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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.

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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.
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      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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Advice Please RE PCN For Obstruction


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I received my first PCN last week and I would like some advice regarding it. The contravention code is 01 (parked in a restricted street during prescribed hours) but I was parked using a valid Blue Badge and I had checked for restriction plates before leaving my Vehicle.

 

However on the side of the PCN 'obstructing junction' has been scrawled. So I have a couple of queries.

 

Has obstruction been decriminalised? I thought it was still under the control of the Police.

 

Also is the scrawling of the obstruction 'offence' valid. The way it reads it seems I am being fined once for to contraventions.

 

Is it worth challenging the PCN?

 

Many Thanks

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I received my first PCN last week and I would like some advice regarding it. The contravention code is 01 (parked in a restricted street during prescribed hours) but I was parked using a valid Blue Badge and I had checked for restriction plates before leaving my Vehicle.

 

However on the side of the PCN 'obstructing junction' has been scrawled. So I have a couple of queries.

 

Has obstruction been decriminalised? I thought it was still under the control of the Police.

 

Also is the scrawling of the obstruction 'offence' valid. The way it reads it seems I am being fined once for to contraventions.

 

Is it worth challenging the PCN?

 

Many Thanks

If your car was causing an obstruction while showing a BB then it should have been relocated somewhere safe.

 

Ive not heard of an attendant scrawling an extra obstrction offence on a pcn.

 

Unneccesary obstruction is for police to decide.

 

would you be able to scan up the ticket please, front and back.

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Thanks for the prompt reply - it has left me a tad confused as to what I'm actually being fined for. I hadn't parked any differently to how I have over the 12 years having a badge in many different Authorities - Cornwall obviously didn't like it!

 

81655528f6ccdaab05b73700c9b0d8763549e0a9ebb394e830f5945e946507012f9757cc.jpg

 

76132906ef2adf6c5f43ed6e724dc93c5bb9d0ec051b6381af5acd5773e75f8c7d55b58f.jpg

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it has left me a tad confused as to what I'm actually being fined for.

 

Quite, the system is not geared up for instances such as this.

The first you know of the contravention is when you waste an appeal informally and the authority explain what has happened in the rejection letter.

 

 

This is possible discrimination persuant to the disability discrimination act 1995.

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Quite, the system is not geared up for instances such as this.

The first you know of the contravention is when you waste an appeal informally and the authority explain what has happened in the rejection letter.

 

 

This is possible discrimination persuant to the disability discrimination act 1995.

Send in appeal that the contravention did not occur, that you were showing a valid BB with the clock correctly set and therefore legally parked.

 

Send it together with details of your Blue badge.

 

Cobble up a letter,post on here for it to be checked.

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Thanks Nero.

 

Well I came up what is written below. I'll admit formal letters aren't my forte ( I tend to waffle) so I cant thank you enough for advice!

 

I am writing to you challenging the validity of the above PCN. I am the holder of a valid Disabled Parking badge which was clearly on display at the time of the alleged contravention. I also checked the immediate area for parking restrictions before leaving my vehicle and found none. Therefore I was legally parked within the current regulations of a Blue Badge.

Can I also bring to your attention the handwritten ‘addition’ made by the issuing CEO with regards to an alleged secondary contravention of ‘obstructing’ a junction. Cornwall Councils own website states that the Police remain responsible for offences such as obstruction. If this is the case then I fail to see how a PCN can be issued for an offence not within the remit of a CEO. Indeed if I had been obstructing a junction then surely the CEO should have made provision for my cars removal to a safer place.

I enclose a copy of my current Blue Badge in evidence.

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Thanks Nero.

 

Well I came up what is written below. I'll admit formal letters aren't my forte ( I tend to waffle) so I cant thank you enough for advice!

 

I am writing to you challenging the validity of the above PCN. I am the holder of a valid Disabled Parking badge which was clearly on display at the time of the alleged contravention. I also checked the immediate area for parking restrictions before leaving my vehicle and found none. Therefore I was legally parked within the current regulations of a Blue Badge.

Can I also bring to your attention the handwritten ‘addition’ made by the issuing CEO with regards to an alleged secondary contravention of ‘obstructing’ a junction. Cornwall Councils own website states that the Police remain responsible for offences such as obstruction. If this is the case then I fail to see how a PCN can be issued for an offence not within the remit of a CEO. Indeed if I had been obstructing a junction then surely the CEO should have made provision for my cars removal to a safer place.

I enclose a copy of my current Blue Badge in evidence.

You dont need to mention the secondry notes as you dont need to send the pcn with your appeal.

 

send this mate.

 

 

.......................................... (name and address of local authority)

 

..........................................

 

..........................................

 

..........................................

 

 

.......................................... (Date)

 

 

 

PCN No. ……………………..

 

Vehicle Reg.No. ……………………..

 

Date of Issue of PCN ……………………..

 

 

 

 

 

Dear Sir / Madam,

 

With regard to the above Penalty Charge Notice. Please note I was parked in the area specified with a valid blue badge with the time clock correctly set. I was therefore lagaly parked.

 

Please find enclosed a details of my disabled badge.

 

Please confirm that this taicket has been cancelled

 

 

yours sincerely

 

 

 

............................ Your name.

 

enclose details of your blue badge.

If you send by snail mail then you must send it recorded delivery (signed for)

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