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By Butterbean23 · Posted
Yes in hindsight that would have been the best course of action but due to Mercedes taking 4 weeks with misdiagnosis (which were initially classed as wear and tear - battery & fuses) and then correctly identify the problem we had no choice but to go ahead and agree to works being done. -
SERVICE BY EMAIL Rules 6.3(1)(d) and 6.20(1)(d) of the Civil Procedural Rules (“CPR”) allow service by email of claim forms and other documents; these Rules are supplemented by Practice Direction (“PD”) 6A. In accordance with PD 6A.4, in order for service by email to be valid, the recipient party must have previously indicated in writing to the party serving that they are willing to accept service by electronic means and provided a fax number, email address or other electronic identification to which it must be sent. The PD also requires the sender to ask if there are any restrictions on the size of documents that can be received by email. . -
NO EMAIL. Not only for the reasons outlined above. CPR Rules state that PAPLOC's can't be served by email unless you give them express consent to this (just giving them your email address is *not* express consent), meaning that they have to be served by post. Either way, a court claim can't arrive by email either. The courts will send that by post. They'll file it to your old address and you'll have no idea until a couple months later when all of a sudden a CCJ is on your credit file because they've obtained what we call a backdoor CCJ. In easier terms, stick to proper post for legal/contractual disputes. In this case, ignore entirely. That is more useful for more "normal" private parking invoices. -
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I read the Ignore thread that your reply linked to and it recommends that a letter be sent: You should write to the car park owner - the supermarket etc - not the parking company- with a brief letter denying that any money is owed at all. Also ask the car park owner if they have given authority to the car park operator to bring any legal action against you. You should also complain and asked them why they are prepared to sell their reputation by treating their customers as enemies – and wouldn't it be better that the £160 odd, which the private parking company is trying to take from you were spent in their shop/supermarket rather than going to a wholly non-productive company such as [X X X name the company X X X]? The car park owner will also realise that it is their reputation which is associated with their draconian action - not the parking company which is merely acting as a fall-boy. Should I do this or just ignore it entirely?
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Our picks
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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
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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
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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-
- 161 replies
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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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