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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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Parking Notice - Brookwood Railway Station - CP Plus Ltd


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Hi guys,

 

Well, I continue to ignore them, but I am now at the stage where they have isssued a letter from "Debt Recovery Plus Ltd" stating a "notice of intended Litigation" which basically threatens applying for a county court judgement against me.

Has anyone else had this - and is the advice still to ignore?

 

Incidentally I have just bought a parking season ticket - 850 quid...OUCH!

 

Thanks guys.

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yes, you are receiving the "normal" progression of letters from them.

 

Don't worry, dispite what they think, they can't just "apply" for a judgement against you. First they have to lodge a court claim (unlikely) then they would have to win the case against your defence (very very unlikely) then you would have to refuse to pay the court (impossible I hope?) so just keep ignoringtheir bluster.

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Thanks guys - I guess a part of me feels bad because in theory I was in the wrong spot, I just feel the fee is completely unjustified! So if it went to court could I be liable for a lot; their costs etc.

 

I may well post up here for moral support as I go through the process of their letters!!

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Very true, plus I've just driven up there to have a look at the parking signs etc., and I did not drive past a single parking sign between my entry to the station, and my parking space. There are a couple but they're small and tucked away towards the end of the carpark (which I didn't see because I cut across to the parking space). I bought my ticket from the station ticket machine with my railfare so didn't see anything on the parking meters either (which actually don't have anything useful on anyway I don't think).

 

I didn't hang around as the CP chap was doing his rounds, but will head back later to take photos.

 

I don't feel bad now!

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  • 1 month later...

received my Trethowanse letter a few weeks back. ignored that one, and have now got my Wescot credit services letter, bascially asking me to confirm that they have the right details. "Address Verification" i havent got to the threatening letter of court yet

 

 

its taken them 2 months to get 2 letters out

i'll carry on ignoring.

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so when do these letters actually stop? cos for £2.50 they where only £1 away from the dam car park fee for the day and they have probably spent that on stamps now.

 

I think these PPCs rely on something like 35% of motorists coughing up without questioning the validity of these charges.

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There is nothing illegal in what they are doing. Its just the terms of contract they try to use are usually unenforceable in a county court. They overstep the mark with some of the statements they make, and the threats they use to try and intimidate people in to paying.

 

I think the only course of action against them is for harassment but they normally know just when to stop. It could be a great or bad day if it did ever make it to a high court were a decision either way could be made.

 

The simple answer is not let it bother you and carry on ignoring.

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The only way it will affect your credit rating is that if it goes to court (very unlikely) , you lose (very,very unlikely) and then you refuse to pay whatever the judge orders within 28 days of that order being made. As this is such a remote possibility it's not worth worrying about.

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so when do yuo let it bother you, when you get the court appareance through? i just dont want this to affect my credit rating at all....

 

As DBC has said. what you are worrying about is very unlikely, but that is their intention to make you worry. The only time it could effect your credit rating is it you did receive a CCJ and you never settled it within 28 days.

The only time these chances take a chance is if they have more then a simple car registration to go on that's why most advise to ignore completely.

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Guest GraceCourt
so when do yuo let it bother you, when you get the court appareance through? i just dont want this to affect my credit rating at all....

If it helps you, scaddy, think hard about some of the stuff that's actually being claimed. For example, you will probably get something that mentions bailiffs calling at your home address and seizing your goods for non-payment. Now, a sanity check... can it be right that someone who unilaterally decides that you owe them money can just turn up, break in or barge their way past you, and start helping themselves?

 

No. And what might be the missing step in this insane suggestion? Oh yes, a Court looking at all the facts, and after considering them carefully, deciding that you should pay up an enormously inflated sum for non-existent losses caused by your parking error. Likelihood of that happening in real-world terms? ZERO.

 

That's a more long-winded explanation for the excellent advice already offered in this thread. So, working backwards again, we deduce that the threat to turn up and just take your stuff cannot be true. And if that isn't true, then... the whole procedure is revealed to be the tissue of lies that it really is!

 

In short... Do not pay, do not respond, and remember that in this season of heavy snow and shortages of essential goods in the shops, even these letters from the parking company are not completely useless, as long as:

 

  • they are not printed on very shiny paper, and...
  • you are very, very careful to remove any staples that might do you damage...

:-)

Edited by GraceCourt
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Guest GraceCourt
Can you tell me if it is legitimate and enforceable?

Sorry, it's too small to read, but I can see the BPA logo, so it has NOT been issued under a statute or railway by-law. Can you post a larger version? Make sure that you mask any personal or identifying details... this is best done by scanning and cutting out portions of the picture with a drawing package (DO NOT just paste black boxes over it unless you know 100% what you are doing... there is often a risk that this can be circumvented...!).

Edited by GraceCourt
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