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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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Wheel Clamped, by Shoal Enforcements,my customer didnt inform them,help?


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Hello, my husband works for a satellite installation company (not sky) and was given a job to do, he asked the customer if parking was ok in her area, yes she said. When he arrived he parked in the car park of her flat, saw the clamping sign but assumed she had sorted that as she knew when he would be arriving to install her box etc. When he finished the job he noticed he was clamped, had to pay £135 to shoal enforcements for removal, the customer apologised for not letting shoal enforcements know,they said we could appeal (which we have, but unsuccessfully-what a surprise there ) . Do you think there is anything we can do? We had to put it on our credit card at a rate of 47%

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Absolutely nothing. Paying it is an admission of liability, and unless you've a sympathetic employer who agrees you've been hard done to, thaqt'll be it. The parking company could be threated with a small claims action, but there's no guarantee of success and it could end up costing you more.

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Paying under protest is not an admission of liability, as per DPP v Lloyd (1992). However, you may not win any case, and, even if you do, actually getting them to pay could be very difficult, as PPCs are notorious for ignoring CCJs.

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However, you may not win any case, and, even if you do, actually getting them to pay could be very difficult, as PPCs are notorious for ignoring CCJs.

Which is why you sue the landowner and the clamper jointly.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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