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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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      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.

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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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    • 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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PCN - Council unable to accept immediate payment, should I still pay?

darylnaylor
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darylnaylor

darylnaylor

Posted
Posted

Advice please. On Friday 28th December I received a PCN for parking outside my house at 9am. Suitably annoyed, I wanted to get the payment out of the way straight away so I phoned up but they couldn't find the reference number. The reason was that it had only just been issued and I was told to try again tomorrow as payments within 24 hours of issue could not be taken.

 

My point is that I have followed the instructions as given on the PCN in order to pay the reduced amount of £30 only to be told that my payment cannot be accepted. There is nothing on the PCN to say that payments within 24 hours of issue cannot be accepted. What are my rights? Has this point been raised before? As far as I'm concerned I have done what is required of me and it is the fault of the council not mine that they have not taken the payment that I offered.

 

I've got 12 days left to pay the reduced fee, so any guidance in that time would be appreciated.

 

Thanks

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green_and_mean

green_and_mean

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I guess you could argue if you phoned up at 3am in the morning and got no reply or turned up at the cash office on a Sunday that you had tried to pay but I doubt it would stand up at adjudication if you then decided not to bother paying since the Council gives alternative methods of payment such as cheque by post.

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darylnaylor

darylnaylor

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Yes, but the times and days of these options are clearly stated on the PCN, so if I called at 3am or turned up on a sunday, then they would be quite within their rights to say I should follow the instructions explicitly given. It does not however state that I can't pay within 24 hours, so my point as far as I can see still stands.

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Bernie_the_Bolt

Bernie_the_Bolt

Posted
Posted
How riaky is that? What are the potential extra costs that I would face?

 

What you are risking is the loss of the discount, time, effort and travel costs.

I wouldn't rely on this as your sole defence. Can you scan and post the PCN so we can see if there are other grounds for appeal which may be stronger?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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