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w4ter_Boy

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  1. Hi @dx100uk How would I find that out? Mum submitted all reply's by post. Ps. I will create one PDF for you shortly. Do you want every letter from PE and Court in date order? Thanks, WB
  2. Hi all, please see details below as previously requested. It turns out my mum did have a copy of the claim form (attached). Which Court have you received the claim from: CCBC - Northampton Name of the Claimant : Parking Eye Ltd Claimants Solicitors: None noted. Date of issue: 21/11/2022 Date for AOS - Not sure / don't believe there was was one. Date to submit Defence: Submitted on 06/12/2022 What is the claim for: Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference ***) issued on 28/07/2022. The signage clearly displayed throughout Home Bargains Rhyl, Marsh Road, Rhyl, LL18 2DF states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle *** entering and leaving the site on 24/07/2022, and overstaying the max stay period. Pursuant of Sch 4 of the Protection of Freedoms Act 2012, notice has been given to the registered keeper, making them liable for the Parking Charge payable upon breach. What is the value of the claim: Claim: £85.00 Court Fee: £35.00 Legal Costs: £50.00 TOTAL: £170.00 20221121 - Claim Form1.pdf
  3. Thanks @dx100uk much appreciated. Don't worry too much, I am happy to received additional info tomorrow. I hope the sheep are ok! Regards, WB
  4. Hi all, Thank you again for your assistance to date, I totally appreciate that this is a self help forum, however your responses and assistance with pointing me in the right direction is greatly appreciated. If at all possible, could someone assist me in understanding what to do with the form N180 (Directions Questionnaire) as it has to be delivered by this Friday 10/02/2022. A1 - Do I agree to referral to small claims mediation? (YES or NO) I am unsure how to determine this. B1 - Do I agree that SCT is appropriate? ( I assume YES). D1 - Determination without hearing? (I assume NO). E1 - Hearing Venue - (Choose my local Court). E2 - Expert (NO). E3 - Witnesses ( 1 my Mother). The advise already given in previous posts say to send a copy to: 1. The Court. 2. The Solicitor. - Is this their solicitor, or should my mother seek to get herself one? 3. Keep on file. I don't believe my mother knows who their solicitor is, as foolishly she sent the claim form back to the Court with her initial response / defence form... It was received rather late by her due to Royal Mail postal strikes and then she just panicked due to deadline being mere days away. Quickly filled it in without much though and returned it to the Court. Thanks again, and once we get past the N180 issue / deadline, I will be sure to supply all information that has already been requested in above posts. Regards, WB
  5. Thanks, my take on the signage is that as it’s a shared entrance bother for entry and exiting, PE may argue that they have a sign on the entrance. However, taking example from the highway speed signs. If I was to run into a road / junction that had a different speed to the road I was coming off, Then there would be a sign on both side of that junction. The reason for this, is that exiting vehicles could block the view of the signage on the right hand side. So therefore, I would assume that the signage on the carpark entrance should follow some similar rules. thanks, WB
  6. Thanks, So once my mum returns the Form N180 - Notice of Proposed Allocation to the Small Claims Track Questionnaire, what happens next. You mention Whiteness Statement. Will this also form part of her defence, or will this become her official defence and therefore give her the opportunity to put together a more comprehensive statement. Also, I will see if my dad can get some photos of signage tomorrow whilst I am at work. I may not get chance to reply during the day, but will certainly come back to you in the evening. Many thanks. WB
  7. Hi, Sorry for the delay in coming back to you all. From what I can understand Parking Eye issued their invoice for "Breach of Contract". Please see some attached / listed correspondence that my mum has received. P Eye Letter 01 - 06/08/2022 - Invoice for £85 (ignored) apparent previous letter never received. P Eye Letter 02 - 15/09/2022 Letter Before Action (ignored). Court Letter 01 - Claim Form N9B - Sometime in November 2022 (mum did not take a copy) Court Letter 02 - 21/12/2022 - Acknowledgement of defence form N9B. Court Letter 03 - 24/01/2023 - Form N180 - Notice of Proposed Allocation to the Small Claims Track From what I am told, mum submitted a defence on the the basis of: A) Not seeing / not understanding the entrance sign. B) Not being able to get a space in a timely manner due to the busy summer season. She required a space close to the store as she had a medical condition at the time, so waited until available. C) Only one till open during busy summer season, long queues all leading to extended stay. However, during all this she was never aware of the limitation on parking durations. Personally, I feel that she may have submitted a weak defence. As its breach of contract, I doubt the will care as to how busy the store was that day, as the store has nothing to do with the assumed contract. She also mentioned that she did not understand the the signage as it was in Welsh. Whereby the truth is, that she didn't even see the signage as its on the opposite side of the entrance and it was only after she received the PCN that she went back to the carpark to look, and realised that their was a sign on the entrance, but it was in Welsh. I have also visited the carpark, to look at the signage and due to its position (being on the exit side), I was unable to see the sign on the way in, because as I was approaching the entrance a van was at the junction exiting, and the exiting vehicles block the signage, due to it being on the wrong side. If the sign was on the opposite side, the all vehicles entering would see the sign. However, not being a welsh speaker would still not help. To my understanding, the signs at the entrance instruct you to read the T&Cs on the signage within the carpark. However, if you cant see or translate the sign at the entrance, how are you meant to know to look for additional T&Cs to read. Once again, many thanks to you all. WB Court Ack of defence + PE PCN Renicer + Letter of Claim.pdf
