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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 
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    • 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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Accident caused after third party parked on yellow line - Please Help


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If you think the taxi driver is making a fraudulent claim then that is the point that needs to be addressed not his parking. I could be parked up in my car at the side of the road and be 5 times over the drink drive limit but that would not make it my fault if you hit me despite the fact I should have not been on the road.

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Whether the taxi was parked legally or illegally is not relevant at all. Just because it shouldn't be there does not mean you can hit it.

 

However, it does throw up an important matter. Someone mentioned it was outside the taxi office. Don't they have CCTV? Could be VERY interesting to get hold of a copy.

 

The width of the road will be significant in this case. The taxi driver suddenly appearing and wanting insurance details smells bad to me. Get the CCTV footage and see.

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Hi,

 

Firstly as it has allready been pointed out, admitting liability at the scene can invalidate your insurance erspecially if there were witnesses present.

 

Secondly, you did not have to exchange details with the taxi driver. His 'claim' is against the driver who hit him. What I cannot understand is how the third party's car managed to get shunted into a car on the opposite side of the road. Have you enquired about this to the third party? It seems to me that the taxi was possibly damaged prior to this and the taxi driver is trying to pull a fast one. However, the fact he may have been parked ilegally is irelivent. In any event, he should not be claiming directly of your sister's insurance.

 

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There is the notion of contributory negligence, which might impact the amount of damages awarded.

 

Unless you parked in the fast lane of the M1 in the fog at night its very unlikely that being parked could be seen as contributing to an accident. A driver is meant to be driving at such a speed to react to most situations failing to miss a parked car is negligent in itself. If I parked in a staff only car park and got hit by another car the fact that I was not a member off staff could not be seen as contributing to the accident. A SYL is a prohibition on waiting but not loading, blue badges, alighting, police vehicles, refuse carts etc etc so it would be unrealistic to claim a taxi parked on the SYL was negligent and contributed to the accident but a blue badge holder in the same spot wasn't.

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Unless you parked in the fast lane of the M1 in the fog at night its very unlikely that being parked could be seen as contributing to an accident.
I was thinking more along the lines of being contributory to the damage caused.

 

A driver is meant to be driving at such a speed to react to most situations failing to miss a parked car is negligent in itself. If I parked in a staff only car park and got hit by another car the fact that I was not a member off staff could not be seen as contributing to the accident. A SYL is a prohibition on waiting but not loading, blue badges, alighting, police vehicles, refuse carts etc etc so it would be unrealistic to claim a taxi parked on the SYL was negligent and contributed to the accident but a blue badge holder in the same spot wasn't.
Whether or not it's an applicable principle is up for debate. I'm just pointing out that the principle exists, and might be applicable.

 

Either way, I would counsel the OP to leave it to their insurers.

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