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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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Help! NCP Ice Accident


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Apart from the odd idiot who resort to name calling or posts insulting comments, in the main it's healthy debate.

 

 

The only evidence I can find of 'name calling' & 'insulting comments' on this thread is contained in the above post - consequently you must be refering to your good self in making that remark in which case I concur.

Edited by car2403
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Not in this case.

 

The extensions of the definition of public highway onto private car parks only apply to those that are open to the public.

 

This is obviously a barriered car park and thus the RTA does not apply.

Can we assume that this applies to car parks that do not have barriers but in order to use the car park you have to pay? If so, then cam I assume supermarket car parks also fall into this category as in order to have free parking you have to buy goods from the supermarket therefore in essence paying for the privilage to park?

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C If so, then cam I assume supermarket car parks also fall into this category as in order to have free parking you have to buy goods from the supermarket therefore in essence paying for the privilage to park?

 

I don't think you will find it is specifically a condition that you have to buy goods, so you are not obliged to pay.

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The only evidence I can find of 'name calling' & 'insulting comments' on this thread is contained in the above post - consequently you must be refering to your good self in making that remark in which case I concur.

 

Then you need to re read your posts

 

You are very careless, unreasonable & judgemental

 

You are the only person on this thread who has resorted to name calling and insults, probably because that is the only thing that you can contribute.

 

Mossy

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This needs to stop, or this thread will be locked and no one will get the final say - move on to add some value, or don't post. Simples.

 

No prob with that car2403, I certainly have no intention of deteriorating this thread further into a personal, undignified & boring 'bun fight'.

 

I do however request that the direct, pointed, personal & gratuitious 'idiot' insult, to which I take the greatest exception, be edited/removed & if it helps the situation, my reference to 'careless' in the post which appears to have offended MC's sensibilities.

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Mossy, G&M

 

You've both made excellent points from both sides of the fence. Leave it at that. You're both experienced posters and need to take a step back. There are a few others who could leave off as well. (You know who you are).

 

For those of you who are tempted to take potshots - I've been educated by both of these posters and found they usually give sound and logical advice both on this thread and on others.

 

I've not read any insults and all I would say to Strawdog is that "if the cap fits wear it otherwise leave the bone alone. :D

 

For the record I made my point back in 54. This would be for a court to decide if it goes anywhere.

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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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Someone please just tell me, is this a consumer forum or a kindergarten?

 

I hope this isn't typical of how threads are. I will think twice before asking for advise myself now.

 

Theres nothing wrong with a bit of lively discussion if you want proffesional advice go see a solicitor. The definition of a 'forum' is a place for open discussion so thats what you get. No one has been rude to anyone and no one has died, I'm sure Mossycat is not losing sleep over the matter neither will I.

 

Happy New Year

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Someone please just tell me, is this a consumer forum or a kindergarten?

 

I hope this isn't typical of how threads are. I will think twice before asking for advise myself now.

 

This forum is very much like the UK Court system, in so much as it is adversarial. Each side presents their own argument as to why they think they are right and then sometimes a healthy discussion/debate/argument ensues. I say sometimes because usually there is a definitive answer that someone can give and nobody can argue against, however on this thread there has been a split on who people think was liable, hence the number of posts.

 

The OP has had the benefit of a very reasoned argument from both sides of the fence, what I suspect will happen in reality is that she will pass any claim that NCP make onto her own insurers and they will argue it out, probably in much the same way that has been argued here.

 

I'm certainly not losing any sleep over it, it's rare that I disagree with what G&M has to say, and to be honest I've learnt quite a lot about parking offences because of his knowledge and his posts on that subject.

 

In the main I respect the views and arguments of others when they are put forward in a reasoned way, it's just sad to see it degenerate sometimes when people resort to personal insults/name calling and don't actually contribute sensible anything to the debate/discussion/argument, and to that extent I can understand why it looks like a school playground sometimes. My advice to you is if you do have a problem and need advice then post, you'll soon realise that this forum has a lot of very clued up people who will help you.

 

I'd really be interested in the eventual outcome of this, personally I'm hoping that the NCP do make a claim against the OP (apologies to the OP for this) because then we will get a definitive answer and find out how it is settled.

 

Mossy

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I'm frightened to inform the outcome :)

 

Well,I haven't heard a thing, I'd like to think they realised that the fact the car park was so slippy it was an accident waiting to happen (after all they did grit it the following day).

 

The barrier has been fixed, the damage wasn't as bad as it looked at the time as it was one of those health and safety barriers that bend on impact - thats why my car wasn't damaged and I wasn't injured.)

 

So...there's the out come - sorry Mossy! (No offence taken :p)

 

Hope you all had a great new year!

 

x

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So...there's the out come - sorry Mossy! (No offence taken :p)

 

 

x

 

None taken.

 

My guess is that NCP staff fixed the barrier themselves and didn't involve their insurers or an external contractor, if that's the case then you may well never get a bill.

 

Mossy

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None taken.

 

My guess is that NCP staff fixed the barrier themselves and didn't involve their insurers or an external contractor, if that's the case then you may well never get a bill.

 

Mossy

 

Lets hope so :)

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