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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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A relevant question on private car parks

banz

By banz
in Private Land Parking Enforcement

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banz

banz

Posted
Posted

This is for my dad and not for me. It is really his fault so there isn't much to debate but hopefully we can get some advice on this. The car he was driving is registered under my sister name which she is living in the states.

 

My dad reversed into a private car park and accidently hit one of those parking security post. He got out the car and took a look. The post got scuff marks and the black paint came off on where he hit it. He didn't thought much of it as there was already a few scratch marks and dent on it so he got back to the car then drove off.

 

Few months or 1/2 year later my sister came back from the states and said she has been issued several letter from the company saying that they got records of my dad hitting the post and I think they wanted quite a bit of money for it. I can't remember whether she said whether it was 150 or 350 quid for it. This was all on the CCTV and apparently they said it has got a clear picture of him and the car number. They claim they had to replace the post with a brand new one. I think they sent those solicitors or small claims company after my sister as the car is registered under his name.

 

Should my dad just pay the fine since it really his fault? He just thought that they charged him way too much for it.

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DBC

DBC

Posted
Posted

This is not a "fine" as no law was broken, I suppose he would be liable for any damage caused though. Before he pays for the damage he should insist on seeing a breakdown of the costs incurred by the parking company in replacing that sign.

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Bernie_the_Bolt

Bernie_the_Bolt

Posted
Posted

When you write head the letter "Without Prejudice".

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

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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banz

banz

Posted
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Posted
When you write head the letter "Without Prejudice".

 

Ah yes, that would probably be better. I spoke to my dad and he is more than happy to pay as it was his fault for reversing into it.

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My Real Name

My Real Name

Posted
Posted

You might ask for evidence that the pillar was actually broken, and that it required replacing. And then you might ask for the various quotes received for installing a new pillar.

 

Your father might be willing to pay for the damage, which is admirable, but there's no reason for him to be taken for a ride.

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banz

banz

Posted
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Posted
So theoretically it didnt need replacing only re painting???

 

I wasn't there at the time so I don't know. But my dad is a honest and humble person so I believe what he said was true. There was barely any visible scratch to the bumper on the car at all so I really doubt it has done much damage. I have a feeling that they used this incident to replace it but I wasn't there so it is only my opinion. My dad has retired and hasn't got that much money so I'll be paying for him. But I'll definitely ask for evidence to proof that it is damaged beyond repair. I did went afterwards to check the pillar and they are massive as thick as a lamp post so if he had hit it hard there would've been a dent on the car.

 

Anyway just as "My Real Name" says, I don't want my dad to be ripped off if it is only a paint job.

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diskmandave

diskmandave

Posted
Posted
This was all on the CCTV and apparently they said it has got a clear picture of him and the car number. They claim they had to replace the post with a brand new one.

 

If the CCTV is so clear it should show the alleged impact...?

 

Receipts for materials...?

 

Copy of Quotes for work undertaken and lowest estimate used...?

 

Time to ask for all of the above methinks!!

 

Anyone can send a bill for £350 without proof!! Why

weren't the Police involved if it was SO BAD and there

is irrefutable CCTV evidence, after all, this is leaving

the scene of an accident and failing to report it too?!!

 

CCTV can be obtained by SAR if they refuse..

Without it, I doubt the claim would hold much water..

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Bernie_the_Bolt

Bernie_the_Bolt

Posted
Posted
If the CCTV is so clear it should show the alleged impact...?

 

Receipts for materials...?

 

Copy of Quotes for work undertaken and lowest estimate used...?

 

Time to ask for all of the above methinks!!

 

Anyone can send a bill for £350 without proof!! Why

weren't the Police involved if it was SO BAD and there

is irrefutable CCTV evidence, after all, this is leaving

the scene of an accident and failing to report it too?!!

 

CCTV can be obtained by SAR if they refuse..

Without it, I doubt the claim would hold much water..

 

Yes but you need to ask one bit at a time.

 

That way you can build up to an answer that they have failed in their common law duty to mitigate their loss and have failed to provide you with an opportunity to examine the unrepaire damage.

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

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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banz

banz

Posted
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Posted
Has your dad been back to see if it's been replaced?

 

I'm not sure, will ask him when I have a chance.

 

sister wasn't driving and was out of the country. she should tell them that. and only that (while denying their claim).

 

If it was me I would've probably try to get away with it since my gut instincts is that they are making a big deal out of this and taking an advantage of the incident. But my dad strongly believes in karma and throughout his life he always try and do things right so he kept telling me to just let it go. He is slightly worried that I might make matter worse if I **** the company off and we will end up paying more or go to the court for it.

 

Thank you all for the support and advices. I would've fight hard for it but after all he did reverse into the pillar and done some damage. I'll try and negotiate to see if they are willing to reduce the cost or at least show evidence of the work that has been done.

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pin1onu

pin1onu

Posted
Posted

Just remember that they are not allowed to make a profit. Any "damages" paid should re-imburse the costs and nothing more. They cannot add penalties of any sort.

-------------------------------------------------------------------------------------------------------------------------------------

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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Al27

Al27

Posted
Posted
If it was me I would've probably try to get away with it since my gut instincts is that they are making a big deal out of this and taking an advantage of the incident. But my dad strongly believes in karma and throughout his life he always try and do things right so he kept telling me to just let it go. He is slightly worried that I might make matter worse if I **** the company off and we will end up paying more or go to the court for it.

 

Thank you all for the support and advices. I would've fight hard for it but after all he did reverse into the pillar and done some damage. I'll try and negotiate to see if they are willing to reduce the cost or at least show evidence of the work that has been done.

 

Fair enough, but you would be entitled to see an invoice for work completed. Insurance companies usually get 2 or 3 and pay the cheapest.

 

If they refuse and your dad really wants to put it right, I would suggest he obtains a written quote himself.

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