  8. Hi Thanks, I will see what further information I can get from my mother. All I know so far, is that she has received a claim form for the courts and she has filled this in and returned it the the courts. She has disputed the claim on the grounds of the lack of signage along with the welsh language barrier. Since then, she has received a further letter from the courts an N180. It mentions agreeing to mediation and she wants to know if this is the best route? Also, it asks if she agrees for the case to be settled by a judge without either party going to court, again she is unsure what to say. Thanks again WB
  9. Hi, Just after some quick opinions. My mother received a PCN from Parking Eye (which she foolishly ignored) that they are now escalating to court. My question is about what legal requirements are with regards to signage and it placement. I have placed a brief map of Carpark and signage. Could it be argued that their is no signage on the entrance to the carpark however their is a sign on the exit side. Additionally, this sign is in Welsh a language that is not understandable to my mother. However, she genuinely missed this sign due to its position anyway. Is the contract effectively entered into by entering the carpark? if so, would the lack of / position of signage be an issue for Parking Eyes claim. Many thanks, WB & Mum 01 - Entrance.pdf
  10. Hi HB, Thank you for your time. From what I can gather, its not that they don't believe her test results, they just feel that she could still be in the pre-symptomatic stages and therefore the test wont pick it up yet. The employer is being a little "belt & braces" which I assume is totally their choice, and they are willing to pay my sister in full, so they are being fair. Its just my sister is getting down with all these 10 day breaks, whereby her employer expects her to stay home, not visit or be visited by family & no visiting supermarkets etc. Despite the situation seeming fair, with regards to still receiving full pay, the working environment is a very petty / two faced one, whereby other members of staff strive to snitch on people to the boss in order to earn points. So she is worried about going to the supermarket in case she ends up being disciplined. Thanks, WB
  11. Hi, I am asking on behalf of my sister, who on several occasions now has been sent home to self isolate due to her manger thinking that she may have been potentially exposed to covid-19. Track and trace have not required her to self isolate, this is just her boss potentially over reacting / worrying. My sister does lateral flow tests, which are negative, but her employer still wants her to remain off for the 10 days. Her employer is the local Council and she will still receive full pay, so no financial loss. However, my sister is getting a little depressed with having to cancel her plans (evenings & weekends). Don't get me wrong, she takes this very serious and is more than happy to follow the law etc. to protect herself and others. However, I'm getting concerned that her employer is over reacting at the cost of my sisters mental wellbeing. If she is sent home again and track and track are not the ones sending her home, can she freely go about her life without getting in trouble with her employer? Many thanks, WB
  12. That's absolutely fine and makes sense. Do I have to send a letter or is email a valid form?
  13. One last thing, they are entitled to carry out one repair. Are you saying they are still entitled to that, or was them turning up last week and trying to polish it out classed as their one chance? Thanks.
  14. Thanks BF. I will discuss with my partner and draft a response to them. Would you be willing to look at my response before I send it to them? Thanks.
  15. Thank you BF, That is a very reassuring reply. Does the Credit Card offer any additional protection? If it starts to get messy, i.e they dig heels in. Before going the legal route, would I be best to seek a resolve the the credit card company? Thanks.
  16. Hi and thank you. The company is Ruby Granite from North Wales. Purchased on 8th Feb 2021 Installation started 3rd March. After first (other) issues were noticed, they eventually came back and removed all the worktops on 24th March. They then returned on 14th April and reinstalled all worktops & island to completion. This is when I sheeted over everything. I then noticed and reported the defect on the island on 6th of May. (3 weeks after reinstall). The cost was just short of £6k Many thanks, WB
  17. Hi, We have had several issues with our worktop supplier / installer. (Same company). Firstly they made a complete hash loads of issues, damage & defects etc. After digging their heels in, they eventually replaced. Not through good customer service, but because I demanded a full refund. It wasn't a smooth ride, and took 6 weeks for them to correct / replace. This obviously meant delaying my whole project by the same 6 weeks. So after replacement, I was keen to get on with the rest of the kitchen, namely painting the walls. With the worktops being new, I covered the whole kitchen over in polythene sheets. These sheets were not removed for 3 Weeks. Busy time of year for me, working late at work and I didn't get much done in the evenings as planned. Basically took longer than I intended. The day after I removed the sheets off the island, my partner noticed a mark on the island! It was a small scuff, & a very minor chip on the front face (top) of the island. All in same 10x10cm area. I instantly felt sick to my stomach. After all the trouble it had taken to get this far, I just wanted the ground to eat me up. Followed by extreme anger at myself for not noticing this after install. However, installation was carried out on a very dull day so the absence of sunshine could have been the reason for the oversight. Looking back on a photo I took the day after install, you can just about see the mark. I obviously knew the damage wasnt mine, but this confirmed it to me. I reported the damage and they sent their installers out to take a look. They tried their best to polish / buff out the scuff, but to no success. I have now received an email today, stating that due to the length of time it took me to report the issue (3 weeks) that they cannot accept liability. They have provided me with a telephone number to a repair man. The mark can only be noticed from one side of the island, this is the side that no other worktops are on and the fitters between themselves come to the conclusion, that this was the reason that they missed it. As they were not actively working on the side of the island that shows the visible mark. Plus it was a very dull day. Where do I currently stand legally? Island was installed on 14th April Damage reported 6th May They attended 9th May All paid on Credit Card. Many thanks, WB
