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By anotheruser0000 · Posted
@lookinforinfo .... Is there grounds to appeal or challenge the judgement in that case LIFI? -
I don't think it's quite as bad as that Dave. I seem to remember the brother has no driving licence? So any snotty letter would be a real doozy! And if they pursue it further after that, they would look extremely foolish... As long as the brother definitely didn't appeal as the driver, of course. -
Have you received your Notice of Allocation N157 ? -
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Based on ECP's previous, what will definitely happen is this. They will send more idiotic letters. After they will send a Letter of Claim, and it is essential that your brother replies at this point to this to show them he would be big trouble in court. Next it is highly likely (but not certain) that they will crawl back under their stone and that will be the end of the matter. The slight worry is that if they do do court it will seem a likely story to a judge that your brother has no connection to the ticket, when it was him who appealed and replied to the Letter of Claim. Indeed I think it would seem the lot of you were playing games with ECP and with the court by getting unconnected people involved and then later deny they were involved. So be aware there is that slight risk. You talked about "a mess" in your first post, and you weren't wrong. Someone hires a car and gets a ticket. There is an appeal. Who appeals, the hirer? No, the hirer's mate's son. Obvious! There is an approach for help to a consumer website. By the hirer? No, by the hirer's mate's son's brother! This is so damn silly and totally avoidable. Anyway, it seems the decision has been made for your brother to carry the can so whatever consequences will ensue will ensue.
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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-
- 81 replies
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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Barclaycard v debt star *WON charges * - now
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