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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Private Parking Fine - I have the ticket


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hello the trolls escaped.

 

 

here perky....here boy

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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eh! do you think he must be getting near to his holiday and not got enough money to go.....

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ernest is leaving. It's past his bedtime.

 

Goodnight, Ernest. Sleep tight.

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Here are the signs at the car park:

 

dsc05430ag.th.jpgdsc05431a.th.jpg

 

mmakov, the second sign in this quote. Is the "S" in the bottom right the beginning of "South West Trains" by any chance. If so, then this may not be as straight forward as a normal PPC route of ignore.

 

I'll expand more if the above is true.

 

 
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It;s irrelevant. Regardless of any signage, the ticket has been issued on the basis of contract with threat of civil court for recovery of non-payment - standard PPC cr*p and the usual unenforceable invoice.

 

For it to be a breach of bye-law issued ticket, under the auspices of the railway company, it would need to state that it would progress to Magistrates' Court as a criminal matter.

 

A breach of railway bye-law ticket is exactly the same as a Fixed Penalty Notice - you either pay or go to criminal court. The example that mmakov has is patently not such a thing.

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Hmmm, still mixed reactions.

 

It's 7 days tomorrow since I received the charge notice, I was thinking about appealing it as a last option but have realised it would be a waste of time. Not only will they not respond within 7 days, sending the charge up to £80 but they will probably ignore it anyway.

 

I guess my choices are pay up or ignore it and run the risk. Seems like a big risk as it's a railway.

 

What would you guys do in my situation?

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mmakov, do a search on PePiPoo for South West Trains CP Plus.

There is a threrad on there that almost mimics your situation and makes very interesting reading. Blade Runner is the OP.

 

Net result would appear to be in agreement with patdavies and others on here that the ticket is unenforcable.

 

I have a write up to post, but it is on my home PC. I'll post it later but it basically covers what is already in the PePiPoo thread.

 

 
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Okay, first a link to the thread I mentioned above (CP Plus Charge Notice getting heavy handed - please help - FightBack Forums).

 

And another I came across looking for the link, which is exactly as per your issue (CP Plus ticket in Wokingham train station car park - FightBack Forums).

 

No point in going into further detail, these two PePiPoo threads say it all.

 

 
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I received a ticket from MET parking despite having a valid ticket. Surprise, surprise, when I appealed, my objections were ignored and the ticket doubled along with legal threats. This is like having the prosecution counsel acting as judge! They also sent me a very wide angle shot of my car which does not prove anything, as you cannot make out what is displayed on the dashboard. I am relieved to learn that they will not take me to court, but I can't see how they could possibly win in any case as I'm in possession of the pay and display ticket.

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I received a ticket from MET parking despite having a valid ticket. Surprise, surprise, when I appealed, my objections were ignored and the ticket doubled along with legal threats. This is like having the prosecution counsel acting as judge! They also sent me a very wide angle shot of my car which does not prove anything, as you cannot make out what is displayed on the dashboard. I am relieved to learn that they will not take me to court, but I can't see how they could possibly win in any case as I'm in possession of the pay and display ticket.

 

having or not a ticket makes no diff, well it does, p'haps being a mug for paying the first place, but why not, its only fair......

 

you must display them using a protractor & at exactly 90% to the windscreen, else you get a ticket.......

 

cough.cough.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They cunningly ask you to return the notice with the appeal, I haven't posted it yet and will fish it out of the envelope. But from what people are saying I shouldn't even bother to appeal. Or indeed as dx100uk implies, in the future park for free with impunity. Seriously??

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the question you need to ask yourself is did a man buttonhole me to sign a contract when i got out of my car...............NO!

 

so all you have there is an unpaid INVOICE for a contract that does not exist!

 

ignore them totally and as the other poster says,........have a giggle at all the threat-o-grams you get.there is NOTHING they can do to you, it is an IMPLIED contract.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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never pay PPCs invoices or contact them or poast any details of the 'incident' of any forum. But you should pay for parking as to not pay could be construed as theft.

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the question you need to ask yourself is did a man buttonhole me to sign a contract when i got out of my car...............NO!

 

so all you have there is an unpaid INVOICE for a contract that does not exist!

 

ignore them totally and as the other poster says,........have a giggle at all the threat-o-grams you get.there is NOTHING they can do to you, it is an IMPLIED contract.

 

dx

 

Take care with this. Very few contracts have to be in writing. The overwhelming majority of contracts formed every day are not and do not need to be.

 

The three key components are offer, consideration and acceptance.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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never pay PPCs invoices or contact them or poast any details of the 'incident' of any forum. But you should pay for parking as to not pay could be construed as theft.

 

Lamma, are you suggesting that parking companies read consumer forums and use it in evidence against people?

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Lamma, are you suggesting that parking companies read consumer forums and use it in evidence against people?

 

There was a thread to do with credit reference agencies and their right to process data.

The company told the judge that their were posts on this forum. They also tried claiming copyright breaches with regards to their own letters being publically posted.

 

I believe the thread was made private.

 

Companies do read these forums (regardless of what the sites terms and conditions allow).

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Lamma, are you suggesting that parking companies read consumer forums and use it in evidence against people?

 

 

Of course they do all the time In fact there are some here who are not who they seem;)

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never pay PPCs invoices or contact them or poast any details of the 'incident' of any forum. But you should pay for parking as to not pay could be construed as theft.

 

No it can't:roll:

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I was just looking at the British Parking Association website, and apparently they hold annual industry awards ceremonies. Blimey, I wonder what the categories are. Best clamper of the year? But they've cancelled the event this year because of the downturn.. Shame!

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