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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.  
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    • 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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Arnold Clark


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Hi Jules,

 

That post was really only out of interest, i have booked my car in with them twice, and neither time they had me on record that i was coming, although they took all details by phone and said i was booked in.

 

then i got a report from them about issues that i needed to get seen to on an r reg mondeo and nothing about it seemed right, lots of work which i wasnt sure was true, and a quote which seemed extreamly high. well, first they said £450 then £950.... hmm

 

then i got home, next morning my tire was flat as a pancake, and drivng home from AC the night before the steering had gone all wonky, not straight at all. this was after telling them to do nothing with the car as i wanted a 2nd opinion.

 

i know theres nothing i can do about any of it, although im questioning if it was anything to do with them, i cant prove it. but i was just asking out of curiosity if anyone else had any good or bad stories about them generally.

 

:)

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  • 2 weeks later...
  • 10 months later...

Hi involved in a long running dispute, trying to avoid having to lawyer up, essentially been told that the fault which left me with a statue of a car is down to me, as I should have known what work was needed, what was carried out, been able to tell it had been completed ok etc, in short I should have been a mechanic, done all the work and this wouldnt have happened. Can anybody help me get in touch with Sir Arnold himself? tried writing ut mail is blocked at head office, tried smta, no joy, trading standards? Arnold Clark dont speak with them and thers nothing which can be done! getting desperate now.

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  • 6 months later...

Arnold Clark are not a fit organisation to be trading in motor cars. I bought a Nissan Tino and 1 week after I bought it the bonnet blew up and smashed the windscreen. The AA were called out and in their report they stated that the bonnet release was "binds/jams/stiff/seized". They took the car to Arnold Clark for repair. They refused to repair it and said I should give them my insurance details or get a lawyer. When I asked the Sales Manager if the release had been lubricated he said he didn't have to answer my questions.

 

The car was repaired after I gave them my insurance information. When I picked the car up the release was in the state that the AA report described. I then took digital photographs. About one week later I had to return to Arnold Clark when the new windscreen leaked. When I collected the car this time I heard one customer complaining that the oil in his car hadn't been changed during a service another who bought a car one week ago with an MOT only to discover a seat belt slashed.

 

Trading standards said I didn't have enough evidence for a criminal court because I couldn't prove my case beyond all reasonable doubt. An AA report and photographs are not enough then what is?

 

The law needs to be changed.

 

Arnold Clark are bullies,rogues and liars. They are a danger to the public and it's just a matter of time before there is a fatality caused by them.

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Well your not the only two chaps who think that.

 

I just did a google 'arnold clark problems' and the search is full of stories just like yours.

 

You could also go here:

 

Arnold Clark - Blagger.com - The place to leave feedback and comments about companies you have used

 

and add your stories.

 

You better have a brandy ready when you read the other stories on there.

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  • 5 months later...

After reading the 100's and 100's of complaints about Arnold Clark I think we should all join together and make a stand against them. We will have more power together!

 

It doesn't matter if you no longer deal with Arnold Clark, you can help by telling us your story. I am personally still having problems but I will not let them get away with this.

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  • 7 months later...

Mansaman, you're oh so right. AC employ people in garage managerial positions, and others who make decisions of a mechanical nature, who by their own addmission know little or nothing about cars.

AC are only a selling organisation run by a crowd of would be GLESGAE HARD MEN. WIDE BOYS

WHY are Trading Standards not able to control them???

As a point of interest, look very closely at all those who have become "SIR" in the last few years---make your hair curl.

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AC are only a selling organisation run by a crowd of would be GLESGAE HARD MEN. WIDE BOYS

 

Nah.....just chancers

 

WHY are Trading Standards not able to control them???

 

AC size and the fact that they'll throw a load of money at top solicitors at it.....

together with the lack of adequate resources to fight AC

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The greed for money is all that this organisation is concerned with and understands. Perhaps as "arnold clark victim" says, we should find our own ways of being "Naughty" in a way that the AC **** understand!!! No what i mean, wink wink.

 

This outfit rely soley on the vulnerability and naivety of the motoring public. They offer what appears to be good deals on new or nearly new vehicles, but there their interest in customers ends. They have a servicing contract which is non refundable (or so they think). What happens if you write off the car, or sell it before first service due????? Do yourselves a big favour

 

This thread was supposed to be under "Vehicle dealers and manufacturers".

SUPPORT YOUR LOCAL FAMILY GARAGE---you will be better off in the long run, far past the apparent good deal you got at time of purchase.

Edited by scaniaman
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  • 1 year later...
  • 2 weeks later...