  18. Hi BF, Thank you for your very detailed reply, I will get to work on it tomorrow and keep you updated. On one hand, I want them to make good and provide me the quality product and service that I was promised. Then on the other hand I want to walk away and get my hard earned money back. However, the stress, lengthy process and inconvenience that all that will cause is off putting. But why should I settle for a bodge job... I have not been left with any damage, all the damage was within their worktops, which they have now completely removed and taken back. I can only assume that they will be planning some remedial work on the worktops and will then want to come back and reinstall. The issue is, that I have lost all faith in the company along with the expected level of quality that was promised. The transaction has effectively lost its shine and thus left us very underwhelmed. The worktops come with a 10 year warranty and based on the attitude and approach of the company this far, I doubt that they would support any claim raised over the next 10 years. I think I need to sleep on it and then make a decision. Thank you again, hope to give you an update soon. Kind regards, WB
  19. Hi and thank you, Yes the were manufactured and fitted by the same company. Cost was circa £6k Purchased around 8th Feb Delivered and part Installed 3rd March Removed 24th March Regards, WB
  20. Hi and thanks in advance for any time spent reading this I have recently had some Quartz worktops installed, well actually they were part installed as some issues were noticed during the install and said items take back to be corrected / reworked. Within hours of the "part install" I noticed a few other quality / manufacturing faults and reported them. To my relief, they come back the following day to remove the defective worktop and again said that they will correct / rework. Unfortunately over the next few days I started to notice some more significant faults, parts not to the correct dimensions & some damage that they tried to hide with a poor quality repair. I contacted them, advised them of the additional issues and also explained my disappointment in the poor quality product / craftsmanship. They took several days to reply and with no apology explained that the MD will have to look into the issues. It had been about 2 weeks since the install and I sent a few reminder emails & made phone calls to them and I was told that the MD will have to visit my house to inspect. I then received a call from the MD who took the approach that I am complaining over nothing, however he said that he will visit next week to assess. Unfortunately he did not turn up, but the installers did and they have removed the worktops completely and have taken them back. So I now have no worktops at all 3 weeks after the initial part install. I am extremely frustrated by the lack of communication from them, they have not really proposed what remedial work will be done if at all. The term "rework" has only been stated by the lads who have installed & then removed the worktops. Its been 5 weeks since I paid in FULL as this was a condition of ordering (so I used credit card) and 3 weeks since the install. My question right now is where do I stand? Can I demand a refund? Do I have to allow them a chance to "rework" and what if the result is still unsatisfactory / not to spec? Are there any time limits I should be aware of, for example 30 day to ask for money back etc. Thank you very much for your time and any advice. Regards, WB
  21. You are correct, its not about what I want. However, I am looking to influence her based on what she is legally entitled to. As at the moment she is comfortable in believing that she has no right to it, because her boss has said so. If I can advise her that she is actually legally entitled to the full 28 days, then she just may feel more confident in approaching them. Ultimately it is her decision, but at least I would have done my part in supporting and assisting her. What is the legal stance, or is it all down to the black and white text of contracts? Thanks for all your comments and advice. WB
  22. Hi Emmzzi, She actually requested it a couple of weeks ago (6-7 weeks before). She has the standard 28 inc. bank holidays. and i think she has 6 days spare. They wont even let her take 1 day and I just wanted to know if she should be shouting at the top of her voice and stomping her feet, or simply taking it as a life lesson and as mentioned, booking it all up as early as possible in future. I just get annoyed, as she works hard and is a giver not a taker when it comes to work, she frequently stays late and does not log her overtime, as the overtime policy is TOIL and she says "I struggle to use my basic entitlement, never mind TOIL". Many thanks again. WB
  23. Hi, Just after some advice and opinion. My better half's holiday year runs out at the end of March 19 and her employer operates a "use it or lose it" policy. She has asked for some time off, and they have said that they cannot facilitate her absence due to low staff levels along with others being on leave. They have also informed her that as she cannot use it, she will ultimately lose it. Is this correct and will she have no option but to lose out on leave entitlement, even though its the employer preventing her from using the holiday entitlement? Most years she loses between between 5-10 days leave, 1. due to her not being a huge holiday taker and 2. due to the fact that whenever she wants time off, its rarely approved or she is given less days than requested. I would just like to know where she stands, as I feel she always draws the short straw and I feel that they are not being entirely fair in denying the leave, also they could be doing it in order to make it lapse. Many thanks to all who offer comments. Regards, W4ter_Boy
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