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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
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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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PCN served by post, but no ticket on windscreen


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I have received a Penalty Charge Notice in the post today, revealing that I was illegally parked on the 17th February 2010.

 

I admit that on closer inspection this was indeed the case. However, on returning to my car that morning, there was no ticket on my windscreen.

 

Thus today's letter is the first I have heard of the incident and due to the offense having been made in February, I no longer have the choice of paying the fine early and receiving the accompanying 50% discount.

 

In fact when I retuned to my car, I actually saw the Civil Enforcement Officer leaving the scene on his scooter (parked just in front of my car) and because I saw no ticket assumed there was no issue. However, having seen a "ticket" on my windscreen on the attached PCN, I am now totally confused because I doubt someone would have removed the ticket from my car given the parking warden's proximity.

 

I have no issue paying the fine, but feel saddened that I can no longer pay early to receive a 50% discount.

 

Any ideas if I have a case here...

 

 

eq5pjn.jpg

pnc car.jpg

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How's it fixed to the windscreen? Looks like it might just be laid resting on the glass, so it may have just blown away as you arrived.

 

Anyway, the thing to do is write in and contest it. I guess you don't consider you can contest the whole charge somehow? If not, just contest having to pay the full charge. Explain what happened, as you have done hear, and they may agree.

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I won at PATAS on the basis the ticket was not affixed as the Acts require.

 

I too never found a PCN on the car (outside my own home) about 10 minutes after the alleged time. The CEO's own photos showed the polythene envelope lifting from the screen in the wind!

 

The Borough submitted 52 pages of 'defence' to both me and PATAS but didn't appear. It was my quickest case win at PATAS. All over in less than 10 minutes.:)

 

We didn't even get to the point of the CEO hadn't seen my Permit on the lowered sun visor.

 

Why are these people allowed to cause such a waste of peoples time - and paper?

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Hmm, payment within 28 days of date of service of this notice....

 

 

Yet no where does it give you the date of service, only the date of issue & posting. This would be prejudicial to those unaware the date of service is 2 days after posting as it would effectively reduce their available time.

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