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


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Hi,

 

To start off, this thread isn't a "this is an outrage, how can they do this" rant. It's more a "what can I expect" as I don't really have a leg to stand on regarding what happened.

 

Today I was cautioned for not buying a ticket. I didn't have any means of paying money on me, so I'm not aware that if I had, I could've paid off the revenue collector as it were. I've been given an MG11 Witness statement, and was told very aggressively, "you're going to court mate" by the collector. I understand that I am completely in the wrong, but everything about this guy, was well, utterly horrible. He called a police officer when I couldnt show ID to prove I was who I was saying I was, (I didn't have any photo ID, but I showed him an extensive pay slip i had in my bag, NI number, payroll number, address, phone number, etc, as well as my photocard for work confirming my employer and job title).

 

Before I continue I'd like to re-emphasise the fact that I'm not seeking any sympathy, or any get out strategies for that matter. What I am worried about is the consequences. I go on holiday for 3 weeks in a weeks time. This worries me because of the possibility of letters being sent to me during this time, and possibly a 14 day replying period.

 

Annoyingly, I've only ever fare evaded once before, in 2007, and was fined 20 pounds for this. It seems sods law that one's friends are at it all the time, and the one or 2 times i do it, I get caught. Again, it has no relevence in this situation, and has nothing to do with my case, but I'd thought I'd mention it.

 

Some help and clarification as to what I can expect would be deeply, deeply appreciated.

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They will write to you (cant say when that will be) and ask you your version of events.

Based upon the inspectors statement and what you say they will decided whether to prosecute you.

A simple 'no ticket-no money' is pretty much guaranteed to end up in Court, its the same as theft in reality.

They will probably fine you a weeks wages + costs (£100-£120) + the fare + £15 victim surcharge (govt fine tax).

For a timely guilty plea the fine should be reduced by a third.

You will receive a criminal record & any further prosecutions for fare evasion will see the fine increased drastically due to this conviction.

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SRPO is spot on of course, but if you want to understand the whole process have a look at this thread where I ran through a full explanation fom start to finish

 

http://www.consumeractiongroup.co.uk/forum/public-transport-trains-tubes/190520-253-30-rail-fine.html

 

I know not everyone reads every thread and you are concerned with your own admitted misdemeanour, but I didn't want to bore everyone by doing it all again.

Edited by Old-CodJA
mis-spellings
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  • 5 weeks later...

Many thanks for all the advice, I guess I'll have to see what turns up. From reading the other case you linked me to, as it's an open and shut case in terms of, they may ask for my version of events, I then simply plead guilty by letter, they send me a fine, I pay, etc?

 

Furthermore, can anyone offer advice on how/how long I will need to declare the fare evasion as part of a criminal record. I don't know how it works at all so some advice would be very helpful,

 

Many thanks

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