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    • Tubi will offer more than 20,000 films and TV series, including Hollywood titles and British content.View the full article
    • Thank you for your assistance FruitSalad Post #131 February 10th 2024 I notified the group that the court date was set for July 19th 2024 😔  What do you advise in this situation?  Will they be able to give mum an extension?? Thanks again for your help it is much appreciated.   
    • If the hearing date for this claim is 19th July as suggested above that realistically leaves today and tomorrow to prepare, file and serve a witness statement on the assumption that documents for trial are usually submitted 14 days before the hearing. I do not think it is a good idea to emphasise or even mention the purpose for which you sought your personal data because it: 1. is not required in law; and 2. opens up the question of whether the purpose could be subject to an exemption. (It isn't but it is a point that could be easily muddled). In my view, the case cited in their settlement offer is out of date and superseded by both recency and hierarchy of court. A quick read through shows that the timeline for appeal was extended awaiting the UKSC decision in Lloyd V Google, further quantum has been ruled on in other cases in the Court of Appeal to which the High Court is bound. In your case this is a failure to disclose data in breach of a statutory deadline, which no doubt was carefully considered by the legislator to provide well resourced organisations ample time to comply. As a side note, if you want to come across as credible in front of the judge, be clear what the statutory timeline actually is. 30 days is incorrect and the judge may seek to clarify this point. Rolfe & Ors v Veale Wasbrough Vizards LLP [2021] EWHC 2809 is about the accidental disclosure of a single document to someone other than the intended recipient, not a lazy, predatory organisation that cannot be bothered to comply with data protection legislation. Subject to judge lottery, it is clear which circumstance is more likely to leave a bitter taste in ones mouth. If you wanted to appear reasonable and given that your data arrived somewhat simultaneously as you submitted your claim, you could consider making an offer of settlement based on this point for perhaps half the money you were seeking as the breach was eventually rectified. In any offer you may choose to make, you could drop them a hint that you are aware the case they citied is useless to their defence or you could leave them in the dark as to your true understanding of their position.
    • Ovo Energy and Tesco Clubcard have teamed up so you may be able to collect 2500 Clubcard Points READ MORE HERE: Collect 2,500 Tesco Clubcard Points With OVO | OVO Energy WWW.OVOENERGY.COM Switch to OVO now and get Tesco Clubcard points worth £25. Find out more here, including how to switch, link your accounts and collect your points.  
    • Researchers are seeing how fast data can be delivered amid rising demand for bandwidth.View the full article
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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.

      Please can you advise what I need to do today to get this done. 
       

      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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Parking authorities in the UK have published new car parking rules today that will affect all drivers in the country. - eh?


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From October 1 this year, all newly opened car parks will be required to operate under these new rules. For existing car park operators, they have until the end of 2026 to bring their sites in line.

Here are some of the key changes motorists should be aware of:

Drivers will be given a 10-minute grace period during which no parking charge can be given

Clear signs arerequired to help drivers navigate the car park, and know where they can and cannot park

The parking charge cap of £100 is maintained, reduced to £60 if paid within 14 days

A new Appeals Charter will create clearer parameters for when motorists can appeal against a parking charge

This new code has not been produced by the government, but by the two sector regulators which private parking operators must register with to operate.

The new code is a joint project between parking sector regulators the International Parking Community (IPC) and British Parking Association (BPA).

Parking fines are changing – here’s everything UK drivers need to know (msn.com)

..............................

eh?

this seems a spoof?

dx

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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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I don't think it is a spoof.

I have seen talk of it before.

And with the rogues BPA and IPC working together you can bet that they will continue to ensure that motorists get ripped off every step of the way.

Pontius Pilate only washed his hands once when involved with Jesus Christ.

These two shockers do it virtually every day as well as closing their eyes to the worst excesses carried out by their members.

Indeed they are the ones who advocate adding £60 to £70 to every unpaid PCN regardless of the Government and the Courts both saying it is unlawful. 

So don't expect that rule to be expunged from their rules.

And it is just that sort of behaviour from them that encourages the crooks among their members to carry on stretching their law breaking even further without any sanctions from you know who.

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Same poor info on 'fines' and 'tickets' here by Sky News

NEWS.SKY.COM

A legally-backed code of conduct was due to come in force by the end of last year but was withdrawn by the government after parking firms challenged it.

 

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5 minutes ago, Homer67 said:

FINES??? How very dare they.

A fine is a penalty that requires the convicted person to pay to the public treasure a sum of money fixed by law after an offense has been committed.

