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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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    • Namz
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By Namz · Posted

      Thank you for taking your time and helping me on this. Would you recommend I also send a letter tomorrow to both BMW and Motonovo?
    • tobyjugg2
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By tobyjugg2 · Posted

      she and  johnson need to be kicked off the taxpayers credit card - for starters I'm certain there is cause - taking up 'jobs' when they shouldn't, bringing the nation into disrepute with their antics .. I'm sure it would be a very popular act from a new labour guv
    • BankFodder
      Big motoring world/motonovo HP - faulty vehicle purchase on 31/5/24

      By BankFodder · Posted

      Please have a look at this draft letter. It is modelled on yours but I have cut out a load of the unnecessary information. Also, the responsibility lies with the finance company because the vehicle was brought on hire purchase. You send it to them and a copy to big motoring world.   Let us know if there's anything that you disagree with, which is wrong, which you think should be added
    • honeybee13
      Should we trust Sunak or the next PM to fix the Country's problems? (title revised 24/10/22)

      By honeybee13 · Posted

      According to Alastair Campbell on Twitter, anti-Le Pen parties are pointing to RN's fiscal policies and saying they'll cause a 'Truss-style market meltdown'. Liz Truss charged taxpayers for Amazon Prime subscription - Mirror Online WWW.MIRROR.CO.UK The subscription costing £95 gives the ex-PM free shipping from the retail giant, as well as the ability to stream films and TV shows such as My Fault...  
    • steam_hammer
      Another P2G / EVRi Lost Parcel Claim

      By steam_hammer · Posted

      Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.

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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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
      BankFodder

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      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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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      BankFodder

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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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I damaged my car in Sainsburys car park - Help! - I need some advice please!

Pinkjen

By Pinkjen
in Private Land Parking Enforcement

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Pinkjen

Pinkjen

Posted
Posted

Hi Guys,

 

I wonder if you can give me some good advice?

 

I parked in sainsburys carpark on Easter Sunday ( of all days!) and when I reversed out of the bay I managed to hit a small metal post ( which was part of a trolley bay) The problem is, it was not visible out of any of my mirrors as it was so small - I have never hit anything before and I will always look in many directions so I do not feel that I am entirely at fault.

 

First of all, the post was put at an angle where it is very difficult to miss it but also it looked like it had been hit several times before judging by the paint all over it!

 

I have written to Sainsburys three times and at first they refused to acknowledge their part of the blame, then when I was going to seek legal help they offered to look at a repair quotation, however their final response has been to give me some gift vouchers which I think is inadequate given that the damage to my car will cost over £1000.

Does anyone know what my rights are?

 

Thank you in advance for your help.

 

Jenny

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angela-27

angela-27

Posted
Posted

i am sorry but this is ridiculous. this is like if for example i parked outside a friend's house and drove into her gate and tried to get her to pay for repairs to my car.

 

personally i think sainsbury's was very generous in giving you gift vouchers. you should buy some of those lovely cream buns. but be more careful about where you park next time.

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Pinkjen

Pinkjen

Posted
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Posted

Angela, I am not quite sure you get the point!

 

The Post was positioned in such a way that it was an obstruction which is totally not acceptable in a public/ customer car park.

 

It was a fault in the construction of the car park as you could not see it when reversing out of any of the car's mirrors and it was positioned so it was very easy to hit - slightly different from hitting a friend's gate!

 

I also didn't hit it on the way in as it was in a different spot to the space I was in!!! - it was behind...( hence that I hit it while reversing)

 

If you aren't going to give constructive advice and just be rude then I would prefer you not to comment. ( and I don't eat cream buns!)

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Michael Browne

Michael Browne

Posted
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Scan them into your computer and open them in Paint or similar program. Edit out the personal information and save them

 

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ), download the file of your scan from your computer onto Photobucket and then post the link from Photobucket in your thread here.

 

See how to in section 1.16 (Attach Documents) here:

How Do I....? A Dummies Guide to the Forum

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yourbank

yourbank

Posted
Posted

How hard did you hit the post? How fast were you reversing? How come there was so much damage to the car? This may seem an obvious question, how come you didn't hit it on the way into the bay?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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MrShed

MrShed

Posted
Posted

Personally I dont think we need to - you hit a stationary object, you are liable. Period.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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pompeyfaith

pompeyfaith

Posted
Posted

I'm sure you will find a disclaimer notice in the car park too most if not all supermarkets have them so it will be very hard indeed to get compensation.

 

They usually say "you park here entirely at your own risk"

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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GuidoT

GuidoT

Posted
Posted

Pinkjen, please can you stick to one thread per question, I have unapproved the other one you started.

 

Additionally, try not to post the same think twice in one thread, I have unapproved two of these in this thread.

 

I realise you are new, so it is no problem.

If I have been helpful please click on my star and add a comment.

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green_and_mean

green_and_mean

Posted
Posted
I'm sure you will find a disclaimer notice in the car park too most if not all supermarkets have them so it will be very hard indeed to get compensation.

 

They usually say "you park here entirely at your own risk"

 

Such signs are meaningless, if a wall fell on the car a sign would not remove the store of liability.

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crem

crem

Posted
Posted

I understand where you are coming from Pinkjen as I had a similar accident many years ago in a McD's carpark which contained very low pillars as well that couldn't be seen when driving or in the mirrors. I didn't pursue it with them at the time as my initial thoughts were they would view it as my fault.

 

In hindsight I wish I had as within year they had all been removed, by which time they had every possible colour of car manufacturers paint on them due to the number of times they had been hit!

 

Not sure where the law stands on this, but there should be some responsibility on the shop to ensure such obstructions are visible from the driver's seat when such posts are installed in car parks.

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MrShed

MrShed

Posted
Posted

Whilst I see what you are saying crem, that is like saying that children should be taller to make sure they can be seen by a driver.

 

A driver needs to ensure they are aware of ALL obstructions/hazards around them, regardless of the size or location. This is the drivers responsibility.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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crem

crem

Posted
Posted

A driver needs to ensure they are aware of ALL obstructions/hazards around them, regardless of the size or location. This is the drivers responsibility.

 

So why do you think McD's subsequently took them out? :confused:

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Pinkjen

Pinkjen

Posted
  • Author
Posted

Just to clarify the situation for Iamma - I didn't hit the post on the way in as I drove in from another position! - the car park was clear as it was Easter Sunday -there was no way I could have hit it on the way in as I came from a different direction.

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MrShed

MrShed

Posted
Posted
So why do you think McD's subsequently took them out? :confused:

 

Why? To remove them from causing a problem. That doesnt mean they are liable.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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MrShed

MrShed

Posted
Posted
maybe they were fed up with dealing with drivers who drove into the posts and thought it was the post's fault.

 

:D lol!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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crem

crem

Posted
Posted
Why? To remove them from causing a problem. That doesnt mean they are liable.

 

I agree in principle MrShed, but it does imply they acknowledged the posts were a "problem" that they could solve even without accepting liability.

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angela-27

angela-27

Posted
Posted
maybe they were fed up with dealing with drivers who drove into the posts and thought it was the post's fault.

 

hahaha this made me laugh!!!!!

 

yes next time i drive over a crisp packet i will get out of my car and shout at the crisp packet for not being visible in my mirrors.

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