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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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    • 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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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New car purchase consumer rights


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My problem now is.

I've ordered a new VW T roc from my local VW dealer on PCP and paid £250 deposit. I've put my Golf in p/x which was also on PCP with a small amount of negative equity on it, which will be encompassed within the PCP agreement payments for the new car. I'm happy with the cost.

The car is due for delivery in March.

Last night I discovered the VW T roc owners forum on the internet and there are 19 pages of comments by disgruntled new T roc owners complaining of there new car kangarooing in 1st gear and some also in 2nd gear especially when the engines cold. Apparently it's only on VW's new 1.5 petrol engine which I have ordered. The same is happening on the Skoda and Seat cars using the same new 1.5 VW engine.

These owners have taken there vehicles back to there respective dealers and they are unable to fix the problem. VW UK technical have got involved, sometimes they tell the owners they are not aware of any problem with the new engine, and sometimes say they are working on the problem and have been for months (they cant make there mind up which)

A couple of new owners are going to reject the new cars and others have sold them early because of the fault.

They are not happy because otherwise they really like the cars they have bought.

However some owners don't appear to have kangarooing fault.

My predicament is.....do I cancel the order and risk losing my £250 deposit, or keep it and take delivery.

If I take the chance and take delivery, and it has the kangarooing fault can I reject it immediately within 30 days without giving the garage the chance to fix it (which it seems they cant as VW UK Technical cant work out a fix)

If I reject it I can anticipate that with my luck I will end up with a big battle with the dealer and VW finance.

If they do accept the vehicle back will they return the Golf to me, what if they have sold it?

Shame really because I've bought a few VW's from this dealer before and I've always been impressed with them.

I also really like the car.

Problem is with VW they have left there reputation in tatters with the emissions scandal, that's always in the back of my mind.

£21K is a lot of money if the car turns out to be a lemon which cant be fixed!

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My problem now is.

I've ordered a new VW T roc from my local VW dealer on PCP and paid £250 deposit. I've put my Golf in p/x which was also on PCP with a small amount of negative equity on it, which will be encompassed within the PCP agreement payments for the new car. I'm happy with the cost.

The car is due for delivery in March.

Last night I discovered the VW T roc owners forum on the internet and there are 19 pages of comments by disgruntled new T roc owners complaining of there new car kangarooing in 1st gear and some also in 2nd gear especially when the engines cold. Apparently it's only on VW's new 1.5 petrol engine which I have ordered. The same is happening on the Skoda and Seat cars using the same new 1.5 VW engine.

These owners have taken there vehicles back to there respective dealers and they are unable to fix the problem. VW UK technical have got involved, sometimes they tell the owners they are not aware of any problem with the new engine, and sometimes say they are working on the problem and have been for months (they cant make there mind up which)

A couple of new owners are going to reject the new cars and others have sold them early because of the fault.

They are not happy because otherwise they really like the cars they have bought.

However some owners don't appear to have kangarooing fault.

My predicament is.....do I cancel the order and risk losing my £250 deposit, or keep it and take delivery.

If I take the chance and take delivery, and it has the kangarooing fault can I reject it immediately within 30 days without giving the garage the chance to fix it (which it seems they cant as VW UK Technical cant work out a fix)

If I reject it I can anticipate that with my luck I will end up with a big battle with the dealer and VW finance.

If they do accept the vehicle back will they return the Golf to me, what if they have sold it?

Shame really because I've bought a few VW's from this dealer before and I've always been impressed with them.

I also really like the car.

Problem is with VW they have left there reputation in tatters with the emissions scandal, that's always in the back of my mind.

£21K is a lot of money if the car turns out to be a lemon which cant be fixed!

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As you have presumably entered into this contract at the dealership, it is not subject to the distance purchasing regulations which would have allowed you to have a 14 day cooling off period after you had taken delivery of the car.

 

This means that if you want to cancel then you do stand a chance of losing your deposit. On the other hand, as you have already suggested, if a defect occurs within the first 30 days then you have an absolute right under the Consumer Rights Act to return the car and to demand a refund along with any other losses you might reasonably have incurred such as insurance penalties for early termination, et cetera et cetera.

 

In order to benefit from the short-term right to reject you would have to notify the garage preferably in writing and make it very clear that you are asserting this right.

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By the way, you can also go back to the VW forum and tell them that if they want help dealing with obstructive dealers and they should come here for free, no strings support and advice

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By the same token with a motor vehicle they cna deduct a percentage for "use" and this could be more than the £250 so one needs to be careful.

Perhaps a better idea would be to see if the dealer is willing to transfer the deposit to another model in the same brand?

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I don't for a moment believe that the courts will accept that there has been any "use" of the vehicle which has only recently been ordered and is not due for delivery before March.

 

The deduction for use as nothing to do with depreciation. It has to do with the value which the consumer has had from the vehicle. Clearly in this case it would be zero

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Can you reject the car within the 30 days without letting them attempt a fix, or will an attempt of a fix by the dealer erode my rights?

 

I only ask this because it seems VW Technical themselves haven't worked out a fix yet.

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You are under no obligation to allow them to attempt a repair. I would say that if you did allow them to repair then you move to the six months right to reject which basically puts you into the same position – they attempt to repair, the repair fails, you are entitled to reject the vehicle.

 

The thing to do is to put it to them in writing and make sure you have a copy – that you have asserted your rights.

 

Of course bear in mind that there must be thousands of VW's which work perfectly well. You could just as well take delivery of the car and then test it out and as long as there was no defect, you carry on driving and you have the car that you prefer without any hassle. If it happens to be one of the minority – and surely it must be a minority – which develops a defect then you can fall back on your consumer rights.

 

Don't forget that the consumer rights act is not the be all and end all of everything. Just because six months expires doesn't mean that you don't have any rights. You still have the basic law of contract behind you and that means that you are entitled to have a car that perform satisfactorily for a reasonable period of time. If it starts to develop a fundamental defect in the first few years – and especially if that defect is put down to some inherent fault – then you are still in a position where you can insist on a repair and if they can't repair it or if the repair fails you can then say that they have breached the contract and you want to terminate it.

 

It's really not much more complicated than the CRA. The CRA does very little other than create rights in respect of minor defects which occur within the first six months – but it does not particularly amend or replace the existing contract law.

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  • 2 weeks later...

Out of interest who would be responsible for a new car rejection under 30 days. Would it be the VW dealer or Volkswagen Finance (PCP deal).

Personally I would say the dealer because they are he people I have made the contract with, am I right?

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Yes.

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