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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.

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      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.
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      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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Private residents parking (slightly different)


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Recently my apartment building brought in residents permits for the underground car park (as they have removed the secure access doors during construction). We have 2 spaces and i parked my car in one (with a permit) and a friend was parked in the other (no permit as our other car was parked at work and had the other permit in it.) Both were parked in our privately deeded spaces and the one without the permit was issued a parking ticket from central ticketing.

 

So a few queries:

- Where do i stand

- What to od next

 

I spoke to the concierge of the building who said to send the ticket to the company with a note explaining and he said i wouldn't have to pay. I then spoke to the building management (still the construction company as they havent handed over) who were very unhelpful and kept saying that i had no case to plead.

 

Any ideas? i don't see how they can do this as the sapce is my own?

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You're right it is your space to do with as you will. I would send them a letter telling them to stick the charge where the sun don't shine. To be fair to the PPC I suspect they are only doing as they are told i.e. ticket cars without a permit.

 

I would write to them telling them that the person had permission to park and as you are the landowner the charge is invalid. Also point out to them they committed trespass in coming on your land to place the ticket and that you are expressly refusing them permission to come on your land again.

 

Tell them the next letter you get from should cancel the charge or you will see them in court.

 

Make sure you copy in the construction company.

 

This thread relates a similiar experience and the advice is the same

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/130699-clamped-removed-my-own.html?highlight=clamped

 

Alternatively you could go down the route suggested in the PPC guide and the template letter stickies. Let the PPC contact the DVLA and then try and find the driver.

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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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it's so frustrating. lord knows i pay enough for the parking space anyway! The construction company just say that they spentenough money issuing permits so if people don't bother with them why should they care?

 

Surely i can park a herd of sheep in there if i wanted to and it's none of their business? (the RSPCA may have something to say mind you)

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it's so frustrating. lord knows i pay enough for the parking space anyway! The construction company just say that they spentenough money issuing permits so if people don't bother with them why should they care?

 

Surely i can park a herd of sheep in there if i wanted to and it's none of their business? (the RSPCA may have something to say mind you)

 

The enforcability of this ticket is in question anyhow. Have a read of the private parking charges sticky and Bernie the bolts template letters at the top of the forum.

 

I understand your frustration. However Don't get mad get even.

 

Here's how to get nasty. In the fullness of time the PPC will write to DVLA requesting the RK details of the vehicle in question. They have to prove their authorisation from the landowner and the fact they are operating a ticketing scheme to get this information.

 

If you or your friend receive a letter from the PPC addressed to the RK then you can make an official complaint to the DVLA. You can say that they did not have your permission to operate this scheme on your land and they have violated the DVLA rules in requesting this information. The Data Protection Act has also been breached and you maybe entitled for compensation. You should register a complaint with the information commissioner.

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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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Your right jimbo, this one is different.

 

You have a couple of things to think about here.

 

Who hired and pays for the parking control? if you contribute you can withdraw.

 

If you withdraw from parking control in your owned parking spaces and you came home from work to find some unauthorised car parked there, would you be happy not being able to move them on?

Would you be happy having to find a parking space out in the street somewhere?

 

What you really need is to stay with the parking control and get yourself some extra visitors passes for your friends.

 

In this case I would write and tell them it was an authorised person parked, so no need for a ticket in this case and get yourself those extra visitor passes.

 

You should also warn those friends that they must display their visitor pass or they will get a penalty charge.

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You should also warn those friends that they must display their visitor pass or they will get a penalty charge.

 

Conniff, you miss the whole point.

 

No private company can issue a enforceable penalty charge.

 

No private company can attempt any sort of enforcement on the OP's land without his express permission.

 

By suggesting that he gets more visitors permits, he is simply continuing to support a [problem].

 

If I was in the OP's position and found someone unauthorised on my land, the offending vehicle would either be blocked in until I was ready to leave or it would be removed from my land.

 

The best course of action of the OP, IMO, is to withdraw from supporting the [problem] and install a drop bollard on each of his spaces

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Perhaps I didn't explain properly. What I was trying to say is that someone somewhere has enlisted this company to look after the private parking bays and that is what they were doing.

 

If I have read wrong and no one has in fact been employed to keep them clear for the owners, and he just decided to wander in there and make a few bob, then yes, they have no right at all to issue a ticket.

 

Either way you only need to tell them that it is your private property and the person was authorised to park as you had given them permission and they can withdraw the ticket.

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