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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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Dealer refusing right to reject


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Hi Folks, Looking for a little bit of help.

 

I recently purchased a VW scrioco from a dealership.

Good ratings in fact 5* across the board. Car was £7500, 2010 model, 56000 Miles.

 

Got the car home on the Sunday (20 mile drive),

Went to work on Monday and saw an oil patch on the floor.

Contacted the garage about this issue and told to clean the skid on the bottom of the car as it may have pooled from the recent oil change.

 

Did this then about 5 days later it was still happening.

At the same time i also noticed that the coolant was leaking whilst the car hand been driven all weekend.

 

Filled the coolant up 2 times and all drained out.

Went to start the car to head into the garage to let them run a diagnostics report and the car battery was dead and wouldn't turn over.

 

Told the garage via email and phone that i would like to reject the car under the CRA 2015 as within the 30 days. The dealership have rejected this as they believe its wear and tear. and wouldn't used a mediator to sort the problem out, in fact they wouldn't put anything in writing.

 

The car is currently with them for a diagnostics report.

 

Looking for a bit of advice as my next step, and what to do really as i believe these problems deem the car of unsatisfactory quality and also not fit for purpose.

 

Any help would be greatly appreciated.

Edited by dx100uk
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Tell them that if you wanted lemons you would have gone to the market, not a car dealer.

You are fully within your rights to reject.

Keep everything in writing and if you have to talk over the phone or in person, record the conversation.

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Update - on the phone following report. "There isn't really Diagnostics report. We have just fixed the seals." Mechanic says hes happy he has driven car and no leaks - Battery not tested "was in perfect condition when we gave you the car" . Am i still in my right to reject the car?

 

Dealership been shifty as you would expect.

 

All recorded on phone.

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Yes, you have already rejected the car via email.

Now that they've "fixed" it (We don't know what they've done to stop the leaks) they can sell it to someone else.

Unless you want the car, but if you do, make sure to let them know in writing that you will want a refund as soon as any of the leaks reappears.

Is this ex rental or repossessed ex finance?

Shouldn't leak at 56k miles, no even fiat.

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king12345, Whats my next steps then?

 

they are just saying come and collect the car and the mechanic will talk you through the issues.

 

don't want the car as 3 issues within 2 weeks doesn't fill me with confidence.

 

Wouldn't know if it was ex rental or repossessed?

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you leave the car at the dealership and send them a letter saying you have rejected it under the Consumer Rights Act and now expect your money back.

How did you pay? If by debit card to give them a couple of days to think about it and then do a chargeback. If you took out finance you let the finance co know that you have rejected the goods and your contract with them is now voided. Dont leave it too long as you have a shorter rejection period for the loan agreement than you do for the car.

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s.20 of the Consumer Rights Act 2015 outlines your "right to reject", within the first 30 days, you can reject goods for a full refund should a problem arise, in this case, the vehicle wasn't supplied "fit for purpose" or "as described".

 

Dealers cannot refuse this request, if they refuse, then your next recourse is a complaint to Trading Standards, and a Letter Before Claim stating that you've rejected the goods and a refund is due, don't faff around engaging in letter tennis, get a Letter Before Claim sent, if the fail to pay within 14 days, then issue proceedings against them.

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General update - Call today

 

garage - We haven't done a diagnostics, we have repaired the valves, haven't tested the battery as it was in perfect condition when we gave it to you. Can you come and collect it today?

 

Shall i collect the car as i dont want to leave them my car and then they fold as another feed on hear seems to show there same rejection of right to reject only last month. Then go and get a diagnostics report done? or shall i get the car stop driving it then issue the letter before claim?

 

also is this bol****s about it been wear and tear? They have said they have changed over 2 valves.

 

 

 

 

 

kc

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Valves at 56k miles...

Something fishy here.

Have you checked the mileage record on service invoices as well as previous MOTs?

Surely the car is a lemon and these guys are in business to screw people over.

Check how long the business has been running on companies house and check how many businesses the directors have closed down.

Also, is the receipt of sale headed with the limited company name?

Does it say limited or Ltd anywhere?

If so, it's a gamble to leave the car there and sue because you could lose it as well as the money.

How did you pay for the car?

Please don't say cash or bank transfer...

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Yeah Called VW this morning all services in book match there records, garages who did MOT's all match up with Gov site.

 

Collecting the car in the morning to keep on my premise till action resolved, as the invoice is from Ltd.

 

Been going since 2016 and the owner isn't included on anything else.

 

Contacted the finance company whom i got the car through and they have started an investigation and as they paid but my agreement is with them. Hopefully they can resolve it fairly quickly.

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If you've rejected the car, the whole point is that you're saying the car isn't fit for purpose, you're not requesting that they repair it, you're requesting that they refund you in full. It's pointless rejecting, and then doing as you're told by the dealership who decides to repair it anyways.

 

A car with that low of a mileage having such issues is a massive red flag, walk away.

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King12345 Bought the Car last month but the company has been trading two years or so.

 

Collected the car this morning to keep on my drive until the issue is resolved, drove 14 miles and car wasn't accelerating pulled over and there is oil all over the top back side of the engine block, got it towed home. Then the battery which they inspected wouldn't turn over.

 

Issuing final letter / email to them regarding payment. Following that the finance teams legal department are on the case.

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