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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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Supply name of person whom you purchased vehicle from


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I think it's because they feel it is his responsibility that they want him to give them the other chap's name.

 

I do agree with you though that it seems strange that they don't simply check with DVLNI and get the name for themselves - curious....

 

If its pre NTO stage they will not be able to ask, Councils or the RSNI cannot just ring up and ask it needs to be a request in order to send an NTO etc. If its post NTO stage then they will have already asked and for all we know been given the OPs details. If the V5 procedure was done properly its not a case of 'grassing' up your mate because the person who was the owner at the time of the PCN should be on record the only reason to refuse to give the details would be because your 'mate' didn't register the car.

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Let us know when they tow your car away I love a good laugh!

 

Why on earth would anyone laugh at someone having their car towed away under these circumstances. This a help forum. Noddyaccount, the RK is held responsible under the rules. Ignoring this will just make it worse. Most of us do not want to see you get even more aggro from this despite G&Ms post.

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You call it "sneaking" they call it "complying with the requirements of the rules"

 

Life sucks and sometimes we have to do things that we don't like or want to do, but we're stuck with them. If you think this is bad, I'd imagine the Gestapo would have arrested you and beat you stupid until you told them your friend's name and then probably have shot both of you for not complying sooner!

 

This is how it starts , sneaking is as sneaking does . As Winston Churchill said;"Where you have 10, 000 regulations you lose all respect for the law . "

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My interest is providing accurate advice not instructing people to refuse to provide information they have statuary obligation to provide. People come here for advice not facetious comments or stupid suggestions that will inevitably cost them more money in the long run. If the OP refuses to provide the details the law requires, then the exemption he has claimed cannot be used. This will then result in him either paying the PCN at the full rate or in a worse case scenario losing his car, which I'm sure he will thank you for!!

 

 

They only have a statutory/legal obligation to provide the information to the police & or the DVLA ............. or to a 3rd party if involved in an accident with that party

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If its pre NTO stage they will not be able to ask, Councils or the RSNI cannot just ring up and ask it needs to be a request in order to send an NTO etc. If its post NTO stage then they will have already asked and for all we know been given the OPs details. If the V5 procedure was done properly its not a case of 'grassing' up your mate because the person who was the owner at the time of the PCN should be on record the only reason to refuse to give the details would be because your 'mate' didn't register the car.

 

It is not the" only reason " , that is the assumption of the autocrat , another reason could be that the OP does not get paid by government unlike you , so therefore not his business . Following your logic if when the body issues the Nto and the Op is correct , he would have been wasting his time doing their bidding, as the agency would be able to get the details from Dvla and see from it he was not linked at all to the vehicle at the time of the Alleged offence .

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They only have a statutory/legal obligation to provide the information to the police & or the DVLA ............. or to a 3rd party if involved in an accident with that party

 

Are you really that stupid? As you obviously had trouble reading the statute the first time I will repeat it....

 

(3) If the ground mentioned in Article 9(2)(a)(iii) is relied on, the following information is required—

 

    (a) the name and address of the person from whom the vehicle was acquired; and

    (b) the date on which R complied with any relevant statutory requirements relating to the acquisition.

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Are you really that stupid? As you obviously had trouble reading the statute the first time I will repeat it....

 

(3) If the ground mentioned in Article 9(2)(a)(iii) is relied on, the following information is required—

 

  • (a) the name and address of the person from whom the vehicle was acquired; and

    (b) the date on which R complied with any relevant statutory requirements relating to the acquisition.

 

The above does not apply to a 'private parking company' you eejit

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The above does not apply to a 'private parking company' you eejit

 

Very true but as has already been pointed out by several people including myself the Road Service NI is the govt agency responsible for highways in Northern Ireland with statuary powers given by The Traffic Management (Northern Ireland) Order 2005 and not a PPC maybe you should do a little more research before giving pointless and inaccurate advice?

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99.9% who own a vehicle can be traced unless you lock it in a garage and never drive, never register to vote, apply for credit etc.

 

I am testing your theory , By the way what if any are the statutes of limitation on a parking ticket/bus lane fine ?

Edited by noddyaccount
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99.9% who own a vehicle can be traced unless you lock it in a garage and never drive, never register to vote, apply for credit etc.

 

You cannot hide in this society. Is all the agro and hassle really worth it? As G&M says you either hide your car and never use it. Alternatively, you could respray the car and put false plates on which will lead to an even greater issue for you (criminal prosecution) as well as considerable expense.

 

I think I would be coughing up personally. Trust me, you will end up wishing you did.

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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You cannot hide in this society. Is all the agro and hassle really worth it? As G&M says you either hide your car and never use it. Alternatively, you could respray the car and put false plates on which will lead to an even greater issue for you (criminal prosecution) as well as considerable expense.

 

I think I would be coughing up personally. Trust me, you will end up wishing you did.

 

TFT

 

Forget that car it's long gone , I have full use of a friends , and yes I am insured .

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Forget that car it's long gone , I have full use of a friends , and yes I am insured .

