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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
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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.

      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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Do Civil Enforcement Officers have dispensation?


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Frequently, I have seen CEOs pull up in their vehicle, park on yellow lines, not pay for a ticket and even once cause a relatively big traffic hold up, whilst they pounced on some motorist for breaches of parking legislation. Do they have any special dispensation to break the law whilst undertaking their duties? If so can you advise where it is set down in law?

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There is no statutory dispensation that I've ever been made aware of. Council vehicles will only be exempt from following the parking restrictions if the local traffic regulation orders contain a provision that says council vehicles are exempt when parked to enable council officers to fulfil their official duties.

 

Many traffic orders have not been drafted to allow this and so I would advise checking out the local traffic orders to see if the articles within the orders contain such a provision. If they do not then the council vehicle will be parked in contravention.

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there is no dispensation to allow CEOs to stop on DYLs and issue a PCN if they hare using their own vehicle. some councils will supply permits to CEOs in order for them to park in car parks whilst they are carrying out their duties,

as THEDOGS says Council vehicles will only be exempt from following the parking restrictions if the local traffic regulation orders contain a provision that says council vehicles are exempt when parked to enable council officers to fulfil their official duties.

hope that helps

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Furthermore, a CEO has discretion on whether or not to issue a PCN: so are unlikely to ticket their own (or colleagues) vehicles.

 

Also, the vehicle owner is liable for civil enforcement and thus the Council would be liable for any PCN issued.

 

I have seen a Police Officer issue an FPN to a CEO's vehicle for obstruction; I don't know what the outcome was.

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I think I will need to ask the question of the Council, if there are provisions within local traffic regulation orders that excuse CEO abiding by the law, as we are expected to do. I will keep the forum informed of their reply.

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I think I will need to ask the question of the Council, if there are provisions within local traffic regulation orders that excuse CEO abiding by the law, as we are expected to do. I will keep the forum informed of their reply.

 

CEO are not 'excused abiding the law' they have to abide by the same laws as everyone else which are the Traffic regulations. There are no restrictions that forbid every vehicle stopping each restriction has its own exemptions. You could for example park with a blue badge on a yellow line this does not mean the disabled are not abiding the law. I have never seen a traffic order that did not exempt Council vehicles carrying out statutary duties how would you expect refuse to be collected in streets with yellow lines?

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I see your point and can fully understand it. Still it would be interesting to ask the Council what the exceptions to the regulations are. Dust carts etc do of course have to be stationary from time to time to fulfil their obligations but there does seem something hypocritical about CEO parking indiscriminately while they target motorist for their often misdemeanours.I think it's fair play I'm after here

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I see your point and can fully understand it. Still it would be interesting to ask the Council what the exceptions to the regulations are. Dust carts etc do of course have to be stationary from time to time to fulfil their obligations but there does seem something hypocritical about CEO parking indiscriminately while they target motorist for their often misdemeanours.I think it's fair play I'm after here

 

Why is it hypocritical? The people they are ticketing are in breach of the regulations they aren't? Is it wrong that you can park to unload whilst others will get a PCN whilst they go to the shops, is it wrong that the disabled can park for 3 hours on double yellows yet others get PCNs, is it wrong the Police are exempt from all restrictions, is it wrong cash in transit vans don't get PCNs yet customers using the ATM do, why are buses allowed to drop off at bus stops but coaches can't? Every restriction has exemptions for certain vehicles or activities. In a controlled zone where do you expect the CEOs to park or maybe you feel they should carry change to pay and display? Maybe you also think its hypocritical for the Police to exceed the speed limit if they after a car that is speeding?

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