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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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I part ex'chg my car to a dealer, he is saying it blew up on way home. What are his/my rights? *** Claim struck out ***


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I had arrange via the internet to part exchange my car for a better one, the day before the exchange happened I had problems with my car, I spent £1000.00 to get it going, it also needed a new turbo, I phoned the dealer and explained the situation in full. He said he was happy to go ahead with the deal and take car needing a turbo as long as I covered costs.He called his garage they said 750 for new turbo so I gave him a credit card payment for the 750. The exchange went ahead the next day, 4hours later I received a phone call saying the engine had seized/blown up, I checked with my garage who done the work and said this isn't my fault and no one could pre see this happening. The dealer keeps phoning me saying he cant afford to fix car, do I have to pay him for the repairs?

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he has no comeback on you, he is a dealer and was fully aware of the facts when the deal was made. I am sure the deal that was made allowed him a some profit on any resale, so thats his gamble, if he has a little or lot of work to do before he can re-sell.

I pressume you have all the paperwork, receipts etc.

The problem might be later if something goes wrong with the car you took of him; he may not be very forthcoming in helping you.

He may threaten to take you to court, but if paperwork in order, dont worry about it.

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Thank You for your help.

The dealer called yesterday and said the engine has not seized as it was turning over, said he will now be stripping down engine and looking for fault and that he would contact me later in week to talk about damage. Feeling very stressed at this whole situation.

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  • 3 weeks later...

Tough cheese on him i think.

With most dealers once you drive off thier premises, its tough if anything goes wrong.

I would ignore all letters, and if he keeps calling, id advise him to go take a walk and be quiet or he will hear from my solicitor on grounds of harassment.

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  • 2 weeks later...

Received a letter today, ha said he is cancelling our contract and I have 7 days to return the car to him at my cost and arrange to collect my old car( also at my cost) or send him £4000.00 with 7 days! If I do not do either he will be taking me to a claims court, at my expense to recover his loses on the deal :@

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I am not an expert on this particular field but I think the siruation is quite clear - he bough the car off you having been made aware of the problems and agreeing a price to fix it. It is now his problem. If this was all doen on the internet, do you have e-mails proving this train of events?

 

If so, put them on one side so they don't get deleted and print off copies to keep with any other paperwork.

 

If you don't have any e-mails, things could be a little more difficult but I still think you have a case as a court judges on the balance of probabilties - he is the dealer and should know what he is buying, especially as you told him the problem. The bill he is trying to get you to pay is evidence that you are telling the truth.

 

I don't think you should return the car to him or pay him any more money. If he is stupid enough to actually take you to court, he will lose.

 

raydetinu is completely right IMO

 

If the terms really are that small I would say they are illegible and therefore unair!

 

 

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Do the t & c's mention anything about the trade-in vehicle condition? In any event, i'm not sure that their t & c's necessarily have any legal status. Generally buying privately is a 'buyer beware' scenario and unless you ave blatantly made false statements about the condition of the car then the buyer has no come back. The dealer was made aware of the tubo issues so IMHO, you have fulfilled your obligations to him. However, to be sure, I would either consult trading standards for advice or sorce an appropiate solicitor who will perhaps give a free initial consultation.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

 

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Have spoken to Consumer Direct and a solicitor, have sent him recorded delivery the following:

With reference to your letter dated 1st April 2011, I feel I must make one final response to you, with regard to this matter.

I have today taken advice from Consumer Direct and my Solicitor. Consumer Direct are funded by the Office of Fair Trading. Both of which have assured me that I am in no way responsible for any mechanical defects that have occurred on the vehicle since being in your possession.

The vehicle was not, in any way, misrepresented by myself, I made you fully aware of a turbo fault, which you charged me £750.00 for, a costing quoted from Baytree.

I would also like to point out that the vehicle was collected by a representative of your company, who inspected the vehicle and subsequently found it to be fully acceptable.

The vehicle was then driven some 130 miles.

I therefore do not wish to hear anymore from you on this matter, otherwise I will deem it as harassment.

 

It seems a little harsh but its not looking like I have an option!

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  • 4 weeks later...

Have recieved a reply today from the dealer, saying, "He has now prepared a case for the small claims court. However he is willing to expect 50% contribution within the next 7 days to stop it or he will have no choice but to move forward with court proceedings".

 

He is not giving up, more sleepless nights of worry !

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Have recieved a reply today from the dealer, saying, "He has now prepared a case for the small claims court. However he is willing to expect 50% contribution within the next 7 days to stop it or he will have no choice but to move forward with court proceedings".

 

He is not giving up, more sleepless nights of worry !

 

Stand your ground.... plenty of help here.

As has been said before.... he new what he was buying.

He is chancing his arm, hopeing for a cpl of quid.

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If he does in fact issue court proceedings, don't panic. He has no case (no cause of action) and we will show you how to apply to have his claim struck out.

 

 

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