 

The car doesn't owe the debt you do so whats next a change of id, maybe plastic surgery? :D Just pay up and be done with it if you didn't want a PCN you shouldn't have allowed the car to be driven in a bus lane.

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The car doesn't owe the debt you do so whats next a change of id, maybe plastic surgery? :D Just pay up and be done with it if you didn't want a PCN you shouldn't have allowed the car to be driven in a bus lane.

 

I will not pay for an offence everyone knows I am not responsible for ,I was not even there , I have the moral ground here , the law is an ass how can the registered keeper be liable for the actions of the driver , if my friend had had an accident , he was on the insurance , I would not be responsible , please tell me the difference Mr Kafka.

For the record I happen to believe my identity is my business and your problem ,

Edited by noddyaccount
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For the record I happen to believe my identity is my business and your problem ,

 

This is a bit confrontational isn't it?

 

You have received a range of advice on here which should be helpful to you. That hardly gives you an excuse for this "I'm all right Jack , catch me if you can attitude".

 

Why bother asking if that's the way you feel?

 

For the record unless you deal solely in cash from a stash under the bed and don't own or rent property there is no way you can hide in today's society. Sooner or later they will find you, if they wish to.

 

And all this for something you didn't do, it beggars belief!:confused:

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This is a bit confrontational isn't it?

 

You have received a range of advice on here which should be helpful to you. That hardly gives you an excuse for this "I'm all right Jack , catch me if you can attitude".

 

Why bother asking if that's the way you feel?

 

For the record unless you deal solely in cash from a stash under the bed and don't own or rent property there is no way you can hide in today's society. Sooner or later they will find you, if they wish to.

 

And all this for something you didn't do, it beggars belief!:confused:

 

I suppose it was , but I did not mean to confront the input of my fellow caggers , just the illiberal attitude of some who revel in regulation and illegitimate interpretation of the common law .

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Quite frankly, I think we are blessed with the fact that Local Authorities deal with parking - imagine what it would be like if the Government decided it should be outsourced to private parking companies. There is unfairness all around; however, what would be the consequence if the council pursued only the driver not the RK - no one would ever pay fines or, more importantly, be deterred from committing any parking/driving (only certain offences) offence. Our road network would be chaotic and then we would all be paying the price. I have paid LA tickets; I learn the lesson and modify my parking behaviour. This money is also going back to the public purse, not in to some fat cat's pension fund.

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Quite frankly, I think we are blessed with the fact that Local Authorities deal with parking - imagine what it would be like if the Government decided it should be outsourced to private parking companies. There is unfairness all around; however, what would be the consequence if the council pursued only the driver not the RK - no one would ever pay fines or, more importantly, be deterred from committing any parking/driving (only certain offences) offence. Our road network would be chaotic and then we would all be paying the price. I have paid LA tickets; I learn the lesson and modify my parking behaviour. This money is also going back to the public purse, not in to some fat cat's pension fund.

 

TFT

 

With respect Local Authorities do outsource to private companies , and they are profit driven .I too have paid plenty of LA tickets and as a result have modified my behavior , i have not had a ticket for 2 years .Not one of the tickets i paid had anything to do with traffic flow though , its always been revenue driven , and have been hunted by predatory warden 1 minute over etc. and successfully appealed many a spiteful ticket . Despite the bigger picture it is a matter of principle I will not pay for what I have not done , simples.

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I must say noddyaccount,

 

Part of me does admire your determination and strength of character. As I have said, personally I would pay up; however, if you intend to fight for what you believe is right then I can do nothing else but sincerely wish you the best of luck.

 

Best Regards,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Despite the bigger picture it is a matter of principle I will not pay for what I have not done , simples.

 

You have done it though! You are liable because you permitted your vehicle to be used in a Bus Lane where prohibited, you should have either asked the driver to pay or pay yourself.

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You have done it though! You are liable because you permitted your vehicle to be used in a Bus Lane where prohibited, you should have either asked the driver to pay or pay yourself.

 

Do listen to your logic , I did not permit anything , I was not in the car , I was not aware of the infraction , You cannot passively permit anything , the driver admitted in writing that it was down to him , this was shown to the adjudicator who accepted it was true , yet said I was still liable . You love regulations so much obviously you lack a mind or sense of your own identity unless it is proscribed by someone else.

You have a sad outlook my friend , I wish you would acknowledge to us your interest to the parking industry as you are so very knowledgable , i suspect you work in local govt and your livelihood depends on people swallowing your illiberal illegitimate regulatory nonsense and playing by your rules . Your world did not exist before the early 1990s remember that . I really hope the green in your name does not mean that you actually beleive all this is for the enviroment , and not for revenue , because despite our differences , I respect your knowledge of the law surrounding this and the helpfull advice you can give .

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Noddyaccount,

 

If you wish to win your fight against what you see as this injustice, you will need to spend your energies lobbying politicians as to why it is an injustice and that they need to change the law that they passed that is making you pay a penalty that you could have quite easily flipped to someone else.

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

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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