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By Malocclusion · Posted
Hi All, Can ii get advice on this PCN received at the services near stansted airport. Picked someone up at night and went to grab coffee and snack in mc Ds, and didnt realise there was zones in this car park, it was late dark and pouring with rain so obvious u see the large 60mins parking free and dont stand around reading everything. My son and his mother were in the back of car still as he was sleeping. Ticket appears to be from CCTV camera should i appeal, then see what they say (assume it will be rejected) then go to POPLA, Thanks in advance 1 Date of the infringement 28/4/24 2 Date of issue 30/4/24 (says 14 days from date of letter) 3 Date received 4/5/23 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] N 5 Is there any photographic evidence of the event? pic car and n0 plate 6 Have you appealed? [Y/N?] post up your appeal] Not yet Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? MET Parking Services 8. Where exactly [carpark name and town] Southgate Park, Stansted (parked on starbucks side which was shut) For either option, does it say which appeals body they operate under. cant see it If you have received any other correspondence, please mention it here No other correspondence pcn.pdf -
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By BankFodder · Posted
If you are confident that citizens advice are going to give you the help you need, then you should stick with them. No point in trying to ride two horses at the same time. It will only lead to confusion and conflicting advice. Also, the people at citizens advice get paid. Everybody on this forum works completely free of charge – no payment – no strings. I hope you get your money back, but for the moment I'm going to close this thread -
While I agree with getting it done by an authorised dealer in this case, for future reference a stop/start battery for one of these cars are about £120 and anyone with a £40 BMW specific scanner off of Amazon can "register" the battery. -
Dave, Section 12 seems to be a bit of a dangling limb on it's own, with no reference or explanation about the "breach" of parking out of hours. Also, rather than draw any attention to the specific 22:00 to 08:00 wording on their "draft signage", how about a slight reshuffle ...? 11. The claimant provides 2 copies of the signage on this site. One of the signs shows a time restriction of 2 hours, the other sign shows a parking restriction of 3 hours. 12. The driver stayed under 2 hours so even had the signs been visible the driver would have respected the Claimant's terms & conditions. Are the above strictly needed? The claimant has made no references to an overstay, just "out of hours". 13. The claimant also states in paragraph 8 of the witness statement: "On 17 March 2023 a vehicle with registration number was recorded as having breached the terms and conditions of parking. The driver of the aforementioned vehicle was in breach by virtue of parking on site out of hours." 14. The claimants Exhibit BA/2 also does not specify any times for "out of hours parking". Breach of a non-existent terms is not possible. Or something along those lines? Screws up the the paragraph numberig a bit though...
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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-
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- 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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