Don't question the TV and Media/Newspaper definition :)

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Not only will BPA IPC be hoping their joint CoP achieves respectability they'll be quietly hoping it stops regulation from bodies outside their industry and changes to their members money making practices.

 

There were many articles online today giving opinions on this code and I would have to agree with those stating the code is 

watered down, falls far short of the standards the Gov and consumer groups have called for across many years

not the same as the long-delayed official private parking CoP that is backed by legislation

anarchy on a grand scale and of huge interest to Britain's 35 million frustrated motorists

 

Anyone interested in reading the full code can download it from https://www.britishparking-media.co.uk/news/private-parking-sector-single-code-of-practice-published

Edited by singleton
Wrong text
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Very disappointing after all the expected 2022 COP.

Another failure by government to do the right thing. 

Still looks like at least 3,000 jobs will be saved (sadly) and 43% of predators will stay in Business (mores the pity). 

No mention of bullying behaviour or big red letters.

Seems like apart from the requirement for better signage, which will probably be ignored by the likes of.

VCS etc.

not much has changed apart from a new appeals charter by you know who!!!

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dont think this has anything to do with the 2022 COP on going debacle.

it's just more of their own mantra and scamming in updating a system that monetary wise, has not increased to them in years.

dx

 

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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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Share on other sites

Oh don't worry. They have found ingenious new ways to extract money from motorists over the years.

Things like requiring entering your vrm on a list and it has to be exact as well as cancelling items from their initial Code of Practice as they were losing their members money.

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I was about to comment on when there was going to be a joint Code of Practice when I discovered there already was one which apparently come into force on June 24th 2024.

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPracticeVersion1260624.pdf

Obviously they still continue to allow the additional £70 unlawful charge . Interestingly they do include the need for planning permission! though that will probably be for new members while the old ones may have to wait  till 2026 to get their Code into synch. with this one.

And some of their Annexes are going to hurt the more extreme parking rogues so while their Code is not as strong as the withdrawn Government Regulations they are a step in the right direction. And obviously hoping that the new Government while not bother to reintroduce their version.

Although this new Code shouldn't affect our current PCNs, any new ones from the 27th June should be compared to the new Code of Practice.  Prepare for mayhem.😁

Edited by lookinforinfo
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Oh yes I forgot one important one. They still think that the driver and the keeper are the same person. And they do not even consider that the reason the keeper does not reveal who was driving could be because they were protecting their wife or one of their children.

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You have to hand it to the parking companies, they have done a pretty good job of blind siding the media into reporting this as "new laws" or "new rules" as if their Code were from an official body or from the government or had some formal legal status. It doesn't, it's just the PPCs' own opinion of what a Code of Practice should say, issued jointly by their trade associations BPA and IPC.  It is not endorsed or supported by government (and doesn't claim to be).

Nevertheless it will still indirectly have some legal effect because the DVLA rules on giving vehicle/keeper information to PPCs requires [my bold] that they "must be a member of a DVLA Accredited Trade Association (ATA) and operate in compliance with the association’s code of practice".  

As noted already in the thread they put in several provisions that favour themselves. I see they make this assertion, but cite no legal authority for it [my bold]:

"NOTE: The driver is often the same person as the keeper and/or the hirer. Where a keeper or hirer fails or refuses to provide the name and serviceable address of the driver when requested to, it may be assumed they are the driver, based on that failure or refusal. "

The withdrawn government Code made no such statement but we've already seen the assertion made in a number of court claims brought by PPCs and now it's in their Code we can expect to see more. It would be good to see one where the judge rejects it.

All this has come about of course because of the failure of the government to move forward with a statutory Code of Practice (to replace the Code they withdrew in 2022). The PPCs have stepped into the gap left by government inaction and perhaps hope that the government will take the easy route and simply adopt theirs?

But it still remains the law that the government MUST produce its own statutory Code. s1 Parking (Code of Practice) Act 2019.  Oddly I just discovered that the Act was brought into force on 24th May 2024, one of the last things the outgoing government did! The Parking (Code of Practice) Act 2019 (Commencement) Regulations 2024 (legislation.gov.uk)  

But no sign of a new draft statutory Code of Practice.  I wonder what priority the new government will give it?

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Well the Private Code of parking has come out just in time to shut down the rogues advising their members that they can charge the additional £70. 

Also it looks as if with the Consideration time with the Government scheme that there will be an extra five minutes or so included in the parking period. Unlike the rogues plan where they allow five minutes Consideration time which is not counted as parking, but if you do not leave it IS counted as parking. 

Absolutely pathetic-and greedy and confusing.

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