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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Bank Park Management ANRP PCN - overstay - Pennine Five, Sheffield ***Cancelled by landowner***


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First time posting on this forum so please be gentle with me!  I've had a look round the forum and come across this questionnaire on a few posts but I've been unable to find the original so apologies if I'd missed any standard instructions.  I've probably messed things up by replying to the initial PCN but didn't know what else to do. 

I now accept I was at fault having revisited the site (as I was sure the parking company was wrong) but in my defence I think the signage in the car park was rubbish and confusing.  I understood the car park had ANPR so why would I try and avoid paying the correct fee? 


My mistake it appears was not to notice a small machine attached to the wall (I only saw the one machine and that was only when I returned to the site to check the signage) which apparently I should have scanned with my phone to start a parking session.  I've never come across this before. 

After parking my car I left the site to go to Blood Donors and I didn't see any notices on the exit route saying "have you scanned to start a session or similar".  If there had been it would have prompted me to go back and read the instructions. 

When I returned from giving blood, I drove to the exit and parked up (still inside the car park) in order to pay.  I went to the pay machine and typed in my registration number.  I believe the machine just flashed up £1.50 so I just swiped my credit card.  I didn't think to question the cost as they had ANPR and I expected the system to calculate the correct fee.  The system had already logged my car going in so I don't see why it didn't warn me the amount I was paying wasn't enough for the period of time I was parked up. 

One final point, to access the site, when returning to your vehicle, there is a system to enter your registration number so you can access the facility.  I didn't have to do this as the shutters were up and I was able to walk straight in (so not as secure as I'd been led to believe)!  

I've not paid anything as yet but it does appear I was in the wrong.  I don't want other people to fall foul of this, and could do without paying this extra cost myself.

I've attached the questionnaire responses below and correspondence and would very much welcome your input.

 

1 Date of the infringement 27 July 2023

 

2 Date on the NtK [this must have been received within 14 days from the 'offence' date] 
Date of sending stated as 3rd August 2023 but wasn’t actually delivered until 10th August, so not sure if this is in time scale or not
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 10th August 2023
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  NO
 

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] Not appealed officially, but did write to Bank Park before coming across your site.  Copy of my letter to Bank Park attached to their response below.

Have you had a response? [Y/N?] post it up Yes
 

7 Who is the parking company? Bank Park Management Ltd

 

8. Where exactly [carpark name and town] Pennine Five, Sheffield 

For either option, does it say which appeals body they operate under.  IAS
 

There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE

 

If you have received any other correspondence, please mention it here  Not as yet

Copy the windscreen or ANPR section to your thread and answer the questions... Not sure what this means …. I haven’t had a court claim yet.

 

3 docs details removed.pdf

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  • dx100uk changed the title to Bank Park Management ANRP PCN - overstay - Pennine Five, Sheffield

pcn number showing on your appeal letter. and the next page their reply

(Now Redacted: Nicky Boy)

and BIG OPPSS you've stated you were driving .

lost any protection POFA 2012 gave you. next time NEVER EVER appeal!

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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All of us on this site have made mistakes when in legal dispute.  That's inevitable.  The important thing is to learn from the mistake and get it right next time.

One of the fleecers' big problems in these cases is that they know who the registered keeper of the vehicle is -- but not who the driver was.  Plenty of people drive other people's cars.  My son often drives mine.  So that leaves the fleecers with no-one to sue.  But you've outed yourself as the driver.

2 hours ago, Beels said:

in my defence I think the signage in the car park was rubbish and confusing. 

So you weren't in the wrong at all.  Plenty of cases have been won on the basis of insufficient signage.

According to Pennine Five's Wikipedia page the building is owned by RBH Properties which seems to tally with their webpage

https://penninefive.com/contact/

https://rbhproperties.co.uk/contact/

So e-mail the owners  info@rbhproperties.co.uk  and point out that you were a blood donor and you did pay but you were caught out by the confusing signage - and request they get the ticket cancelled.

Plenty of cases have been won this way.  Plenty have not.  Nothing ventured ...                  

We could do with some help from you.

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Thanks FTM Dave.  Really appreciate your feedback and I will contact RBH Properties.  I certainly know now not to admit I was the driver, but basically I'm an honest person who made a genuine mistake.  I will let you know the outcome of my request to RBH Properties.

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  • 2 weeks later...

An update - thank you so much again FTMDave.  I did as you suggested and had a very nice email back from the building owners.  They thanked me for bringing the matter to their attention and said they had asked Bank Park to contact me directly to confirm cancellation of the PCN.  Am still waiting for the official confirmation from Bank Parking, but wanted to let you know what the building owner had said.  I'd not thought to contact them and particularly appreciated you finding out the email address for me.

 

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That's good news.

But you must treat the invoice as active until you get it in writing from Bank Parking that they have cancelled it.

It's a favourite tactic of the fleecers to "forget" to cancel these tickets, we've seen it time & time again.

Recently we had someone who was being taking to court by a PPC, a company like RBH Properties were being decent and telling the PPC to back off, we warned the Cagger on multiple occasions to file a defence and not rely on the PPC doing what they were told - result, they didn't file a defence and lost the court claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...
On 06/10/2023 at 12:25, Beels said:

now received - but not until I requested it

Unfortunately, they aren't like you...

On 07/09/2023 at 13:44, Beels said:

basically I'm an honest person

Show us your trophy letter then!

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

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I'd just sent a one liner email to the Parking Company  - "Hi, I had expected to have received confirmation from you that the above Parking Charge Notice has been cancelled.  Could you please provide confirmation?"  

The Parking Company responded by email saying :

Good morning

We can confirm that this PCN has been cancelled.

Many thanks

So sorry I can't preovide a trophy letter!

 

 

 

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  • FTMDave changed the title to Bank Park Management ANRP PCN - overstay - Pennine Five, Sheffield ***Cancelled by landowner***
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