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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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      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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    • 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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Clamped on Private Land

Penguinone
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Penguinone

Penguinone

Posted
Posted

Hi everyone,

 

I posted on another forum and was referred to this site. Thanks to pin1onu for a really helpful clamping guide however I wanted to ask for opinions on my specific case.

 

I was parked in a bay in the private residential complex where I am renting a property. There are signs clearly displayed (less than 3 car lengths away) stating that only resident permit holders are allowed to park in the bays and all unauthorised vehicles will be clamped etc.

 

My issue is, I was packing up my stuff and in the process of moving out of my flat when my car was clamped and I was required to pay £100 so what are tenants supposed to do in this situation? The guy clamping my car was still there when I returned and said that they inform all letting agencies & landlords that it's necessary to put a written note in teh window explaining that you're moving in/out however I was definitely not made aware of this by my letting agency.

 

To add insult to injury, the guy used a broken clamp so I had to wait an hour and a half for another guy to hammer it off. I've written a letter of appeal to the company however I obviously hold little hope of a refund. I looked up the licence number of the clamping guy on the SIA and he's definitely registered.

 

I'd really appreciate any advice to help my situation!

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emsgeorge

emsgeorge

Posted
Posted

I have to ask ....

 

Where was your permit - as you were moving out, should it not of been in your car ? ( I can only assume you parked your car in the parking bays during the time you rented the place)

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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Al27

Al27

Posted
Posted

First question - did you pay be credit card?

 

They have admitted that you have been clamped and charged for not displaying a 'moving out note'. How can you be party to a contract that didn't even exist?

 

If you didn't pay by credit card, and your 'appeal' is ignored, you'll have to take the landowner and the clamping company to small claims court.

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Penguinone

Penguinone

Posted
  • Author
Posted

Only permanent residents are allowed to apply for permits so as a tenant I was never even offered one.

 

I don't regularly park there and only bring my car in from home to move in/out.

 

I did pay by credit card but think that the "contract" will refer to their signs stating no unauthorised vehicles may park in that area. The unofficial rule about the handwritten note when you're moving in/out seems more like an afterthought. I suppose they're not legally obliged to provide vehicle loading/unloading space for people moving in/out of the flats.

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nero12

nero12

Posted
Posted
Only permanent residents are allowed to apply for permits so as a tenant I was never even offered one.

 

I don't regularly park there and only bring my car in from home to move in/out.

 

I did pay by credit card but think that the "contract" will refer to their signs stating no unauthorised vehicles may park in that area. The unofficial rule about the handwritten note when you're moving in/out seems more like an afterthought. I suppose they're not legally obliged to provide vehicle loading/unloading space for people moving in/out of the flats.

has the card payment gone through.

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Al27

Al27

Posted
Posted

Phew! You paid by credit card and it was £100!

 

Ring your bank and demand a refund under the 1974 Consumer Credit Act: BBC - Consumer - Guides to - Liability of credit card companies

 

Do not take no for an answer from them as card companies can be notorious for trying to dodge this piece of legislation. If they won't help on the phone, write a firm letter to the card firm outlining the situation and your rights.

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pin1onu

pin1onu

Posted
Posted
Phew! You paid by credit card and it was £100!

 

Ring your bank and demand a refund under the 1974 Consumer Credit Act: BBC - Consumer - Guides to - Liability of credit card companies

 

Do not take no for an answer from them as card companies can be notorious for trying to dodge this piece of legislation. If they won't help on the phone, write a firm letter to the card firm outlining the situation and your rights.

 

Definitely agree with Al on this one. If you can get the bank to play ball on this one it's so much easier to recover than having the hassle of court.

-------------------------------------------------------------------------------------------------------------------------------------

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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nero12

nero12

Posted
Posted
Thanks for the help! That's certainly a handy piece of legislation worth remembering...

so this is worth knowing,

 

you get clamped by a dodgy private clamping company and pay by card

 

you then claim the money back off of the card company under section 75 of the credit agreement act for breach of agreement, contract or missrepresentation yes?

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Al27

Al27

Posted
Posted

Yes. If it's over £100, the credit card company is liable even before the clampers or the landowner. If the card company didn't cooperate, you'd take them to court first and foremost.

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nero12

nero12

Posted
Posted
Yes. If it's over £100, the credit card company is liable even before the clampers or the landowner. If the card company didn't cooperate, you'd take them to court first and foremost.

so you approach the card company if you have been illegally clamped, ask them to refund the fine, and they have to comply by law.

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deano_ratpac

deano_ratpac

Posted
Posted

I've just posted this of what happened to me today,

I'm intrigued on what you say to the credit card company...

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/149779-clamped-private-land-camden.html

 

what do you say exactly to the credit card company?

 

thanks in advance

 

Dean

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