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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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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.

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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.

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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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How long are car repairs guaranteed for?


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In May the boot of my Nissan Micra would not open. My usual garage (who are not Nissan dealers) couldn't find the cause of the problem, but suggested I take it to a Nissan garage as they didn't have the circuit diagrams. I took the car to my local Nissan dealer, Evans Halshaw. They quickly diagnosed that I needed a replacement boot switch at a cost of £150. This was replaced & I collected the car. The next time I tried to open the boot, it wouldn't open so I took the car back and they said they must have fitted a faulty boot switch. Anyhow, 4 months on & I can't open my boot again!

 

Am I correct in thinking the repair should have been guaranteed for 12 months? Meaning I should be able to get it repaired for free. I'm sure my usual garage have always told me their repairs are guaranteed for 12 months, but I can't find anything for Evans Halshaw. I just want to know my rights incase they try to pull the wool over my eyes!

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Warranty or implied warranty does not come into it. You are covered by the Sale of Goods Act 1979 (amended):

 

Goods must conform to contract in so much as:

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory.

 

Four months on something that a reasonable person would be expecting to last the six years the act give you protection cannot be said to have complied with the act .

 

In your case you can request the dealer to repair or replace without cost to you. If they should make an attempt to say the lock was not faulty, then under the act, it is up to them to prove there was not an inherent fault for the first six months.

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  • 2 weeks later...

Hi Guys,

 

Thanks for the replies. I dropped the car off this morning & they just called to say that located a faulty wire that needed mending. Should I have to pay for this? Do you think they could have damaged this whilst they fitted the boot switch in May or more likely, it was a faulty wire all along, but they didn't bother trying to identify the exact cause of the problem but just replaced the biggest most expensive component they could find. If presented with a bill do you think I should suggest that maybe the boot switch was never faulty in the first place & they've already had £150 too much of money!

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Hi there,

 

First of all, you need to establish if the new boot switch was faulty or not. If it was'nt then that would suggest the old switch possibly was'nt faulty also and it was this broken wire all along. I would of thought they would of tested the original repair (i.e. after fitting the new boot switch) before handing the car back to you.

 

As you asy, it seems you may of paid £150 for something that was'nt faulty in the first place, so I would certainly see what they have to say about that whether or not they do present you with a further bill, but I suspect that they won't!

 

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Sailor sam were you working at the garage? Went to collect my car, no charge, the car had been fully valeted (it was in a filthy state when I dropped it off) & I've had missed calls from them today asking me if I was happy with the service I received! :lol:

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I think what you are saying is that EH replaced the switch firstly at a cost of £150. Then the boot failed again and they thought they had fixed the fault by whatever means at no charge. It then failed again and they finally fixed it but returned the car very clean etc. So now the question is should you have paid the original £150 as it seems unlikely the switch was the cause in the first place?

 

If this is the case then it could be argued that the dealership have done everything right. You need to balance the hourly rate here. Say for example the garage is on £60 an hour plus VAT. An hour and a half tracing a fault and fitting a switch plus adjustments would not be unreasonable.

 

However, 4 hours, which is not unreasonable to trace an electrical fault these days in reality would have cost £240 plus.

 

So on this basis I'd would say it is all fair and quite probally has cost EH more than it has cost you.

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Sailor sam were you working at the garage? Went to collect my car, no charge, the car had been fully valeted (it was in a filthy state when I dropped it off) & I've had missed calls from them today asking me if I was happy with the service I received! :lol:

 

So I take it its all sorted now to your satisfaction?

 

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Yeah I am happy with the service I received! From past experience with big dealerships I have a genuine mistrust of anything they tell you. I have a garage that I'm very happy with, but they were honest and said they couldn't fix my boot as they are Fiat specialists and didn't have the knowledge of the circuit diagrams for my Micra.

 

I forgot to mention that EH did try to sell me 4 new tyres, even though when I compared the measurements to the ones they did 4 months ago each tyre had grown 1 inch of tread! Before you ask I hadn't changed them within the 4 months :p

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Yeah I am happy with the service I received! From past experience with big dealerships I have a genuine mistrust of anything they tell you. I have a garage that I'm very happy with, but they were honest and said they couldn't fix my boot as they are Fiat specialists and didn't have the knowledge of the circuit diagrams for my Micra.

 

I forgot to mention that EH did try to sell me 4 new tyres, even though when I compared the measurements to the ones they did 4 months ago each tyre had grown 1 inch of tread! Before you ask I hadn't changed them within the 4 months :p

 

Great! well if you think I helped, perhaps you would like to click my scales?

 

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  • 1 year later...

Hi

 

I am also looking for some clear advice on a similar thing. I had a new clutch system fitted on the 9th January 2009 (3 days shy of 2 years) to my Citreon by my local garage. This cost around £350 in total and I have the receipt to prove the work was completed. Now my clutch is on it's way out again and wondered if I had a leg to stand on to be able to contact the garage and get them to replace the part for free even though it has been two years. I am not up to speed with what my rights are I just know that £350 is a lot of money and being hit again now is going to hurt so before I have to probably pay out again I wanted to find out for sure.

 

Thanks to anyone who might be able to shed some light.

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Replacement new parts would only be guaranteed for 12 months I believe, and as a clutch would be considered a "wear and tear" item, I think after 2 years, having driven "x 1000" miles and with no one knowing how you use or abuse a clutch, then I don't think you will stand any chance of a warranty cover.

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There are many variables in this type of matter. I tend to agree with Crem.

 

Firstly, component life will depend on what sort of vehicle we are talking about. With a clutch, mileage is relevant, as is driving style.

 

My car is a big engine motor with a top speed of 135mph, which is never driven over 70 (ok, never over 80). I do not have a tow bar, and I don't race 'Corsa 1.6's from the lights. The car has 114,000 on the original clutch and is 11 years old. My part of the world is flat. The dealer I obtained the car from tells me that 100,000 on a clutch on my car is 'normal', but thinks that it can't go on much longer. However, he passed the comment that my motoring is predominantly 'long distance', whereas most of his customers are 'around town'.

 

As such 'claims' for faulty parts/warranty replacements are 'difficult'.

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