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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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      UK CPM Vanishing Windscreen PCN - PAPLOC - no permit - Phoenix Avenue, Greenwich Peninsula SE10 0ER

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      you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
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      By privateparkinghater · Posted

      Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • timiny74
      Evri lost delivery of £255 laptop

      By timiny74 · Posted

      Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
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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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    • 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
      • 162 replies
      WanTToMoveOn

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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
        • Like
      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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Car on axle stands?

weecorey

By weecorey
in DVLA

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weecorey

weecorey

Posted
Posted

I have heard if you have your car up on axle stands and sorn (i.e 4 wheels not touching the ground) that the dvla can not touch it as it isn't on a public road. The reason I ask is my car's tax and mot have just run out, the timing belt broke a few weeks ago and Im in the process of getting the cylinder head sorted. Theres no chance of me getting the car tested and taxed within the next 3 weeks, the car is sitting out side my house in a parking bay which is classed as public highway. I was going to sorn the car but they can still clamp it as its on the public highway, if I put it up on axle stands will I be ok?

 

thanks in advance.

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Conniff

Conniff

Posted
Posted

Sorry but you have been mislead.

 

When the wheels attached to the car are on the road, so is the car. If the car is up on stands, the car is attached to the stands and is therefore still on the road.

DVLA won't miss a chance like this to earn themselves £80.

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weecorey

weecorey

Posted
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So what option do you have in my position? Like I say, there is no chance of me getting the car mot'd and taxed within the next 3 weeks, I cant drive the car anywhere as the cylinderhead is off at the minute.

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barracad

barracad

Posted
Posted

The options are quite straightforward: tax it, or remove it from the road.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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patdavies

patdavies

Posted
Posted

Put it on a trailer.

 

Seriously. A trailer does not require either VED or MoT and its load is irrelevant.

 

Mind you, it must be a trailer that allows for the vehicle to have all 4 car wheels on it and not just a two-wheeled towing dolly.

 

Otherwise, as Barracad says, get it off the public road (as you cannot tax it at the moment) Get the repairing garage to recover it to their workshops (and make sure they know it's not to be left on the public roads)

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Conniff

Conniff

Posted
Posted

A good idea the trailer if you can get hold of one for a while.

 

What about your front garden, do you have a hedge or fence that you could make a hole in and push it onto?

It doesn't matter about your mum or partner complaining, the £80 you could lose will take care of repairing that.

 

The idea isn't to avoid the penalty, the idea is to make DVLA have as miserable a Christmas as possible.

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weecorey

weecorey

Posted
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I have a wall around my garden, I'm going to try and get the cylinder head back on the car and driving on saturday, I will declare it sorn now and hopefully drive it to a mates yard on saturday.

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Conniff

Conniff

Posted
Posted

I hope you get it moved in time before some snoop happens along.

 

If you can't get it going on Sat, ask your mate for a tow to his yard, but remember the brakes will be harder with no engine assist.

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weecorey

weecorey

Posted
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Posted
I hope you get it moved in time before some snoop happens along.

 

If you can't get it going on Sat, ask your mate for a tow to his yard, but remember the brakes will be harder with no engine assist.

 

 

I nearly ran into the back of my father when he towed me home after the belt broke! Had to use the hand brake.

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Conniff

Conniff

Posted
Posted

The brakes are just as effective, it just means you have to press a lot harder on the pedal to get the same effect.

 

You've had a practice and didn't hit your dad so should be ok next time.

 

Just something to keep in mind. I wouldn't want someone to go home with a smile on their face - 'got another one love, should get a good bonus this year'.

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patdavies

patdavies

Posted
Posted
I hope you get it moved in time before some snoop happens along.

 

If you can't get it going on Sat, ask your mate for a tow to his yard, but remember the brakes will be harder with no engine assist.

 

Just bear in mind that even to be towed, the car should be taxed ans tested, so beware of any ANPR cameras en route. Best make sure that your number plate is fully obscured (innocently, of course!) by the trailer board or on tow sign.

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Tony P

Tony P

Posted
Posted
Put it on a trailer.

 

Seriously. A trailer does not require either VED or MoT and its load is irrelevant.

 

Mind you, it must be a trailer that allows for the vehicle to have all 4 car wheels on it and not just a two-wheeled towing dolly.

 

I like the idea.

 

I see that the contents of a trailer are irrelevant, but how would such a trailer stand with respect of parking zones, yellow lines etc or even Congestion Charging Zone?

 

Does a trailer not have to carry a registration number of a 'controlling' vehicle, whether connected to it or not?

If a controlling vehicle (and its number) is not attached to the trailer is it then not part of a motor vehicle and could it not be considered as 'litter' or abandoned and be removed by authorities?

 

Serious questions.

TIA for informed answers.

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dave

dave

Posted
Posted

It's really quite sad that you should have to resort to such measures - I mean, a bit of common sense wouldn't go amiss in a situation like this - sadly, with the DVLA being 'promoted' to an arm of HMRC and with the 'snoop factor' being instilled in everyone, you have to be seriously inconvenienced.

 

OF course, this idea of "them and us" that they seem to revel in creating in us all does them no favours at all.

 

...and to think, this country used to lead the world.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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patdavies

patdavies

Posted
Posted
I like the idea.

 

I see that the contents of a trailer are irrelevant, but how would such a trailer stand with respect of parking zones, yellow lines etc or even Congestion Charging Zone?

 

Does a trailer not have to carry a registration number of a 'controlling' vehicle, whether connected to it or not?

If a controlling vehicle (and its number) is not attached to the trailer is it then not part of a motor vehicle and could it not be considered as 'litter' or abandoned and be removed by authorities?

 

Serious questions.

TIA for informed answers.

 

In law, it is treated in exactly the same way as a skip or other exempt (and therefore unregistered) vehicle.

 

The requirement for a trailer to display a VRM only applies whilst it is being towed. Note the number of artic trailer units parked up with no VRM - the tractor unit driver puts the correct VRM plate into a slot on the trailer as part of the hook-up procedure.

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