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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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URGENT Parking firm taking me to court and demanding my insurance docs? WHAT!?????


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Guest courtupdater
Hi, courtupdater. Would you object to posting a full breakdown of these costs?

Regards

 

My notes read:

 

£137.61 for the charge + interest to date of issue

£4.35 for interest from issue date until yesterday

£25.00 Court Fee

£25.00 Hearing Fee

£50.00 Attendance charge

£116.00 Travel Costs

£4.50 Parking Fee

 

All this will be confirmed when the order comes through, I was told this takes about 10days.

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Guest courtupdater

 

The recent Excel Parking cases were lost by the PPC. From what I have seen no correctly defended case has been won by a PPC.

 

Do you know anything about the Excel case, with the exception of what you have read in the newspaper ?

 

Have you spoken with the defendant in that case ?

Have you seen the court transcripts ?

Do you know on what basis the case was lost ?

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Oh I see, not for the first time mr factual court updater is changing his story. Apparently the defences are not available on the site after all as he earlier told us. They are available by PM he now tells us. He has been repeatedly challenged to post the defence used and has failed to do so. I am not a lawyer but I would be able to tell what a pukka defence looks like and so I am sure would others. So, go on court updater do that so we can all have a look. Unless you are afraid we would draw other inferences that is.As for the other two cases, as this individual is already speaking with very forked tongue I for one would not believe they even exist, far less that anyone from here has been involved in the defence. Until I see definitive evidence, which I suspect will be far from forthcoming.To courtupdater, why is it so important to you and CPS to discredit pepipoo and CAG? Did thery hurt your fellings at some time?

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the general principle about CAG/PePiPoo cases is not to publicise them until they have won ... and if they lose, deny all knowledge.

 

Whereas the general principle of CPS cases is: find an undefended/poorly defended case, win it and try to pin the poor defence on pepipoo/CAG members without any basis for doing so. Hmm.

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As I understand it having looked at CPR CPS will get a copy of the defense statement before the hearing. They could very easily post them up. Or put them on their bragging page and say "look here is a 'proper defense from CAG/pepipoo' and we beat it". It would back up their claims that internet forums are 'bad for people and that folks should just pay up'. I wonder why they haven't ? . . or do I ?

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or.......& I'm not claiming this has happened, get a mate to accept their details being put forward to the courts as a parking debtor then win the judgment, as the 'defendant' doesn't actually defend........... the 'defendant' pays up within 1 month (or at least the court is told that) so no harm done then claim it as a victory;) wot u tink

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or.......& I'm not claiming this has happened, get a mate to accept their details being put forward to the courts as a parking debtor then win the judgment, as the 'defendant' doesn't actually defend........... the 'defendant' pays up within 1 month (or at least the court is told that) so no harm done then claim it as a victory;) wot u tink

 

Does seem possible given the scams this lot have tried to pull in the past (posing as Scottish, female, PPC victims and a hundred other stupid IDs). They are looking more and more like a knock off watch salesman: "It's a genuine Rolex, honest guv". You just have to substitute: "Pepipoo were involved in the case, honest guv". Yet it has to be admitted CPS are one of the more entertaining PPCs, even if most of us laugh at them, not with them.

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Wanna bet it will apply to there like very soon. After all they meet Noo Labours employment criteria to a tee. 1st be an uneducated bully & 2nd be an uneducated thug

Backed up by a "brilliant" in-house legal team of course and outstanding pieces of legislation like the PSI Act.

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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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Guest courtupdater

So, here goes:

 

Court commenced approx 14:15

The judge looked at all the evidence, including copies of the correspondance sent from the defendant in which he stated "take it up with the driver".

The other evidence was viewed (photos of vehicle parked in front of the sign) - clear terms and conditions for the issue of a parking charge and stating not to park if they did not agree to them.

The evidence was heard that 'take it up with the driver' was a poor argument and the defendant has an obligation to assist wherver possible under the pre-action protocol and this type of obstructive response was not helpful.

In the event of the defendant actually bringing another party to the court hearing and for those to accept liability then the original defendant would still be liable for wasted costs for the hearing today as they have received ample opporunity to do this.

The court considered the dunlop case and a case of clydebank shipping when looking into penalties, it also considered the case of currie - this was dismissed as there is no such thing as a 'free' carpark - even in supermarkets the consideration is more busines, more profit etc...

The area in which the defendant parked was not a public parking area and as such the defendant had no lawful reason to be there, the signage clearly stated this and the defendant (and a reasonable) person would have seen and understood the signage and the charges for parking there - a concious decision was made to park and a charge received.

The defendant did not appeal or complain once the ticket was issued, he merely ignored it and thought it would 'go away'.

Sorry ... The Unfair Contract Terms Act was also considered - the court found that the defendant had opportunity to move his vehicle before a charge was issued, in fact they parked and left it there - It was noted that it is not for a court to enforce terms on parties that have been agreed, by actions.

The charge was upheld with the limited costs as already explained.

 

So .. there it is in a nutshell ... you can either beleive or not beleive ... The facts I have stated - you can get a copy of the full transcript from the court (after paying the fee etc..)

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Hmm in a nutshell all right. From what our CPS troll now says it appears that there was no defence at all submitted by the defendant. All that is mentioned is letters saying take it up with the defendant. If there was in fact a defence then the troll has been requested on numerous occasions to post it so that we can judge for ourselves whether it was a pukka one. He has refused to do so and I for one read into that that there is either no formal defence, only template letters which surprisingly enough did not succeed, or that the defence is not a a properly drafted one at all. As for the rest of the facts as related by our very biased friend, I would not believe a word of it, he has already posted a succession of untruths and shown himself to be far from credible.

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Guest courtupdater

Genepool (obv an old member with a new name) ...

 

They used ...

Take up with the driver - FAILED

Unfair Contract Terms Act - FAILED

Dunlop & Clydebank Shipping cases for penalties - FAILED

Currie v Misa case for No consideration so no contract - FAILED

 

There was 1 other case, dismissed as irrelevant, that of Lordsvale Finance (sorry did not pay much attention to that one)

 

So .. What would a proper defence consist of then ???

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Genepool (obv an old member with a new name) ...

 

Oh dear the old CPS paranioa returns.Let me put it in capital letters as there is clearly some fluff between the ears of this latest CPS troll: PLEASE POST THE DEFENCE. Posting random case references proves NOTHING. If ther is an obstacle to you posting the defence please tell us what it is.

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Having read the 'victory' where the defence, if any, was poorly presented or worse none existent I fail to see where CAG or Pepipoo was involved.

 

Furthermore it's clear from the post in question that had anyone from CAG or Pepipoo been involved the claim would have been dismissed forthwith

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Guest courtupdater

Now Now, you have been fed a little bait to keep you going.

 

All will be revealed in the goodness of time, would hate to ruin your fun this early into the game.

 

The "experts" on here (and the other expert site :rolleyes:) know very well why the defence has not been posted ... be aware the OP still has 14-days to appeal so would hate to prejudice anything.

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Guest courtupdater

This is also strange .. PePiPoo has asked its members to come on here and copy the posts made about this case to the site..

 

Yet it does not allow a response, just wants to feed its visitors the same old rubbish ... Mr Foster & Co you should be ashamed ...

 

Barring someone you disagree with, so they cant question you ... typical coward !

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