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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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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.

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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
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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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Can this Parking Ticket be Challenged.

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A PCN dated the 5th of the month was received ref a contravention on the 27th of the previous Month.

However when the Charge Certificate was sent, it stated that the PCN was

dated the 27th of the Month, instead of the 5th.Whilst that is obviously wrong, I suppose that they could always rewrite the Charge Certificate with the correct date and continue the collection process?

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patdavies

patdavies

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A PCN dated the 5th of the month was received ref a contravention on the 27th of the previous Month.

However when the Charge Certificate was sent, it stated that the PCN was

dated the 27th of the Month, instead of the 5th.Whilst that is obviously wrong, I suppose that they could always rewrite the Charge Certificate with the correct date and continue the collection process?

 

Why did you not challenge this at NtO stage?

 

By the time a charge certificate is issued, you are out of time to appeal.

 

Your only hope as I see it is to apply to the adjudicator for leave to appeal as the charge certificate is unlawful.

 

You need to scan, wash and post the PCN, NtO and CC, in order that we make an informed judgement.

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patdavies

patdavies

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OK. The next stage after the CC is a court judgement from the TEC at Northampton. This provides a CCJ which can be enforced by bailiffs.

 

At that stage, your friend can make a statutory declaration to the effect that the CC was ambiguous/unlawful and as such did not constitute a CC. He will then get the case set back to the NtO stage and can appeal to the adjudicator.

 

We do need to see the docs to see if there is a reasonable challenge to be had for the PCN/NtO

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