Jump to content


  • Tweets

  • Posts

    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Flexy Cars, Southall - rights to reject a car


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2004 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good morning,

I am looking for some advice.

 

I purchased a car from a dealership on Thursday.

On test deive all seemed well.

When I paid and signed for car they then told me the car had no MOT.

I waited for 4 hours with my 2 year old son which was stressful to say the least.

 

I got home with the car and noticed a few functions did not work.

The heated seats, sat nav and mp3 connection.

Was told it all worked and yes maybe i should have checked it out but with a 3 month warranty I was assured the issues would be fixed.

 

24 hours after having the car a clonking starting under the pedals (automatic).

My partner drove it and said we would get it looked over.

That evening my steering wheel comes lose whilst I'm driving with my children in the car.

I panic and refuse to drive it home.

 

Call the dealership and they are offering to fix the issues discussed.

I was happy to do this at first until the sales man explained that the machanic had rushed the work because i was waiting and did not "SCREW IT BACK PROPERLY" meaning the steering wheel.

 

I now have no faith in them fixing the issues and have told them that I am rejecting the car as it ia my right to do so.

I have also recorded the conversations where he has admitted three times that the car was rushed and was their error.

The car in unsafe to drive and was sold unsafe.

This is a miss sell.

 

He says he will call me back today to let me know what the director of the dealership will offer me.

I do not want a repair from them.

I want my money back.

 

Any advice would be grateful

 

Thank you

Edited by dx100uk
spacing
Link to post
Share on other sites

Please have a look at the Consumer Rights Act. You are entitled to reject the vehicle and to insist on a refund if a defect occurs within the first 30 days of ownership.

 

Write an immediate letter to the dealership – send it by email and also by recorded delivery and make it clear that you are asserting your rights under the consumer rights act and that you are rejecting the vehicle.

 

Tell them also that in view of the problem with the steering, it has been sold in an unroadworthy condition which is a criminal offence and that if they cause you any problems that you will report this to Trading Standards.

 

What is the name of the dealer?

Link to post
Share on other sites

Brilliant. I was going to threaten with reporting them to trading standards and the driver and vehicle standards agency as i now suspect the MOT may not havr been ligit either. I am hoping to get a straight forward refund as i paid the full value for the car by debit card.

 

The dealership is Flexy cars in southall. I just have a feeling they are going to be really awkward about it all. Maybe the fact i have recordings of admissions, they may just deal with it sooner rather than later.

 

Thanks again

Edited by dx100uk
quote
Link to post
Share on other sites

If they refuse to refund, report them.and get a chargeback through your debit card.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

i now suspect the MOT may not havr been ligit either.

 

The dealership is Flexy cars in southall.

 

Thanks again

 

A no-legit MOT would be a very serious thing and you should be careful about making these kind of allegations without proof. If they do cause you difficulty then I think the thing to do this to go elsewhere and get an independent MOT and see if it passes. If it fails then your suspicions will be borne out and it will give you extra ammunition. I think it is worth being cautious about these kind of things

Link to post
Share on other sites

A non-legit MOT would be a very serious thing and you should be careful about making these kind of allegations without proof. If they do cause you difficulty then I think the thing to do this to go elsewhere and get an independent MOT and see if it passes. If it fails then your suspicions will be borne out and it will give you extra ammunition. I think it is worth being cautious about these kind of things

 

 

 

I completely underatand that. Obviously wouldn't report this unless I was sure.

Link to post
Share on other sites

Please have a look at the Consumer Rights Act. You are entitled to reject the vehicle and to insist on a refund if a defect occurs within the first 30 days of ownership.

 

Write an immediate letter to the dealership – send it by email and also by recorded delivery and make it clear that you are asserting your rights under the consumer rights act and that you are rejecting the vehicle.

 

Tell them also that in view of the problem with the steering, it has been sold in an unroadworthy condition which is a criminal offence and that if they cause you any problems that you will report this to Trading Standards.

 

What is the name of the dealer?

 

 

 

The dealership are claiming that they need to get the car back to diagnose the issues even though they have already said it was the mechanic not screwing the steering wheel properly.

 

I am reluctant to drop the car back to them. What would your advice be please

Link to post
Share on other sites

I have now sent the email about rejecting the car using my CR. I will allow 14 days before beginning court proceedings. Will also look into chargeback before doing this although I have been told it is not straight forward and the dealership can argue it.

 

Feel so upset that I have spent £8.5k on a dodgy car :(

Link to post
Share on other sites

The chargeback is straight forward. It gets refunded to your account, then investigated. If the investigation finds that the money was sent genuinely and youre not trying it on, then it is refunded to the car dealer.