Just had my car Vauxhall Meriva serviced and MOT'd at Arnold Clark Garscube Rd, Glasgow on July 15th 2010 Failed MOT on following:

 

001 N/S F Headlamp aim too high (1.8)

002 O/S Front track rod end ball joint excessive play (2.2.B.1f)

003 (rack) steering arm relative movement at fixing (2.2.B.1f)

004 Nearside front brake application uneven (3.7.A.2c)

005 Offside front brake application uneven (3.7.A.2c)

Given a quote of £567.47 to put right.

 

As I had just spent £480.33 at Kwik Fit to get my brakes done the week before I was rather suspicious of the break fail, though would have accepted the other things, asked if I could speak with the guy who carried out MOT, was refused, asked to speak with manager, was again refused. Took my car and left.

 

Booked car in to have MOT (was quite happy to pay for this MOT just out of curiosity)at local garage, MOT carried out on July 16th 2010 (The day after Arnold Clark) Guess what? yep car failed MOT on the following:

 

001 N/S Front Headlamp Aim Too High (1.8)

Cost of repair £6.56

 

Only reason went to Arnold Clark in first place was when bought 2nd had Meriva was given 3 yr Service & MOT as part of deal, however will forego the rest of this as no longer trust them.

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Clansmen, Please do us all a big favour and report this to VOSA. They may put in a "ghost" car for mot to the same branch, just to test the accuracy of AC's testing proceedure.

It has to be said though, that every tester has to use his/her own discretion on certain items in the test, therefore it is possible that no two test results are the same.

Some years back, i took my car to local garage which is owned by a tester, but who does not run his own testing station now. Car had pre mot check and a few jobs done to reach mot standard.

In a rush to get mot, i took it to a mot while you wait garage. It failed for a minor suspension fault. On taking it back to local garage, the owner said he had noticed a minor amount of play in component but was within tolerance. Then when he found out where i had taken car, he said he knew that most cars fail mot at this place now, since they had had a grilling by vosa because of previous complaints. they were now being over cautious.

Please report your experience.

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You'll only get proper standards when VOSA decide to carry out vehicle testing themselves like is carried out iin some European countries. Why this country follows the system currently used is beyond me. It's too open to abuse. If VOSA did bring it all in house there would be no arguments, trading standards would be able to get on with real problems.

 

Time the industry was regulated and mechanics licensed as in Australia.

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Clansmen, Please do us all a big favour and report this to VOSA. They may put in a "ghost" car for mot to the same branch, just to test the accuracy of AC's testing proceedure.

It has to be said though, that every tester has to use his/her own discretion on certain items in the test, therefore it is possible that no two test results are the same.

 

tattiedigger, have already contacted VOSA re this they informed me that as vehicle was removed from AC without contacting VOSA to challenge the refusal then VOSA are not in a position to verify that no work was carried out on the vehicle to bring it up to MOT standards :mad:. I also agree that where no mechanical testing is done then it is up to individual tester to make a judgement, however brakes are mechanically tested using rolling road and therefore it is straight forward either it passes or it fails (assuming that rolling road has been properly calibrated). Where AC continues to place revenue generation responsability on testers then they will fail as many vehicles as they think they can get away with just to meet the target figures placed upon them by "Sir" Arnold, good job Scotland done away with the feudal system he donated all that money to the Labour Party for his title and it is worthless here in Scotland.

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Clansmen, I think you need to CHALLENGE VOSA. Some years ago, my son in law bought a car which turned out to be a complete heap. He took it back to the seller who resided in a Dundee slum, and was threatened with physical violence. On the way to our workshop the rear suspension dropped on a main road. I went out and did an emergency rescue (thank god the police didn't see). We called in the MOT as they were then known, and even after my father had done some work on the car, they went back to the crooked MOT station and hauled them over the coals for very recently having passed this heap. Eventually the station owner came to our garage and had another look at the car and left some monetry compensation for the son in law.

I totally agree with your opinion of the value of the title "SIR" here in Scotland.

What Heliosuk says is absolutely correct. Most HGV's and Buses are tested at Vosa stations, and the only people who can MOT a car without any axe to grind are some local councils, who have mot facilities, but can't repair your car.

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  • 8 months later...
Anyone had any expericance with them? In particular the Ford outlets?

 

Yes My son bought a car from Arnold Clark Penrith four months ago for eight thousand pounds, it is now off the road in an unsafe state to drive. (after having a vehicle check last week by Arnold Clarks marvelous engineer) ... We have been to Trading standards and are trying to sort this out using their advice to sue the finance company. Arnold Clark are a bunch of rude, intimidating, nasty people who shouldnt be allowed to deal with the public.

