice letter, I again tried to ring up, couldn't speak to anyone, sent an email. Never heard back. A few days later we got a letter from chandlers debt collectors - all escalated very quickly. If I am honest I think my flatmate, who is foreign and doesn't speak a lot of english therefore we rarely communicate with her, might of being opening the letters and not understanding them and therefore disregarding them, as we have recently discovered she also did it with the electricity bill!!. Chandlers were due to come and collect on the 27/3/15 according to the letter, last wednesday, 18/3/15, i rang the council again, could not get through, scoured their website, they said their calling functions weren't working and to email, emailed and got an automated response saying someone would get back to me in 10 working days. All i want to do is speak to someone to explain that we are students and sent our expemption forms off and what we need to do to make sure they get to the right place next time. Then today i came home to a letter from the bailiffs, they had been around to collect, nobody was in, stated that they would return again and if we ignore the notice they would get a magistrates court order to collect in our absence. I immdiately rang chandlers, they were unhelpful and said there was nothing they could do as it is just an order they get. I then rang citizens advice and they said to pay the debt and they try and claim the money back off the council by proving we are exempt. Which seems ridiculous as we don't owe it in the first place. We are all hard working students and don't even have anything of value apart from my laptop for them to collect, we don't have a TV, car or anything! Fridge etc belongs to the landlords. My plan is to go into the actual council on wednesday (earliest i can do it due to work) and try and explain, but not sure what else to do as chandlers said they would be calling again tomorrow and we are all very worried!!! any help or advice I would be so grateful for!! thank you!
  17. Hi everyone, Just wanted to let you know that I sent in a defence to the court and part of that was that both parties had to mediate to try and settle the matter out of court. I heard nothing until 2 days before the time limit was up and I am very pleased to say that Credit Corp have dropped all proceedings with both parties to bear all costs. I agreed to this, asked for a consent order form the court and the matter is now over!! So, don't give up, it's a numbers game and the last thing they want is to go to trial as it costs them money and if have nothing then it's not worth their while. Thank you for all the help I received on this site.
  18. Thought I would let you know that the Judge decided that my case could be heard in a UK court. As I didn't have a more up to date case concerning judgements on jurisdiction than the one referred to in Credit Corps witness statement, [which was the Maharanee of Baroda Wildenstein [1972] QB 283] the judge had to base his decision on the one given. He didn't give Summary Judgement as he said that he felt that based on the little information he had I may have a case to go to court. The credit card agreement had all kinds of tailor made bank jargon which would not stand up in court and that I am still married and he suggested that that is an avenue to pursue. He suggested I try and fine a No Win, No Fee solicitor to help me. He also suggested that we mediate after the hearing. The Credit Corp agent said he didn't have any authority to negotiate but suggested that I write a Without Prejudice Letter to them saying that I did not any money etc etc. He said they would not want to go to trial and then find that I couldn't pay them back anyway. He very clearly wasn't impressed with Credit Corps agent and gave hime quite a hard time. He has given me until July 2nd to file a defense. I haven't heard anything from Credit Corp or Stevensdrake as yet. Any suggestions on what next appreciated.
  19. I am just trying to really clarify that, I have had lots of help on here and the general opinion os that it can't, but as I may have to argue this in court very shortly I am trying to get as much information and help as possible.
  20. I've been trying to find out more about Jurisdiction as the court case is looming and I want to be prepared. I have been looking back at the witness statement of Stevendrake and it refers to case law of Maharanee of Baroda v Wildenstein. From what I can understand the English court ruled that as he had been residing in the UK, then the court had jurisdiction to decide the case. I also found a case of Owusu v Jackson. I have done some research and the European Court of Justice has stated that where the Defendant is domiciled in the UK the convention requires that the case be heard here even if the courts of a non EU country would be more appropriate. How can I argue that they have no jurisdiction to hear my case here? Any help greatly appreciated, I've also found this article on jurisdiction. http://www.clarkslegal.com/article/783/determining+jurisdiction+under+english+law Am I right in saying that Stevensdrake are claiming they have jurisdiction because I have lived in the UK for more than 3 months but I am arguing that because the case is based on an Australian credit agreement then the UK court cannot hear the case as it would be unfair to me because they cannot judge on Australian consumer law?
  21. Thank you Krios, yes, I think you are right re resident in Australia. What I'd really like to do is stop them being able to open the case again. We'll see.
×
×
  • Create New...