 

Be aware though, that with a lot of dodgy garages, they will close down and reopen under another name, effectively trading as a different company. If they do this before you file court papers, then youll be very hard pressed to get money back.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

The chargeback is straight forward. It gets refunded to your account, then investigated. If the investigation finds that the money was sent genuinely and youre not trying it on, then it is refunded to the car dealer

 

Be aware though, that with a lot of dodgy garages, they will close down and reopen under another name, effectively trading as a different company. If they do this before you file court papers, then youll be very hard pressed to get money back.

 

 

 

Thank you. Can I do the chargeback under these grounds with the evidence I have? I am trying to work out the quickest way to get my money back. Also do I have access to the money when they reverse the transaction. It's all so long. I am so upset about it all.

Link to post
Share on other sites

You can certainly try and i would consider it as an option. Although i would follow procedure as you are doing now and see where that letter gets you first. Make them fail, not you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

As a bit of advice, next time you buy a vehicle from a trader or a used car forecourt, take a friend who knows about cars, or a qualified mechanic along. If the garage owner wont let them inspect the car... simply walk away. Any reputable dealer would have absolutely no issue with you or them inspecting the car if it was a legit sale.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

They are still refusing a refund. I'm so stressed about it all. Am taking the car to a garage for them to wrute4a report and the i am going to try and get a charge back through the bank. If that fails then it will be court :(

Link to post
Share on other sites

Have you actually said the letter of claim giving them 14 days or there will be legal action? Make sure you do today. Send it recorded delivery.

 

At the end the 14 days, be as good as your word.

Link to post
Share on other sites

Have you actually said the relative for claim giving them 14 days or there will be legal action? Make sure you do today. Send it recorded delivery.

 

At the end the 14 days, be as good as your word.

 

Yes sent via email and will be sending the recorded letter today. I have just phoned and they are now saying the manager is off sick. I really did not want this to be so complicated but looks like they would rather me take them to court.

Link to post
Share on other sites

Not your problem if hes off sick. On the 14th day, if the money isnt in your possession, go file that claim.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Not your problem if hes off sick. On the 14th day, if the money isnt in your possession, go file that claim.

 

 

So i have now dropped the car back after more lengthly arguments, he has agreed to refund the money within 14 days. Have signed a contract stating this but he was adamant that i leave the car. Is this the correct thing to do?

Link to post
Share on other sites

As long as they don't go to the wall in the meantime in which case they have your car and your money.

 

Have you send them a letter before action? If not you should do so immediately and point out to them that they have agreed to return your money in 14 days. They are at liberty to return it earlier but if they have not returned within 14 days, you will issue legal action and without any further notice.

 

You don't do this now then if they fail to give you your money you will then have to threaten them and wait a further 14 days. By sending the letter before action now, if they don't return your money then you can issue the claim immediately.

Link to post
Share on other sites

As long as they don't go to the wall in the meantime in which case they have your car and your money.

 

Have you send them a letter before action? If not you should do so immediately and point out to them that they have agreed to return your money in 14 days. They are at liberty to return it earlier but if they have not returned within 14 days, you will issue legal action and without any further notice.

 

You don't do this now then if they fail to give you your money you will then have to threaten them and wait a further 14 days. By sending the letter before action now, if they don't return your money then you can issue the claim immediately.

 

 

Ok brilliant will do this asap.

 

I was reluctant to leave the car but i had the agreement so lets just hope that they stick to their word. Thank you for tge advice.

Link to post
Share on other sites

keep your eye on the business. It sounds like he might try to change the business. Especially if he has demanded you leave the vehicle there

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

keep your eye on the business. It sounds like he might try to change the business. Especially if he has demanded you leave the vehicle there

 

 

Sorry maybe being stupid. Let's say he does this and doesn't pay up, can i then use chargeback with the signed agreement as evidence? Just trying to make sure i am exploring all avenues

Link to post
Share on other sites

Probably not as the company would change and theyd shut down that bank account and open a new one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

So the dealership told me i would have ny refund this morning but nothing. I have called and told them that i can see the car is up for sale again and i am within my rights to come and collect it until i have my money back. Would this be advisable? I know i have 14 days until i can take them to court but i need to purchase another car. I have 3 kids and i care for my nan. Am feeling very frustrated by it all.

Link to post
Share on other sites

They might wait until you start court proceedings and then change company.

What's the name on your sale receipt?

In particular, does it mention limited company or Ltd anywhere?

If not, you should go after the owner personally and this could be a good thing if they have assets.

If the receipt is from flexi Ltd, they can easily shut down and reopen next day with another name, leaving you short of £8.5k.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...