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    • If you are buying a used car – you need to read this survival guide.
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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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Displaying a permit but still fined £320!!!


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I visited a privately owned block of flats in connection with my job ( I own a small letting agency). I parked at 17.33 (a bit late for my 17.30 appointment) in what I knew to be a private parking area and displayed the permit I had been given by the owner of the property I am trying to let ( I have used this permit successfully for more than a year).

When I returned to my car at approx. 17.45 it had been clamped. I telephoned the number on the ticket at 17.51 and was told that someone was being sent to unclamp me – the fee for this was documented on the ticket as £120 (plus £5 if paid by credit card). I was told to contest this I would have to write in and so agreed to pay the fine. I was told to pay the person who was on their way to unclamp me.

 

Having chased the unclamper directly at 18.27 tow lorry turned up at approx. 18.45 and said I would have to pay £320 plus the credit card charge of £5 and not £120. The reason given was that the company had already sent the tow truck to remove the vehicle rather than someone to just remove the clamp. I later learned that the call to remove the car (which was parked in a non-obstructive space where there were numerous other empty spaces) was made at 17.39, six minutes after I left the car and three minutes after the ticket was put on my car. A bit quick I feel.

I have since learned that the parking rules have changed at this block of flats in the last 3 weeks (this was my first visit since) and that the permit I had no longer applies. I had not been notified about this change.

Do I have any right of appeal against the clamping firm? By displaying my permit I believed I was complying with the rules and therefore did not consent to my car being clamped and wondered whether the clamping could be construed as Trespass to Goods?

When I first telephoned the clamping company I agreed to pay the £120 fine to be released and yet as they had sent the tow truck already they decided to almost triple my fine.

Can they legitimately do that?

Furthermore could this fee of £320 be deemed as unreasonable ?

Any help/suggestions would be most appreciated. Thank you

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Send a letter before action as your appeal, to the clampers and the landowner. If you are not refunded sue them both jointly.

 

Also report them to trading standards for increasing the release fee: this is a very common illegal trick that's got out of hand.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Also report them to trading standards for increasing the release fee: this is a very common illegal trick that's got out of hand.

Absolutely. Also check and make sure of their SIA number on the receipt is valid. The towing charge is totally wrong. BTW Towing is also a licensable activity. You might want to check that the person releasing you was licensed to tow you away. You can check at www.the-sia.org.uk

 

For the record they must release after an offer to pay is made and cannot increase the charges with rubbish about the tow truck. They can only get that "fee" if they've actually towed you. As Zamzara has said report them to Trading Standards and the SIA. If they are BPA members report them to the BPA as well (probably wont do much good).

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Thank you all for giving me hope ... I intend to get it reduced to the £120 then fight tooth-and-nail for the remainder I think. I'll check out the SIA number, threaten the men-who-tow with the "you can't increase the fee" line. I considered calling the credit card company and cancelling the transaction or saying something like it wasn't me, my card was cloned .. but I am a law abiding citizen and that would be lying. I guess the honest people (yes even though I'm a letting agent) always get shafted.:mad:

 

Thanks again for the advice. I'll keep you updated ;)

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I considered calling the credit card company and cancelling the transaction or saying something like it wasn't me, my card was cloned .. but I am a law abiding citizen and that would be lying.

And getting youself into a lot of hot water. Don't even think about it!!!! Blimey.

Why aren't we revolting?

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