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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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Simplex Parking - Still at it !!!!


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As far aas I understand, they cannot clamp a car unless you are currently not adhereing to their rules and then only if there are clear signs indicating that clamping may take place.

 

If you were parked correctly on that third occasion, having paid for a ticket if necessary, and the only reason they clamped you was due to the outstanding unpaid charges then that is illegal and you could take them to court over it.

 

Ladyjan, Im shocked to hear of what has happened to you, and also disturbed greatly that TS are giving out such advice let alone your solicitor !!!!

 

Is there anyone with any legal experience on these boards who might like to comment, it all sounds outragous to me and in my opinion for what its worth should be illegal

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It is so full of holes it gives a sieve a bad name. for a start they cannot register charges against the RK - they can only attempt to pursue the driver(s) at the time of other events. if simplex pursuing under contract then I find it inconceivable that that the solicitor did not know Tweddle and it under tort did not know Dorst. TS a waste of time. Solicitor also was in this case. Ladyjan got any pictures of these signs that your solicitor mentioned ? or of any pf the paperwork - suitably washed of your personal details of course. Possible criminal charges await Simplex based on what you have posted so many here will be very interested so see everything. And the SRA should be interested in your solicitor - did they put their opinions in writing ? if so please show us that as well - also washed. Tinypic is easiest for posting pictures.

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I have spoken to my solicitor again this morning and he has informed me, that as the signs at site state the following:

 

“Impounded / clamped vehicles will not be released until all charges registered against; the driver / registered keeper / vehicle (including any previous unpaid charges) are paid in full. Drivers / registered keepers / vehicles with any unpaid charges, are deemed to be in breach of the current parking terms.”

 

If I decided to bring a civil claim against Simplex then I would not win, as the terms allow them to remove and impound vehicles they deemed to be “in breach of the current parking order”. The guy at the impound told me they have a system which scans number plates and alerts the them to vehicles with unpaid charges, similar to what the police use for road tax evaders and non-insured drivers.

 

I spoke to TS at the time who said something similar.

 

Like I said earlier on this thread, I got done by these people in Telford back in February, I now have a lot of information about the operator, I know where he lives and where he works from, he is not registered at company house, nor is he vat registered, in my case he had no contract with the landowner (written contract), and to top it all it would appear the whole operation is carried out from his bedroom, now who is being illegal? I hope he reads this, come on take me to court !!!

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you take him to court instead !

 

Easier said than done, as ive said earlier, I am not knowledgable in this area, i wouldnt know where to start, and therefore would be concerned which area to sue them for, harressment is my best bet at present, but it can all very easily go pear shaped when trying to prove anything I might sue him for. Im waiting for TS to come back to me regarding the harressment, if they decide its worth persueing i will go ahead wth there backing in court, like Ladyjan said, TS are not willing or able to persue through law all the other irregularites discussed on this board as they deem that they are operating within the law, all be it only just.

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It is so full of holes it gives a sieve a bad name. for a start they cannot register charges against the RK - they can only attempt to pursue the driver(s) at the time of other events. if simplex pursuing under contract then I find it inconceivable that that the solicitor did not know Tweddle and it under tort did not know Dorst. TS a waste of time. Solicitor also was in this case. Ladyjan got any pictures of these signs that your solicitor mentioned ? or of any pf the paperwork - suitably washed of your personal details of course. Possible criminal charges await Simplex based on what you have posted so many here will be very interested so see everything. And the SRA should be interested in your solicitor - did they put their opinions in writing ? if so please show us that as well - also washed. Tinypic is easiest for posting pictures.

 

 

Yes - My solicitors has my card receipt and the receipt for payment.

 

I rang the Police at the time and they said that they can ask for all charges on vehicle to be paid before its released no mater what the charges are for. They advised that i pay or risk not having my car back.

 

 

Like I said earlier on this thread, I got done by these people in Telford back in February, I now have a lot of information about the operator, I know where he lives and where he works from, he is not registered at company house, nor is he vat registered, in my case he had no contract with the landowner (written contract), and to top it all it would appear the whole operation is carried out from his bedroom, now who is being illegal? I hope he reads this, come on take me to court !!!

 

They have an office (converted barn) attached to the secure impound, Massive fence, loads of CCTV and 2 dogs on chains. Its an on an old farm out in the countryside. (This was where I had to collect my vehicle from.) The office is really posh and OTT with leather seats and large plasma screens on the wall with the CCTV from the impounds moving cameras on. No wonder the money they make.

 

I believe from my receipt and the notices sent in the post that the company is a Partnership.

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You have been seriously misled it seems. take digital pictures of all the paperwork - wash out your personal details with MS Paint or similar. Post the jpg images on tinypic and link to them here. which solicitor did you use ?

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It seems there is no available evidence. Shame that as I am sure besides getting a full refund plus expenses Ladyjan could have got criminal charges brought against Simplex plus a severe slapping for her solicitor from the SRA. Meanwhile everyone else can keep on ignoring Simplex

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  • 1 month later...
  • 4 weeks later...
hi all i too had a parking charge i pay'd the charge of £160 it was a bit late and now they are asking for for more money for charges (£135 more ) would it be fair not to pay it ?

 

Start your own thread, but you've already been scammed out of £160. Because you were foolish enough to pay it, their eyes have lit up and now they're trying to [problem] you out of even more since you're a proven payer.

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  • 3 weeks later...

OK my friends, some advice please, simplex have gone to the next level, and if im right in my thinking, they have right screwed up, do you think these forms are legal, i got them tonight when i got home, Thanks in advance

 

Just thinking about this, to my these are forgeries, isnt that illegal? will await people more experienced to comment before taking action.

 

court1.JPG

 

 

 

 

 

 

 

 

court2.JPG

Edited by Duke916
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as Lamma said contact the court

 

no court seal and way half typed and the rest handwritten,

 

only stamp on it is a simple date stamp

 

and where was it posted from check the envelope for that

 

there is no indication to which court it refers to in the correct place

 

no details of "solicitors firm"

Edited by kiptower

..

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