 

We have had an estimate done by an independent garage who wont let him drive it away. The drive shaft is bent and held on with one bolt... amongst many many other faults which fill an A4 estimate!

 

They could have killed my son ... which is not good... never upset a woman with threatening her children! I would like to take this as far as I can. Anyone want to help me?

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Welcome to the long list of AC victims Elaine. At 8K it's not a cheapo car. Arnold Clark and "Engineer" is a complete contradiction of terms.

I don't like the bit about TS telling you to sue the finance company!!!! Why are they not having direct contact with AC????? Since the car was bought only 4 months ago they should be advising you on your rights ie. SOGA.

PLEASE do me a favour--Write Heather Clayton of the Office of Fair Trading, reminding her of last years regulations on rouge car dealers. Tell your story and say that this issue is now "Collective" because of the number of complaints the OFT have received about AC. Ask her to carry out a full investigation into Arnold Clark's handling of genuine customer complaints. Better still, write all the above to your MP and ask him to contact Heather Clayton, as the OFT must respond to an MP. Look on this site under "Vehicle manufacturers and retailers"--people there will give you the full story on SOGA. Stay with it doll, it will be a long road, but you have the right to reject the car if that's what you want.

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The thing is apparently that when you buy a car with finance, you are effectively buying the car from them and they in turn bought it from AC.

 

That's why we have to sue the finance and not directly to the garage. They can in turn claim this back from AC. Although the Trading standards man said that they are all in bed together and its swings and roundabouts ... probably not bothering to claim as they bring in so much trade for them.

 

I think the MP letter is a great idea, I'll do that!

 

Thanks

 

 

Elaine

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Elaine, i'm sorry that no one else has replied giving SOGA advice. In the absence of expert advice, i can tell you that one option is to reject the car. To do this, you must firstly contact Clark and ask them to repair the car at no cost to you. Send letter by Rec Del, and keep copy. Perhaps give them seven or fourteen days to complete repairs or refund money. Do not use car meanwhile. This must be done within six months of purchase, so act now. I really feel that TS should have given you advice on all your options, and how to proceed.

I have heard it said that there is a saying within AC "We never take a car back". Under SOGA you have this right unless they rectify all the faults to your satisfaction. Make and year of car would help and list some of the defects.

If Clark won't entertain your request then you can report to VOSA, since the car is unsafe to drive and would not pass an MOT. The fact that Clarks "engineer" LOL LOL, inspected the car the previous week should give your case soliditarity.

Ask TS to give you a FULL explanation on your rights under SOGA.

Is there a local newspaper which might be interested in your story?? There is also a widely read Scottish newspaper called the Sunday Post, who have printed stories about Clark in the past. (Didn't help me--can't print the story here).

Email :[email protected]. Mark for attention of Paul Johnson, editor. He will contact AC to investigate claim of defects. Only thing here is that you must be VERY WARY of accuracy of replies to Johnson from Clark!!

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  • 11 months later...

Hi I got a car from AC on the 4th November, a Mazda 6 for £6000 and told them it had to be good for long journeys because am in the RAF. On the 6th of Feb my oil light came on so took it to a henry ford garage near my base and it needed an oil change because AC had put the wrong oil in, to top it off because it was in for that long it also need a new DPF unit so that cost me out my own pocket £1100 because they refused to pay it, I got a letter from the Mazda garage saying it was there fault and 2 letters from another 2 garages. I drove back to my AC garage and showed them the letters. They still won't refund me and I've been spoke to by them and head office like something they have stepped in. To top it off 2 weeks ago my turbo went and they told me they no nothing about fixing turbos and had to take it to a Mazda garage. Is there anywhere I can talk to sir AC on the phone.

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Hi green85. NO you can't speak to arni on the phone. Your comments regarding the way which AC head office spoke to you mirror my own experience---you're supposed to speak to an Alisdair Craig.

Did you pay for the car by HP or any form of VISA plastic?

Since it's less than six months ago since you bought the car have you considered rejecting the car under the Sale of Goods Act (SOGA)--plenty advice on this site on how to do this but the problem is that if you go down this road you cannot use the car after you notify them of rejection.

Apart from the above there are three things you may wish to try viz:-

Hire a lawyer to act on your behalf.

Report your complaint to your local Trading Standards office and ask them to take the matter up with Mr. Neil Colthart of Glasgow TS.

Write your MP stating your complaint and the reaction from AC. Ask the MP to forward your complaint to Mr. John Fingleton, cheif executive of the Office of Fair Trading, who is currently collating complaints against AC.

Sorry there is no quick fix to your problem.

Edited by scaniaman
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