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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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PCN code 62 - parked with four wheels on pavement


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I have noted for some considerable time that you appear take the greatest perverse pleasure in your confrontational posting style where opinions may not be in accord with your own.

 

I sincerely hope that your gratuitous juvenile remark was not directed at me.

 

I'm not the only one then! :rolleyes:

 

To the OP; according to the booklet in your link it sates that there are two signs, one showing the start of the exemption and the other showing the end. I'm assuming you were parked between the signs and not 'outside' them?

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

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yes

the sign he refered too only allowed two wheels on the footway.

look at the link in OP's post

 

:)

 

dk

 

dk

 

I can't see any where it states that. If you are referring to the actual sign dipicting the 'car' with 2 wheels on the footpath then I think you will find that is for the benifit of emphasizing a car being parked on a footpath and not necessarily meaning you can only have 2 wheels on it. If you were correct, then the contravention would not be "Parked with one or more wheels parked on or over a footpath or any part of a road other than a carriageway" would it because you can park with 1 or more wheels on the footpath providing you are within the area of the exeption and not causing an obstruction.

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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you cannot contravene a sign. Signs merely indicate.

 

Ooo, I think you've left yourself wide open with that statement Lamma!

 

It would depend on the type of sign whether it can be contavened or not. In this case, the sign merely indicates the start and end of the exemption if thats what you mean. In my opinion, just because it shows an image of a car with 2 wheels on the footpath, it dosn't necessarily mean you cannot park with all foiur wheels on the footpath (according to the booklet the OP posted). I do note that the OP hasn't said whether he was parked in or out of the exemption area indicated by the signs. Also its interesting to note that the booklet was published in 2002 so perhaps there is one more current?

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Not in the slightest. A contravention if it occurs is a contravention of a lawful Traffic Order. This is an essential truth. Read a few annual reports to catch up. And the same is true for speeding. The signs only indicate, it is the Order that counts. And the booklet carries no weight whatsoever by the way.

 

So what about ''failure to comply with a traffic sign'' an offence under section 36(1) of the Road Traffic Act 1988?

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

 

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Which means that Sailor Sam was correct you can contravene some signs no traffic order is required as you claimed! Do you want a shovel?

 

:eek:

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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You claimed ALL signs needed a Traffic order, they do not the TSRGD 2003 and the RTA 1988 creates the offence of failing to comply with certain signs without a traffic order. Neither myself or Sailor Sam mentioned parkng he even stated the correct legislation. You can try and pretend you only meant parking (even though thats not correct either due to bus clearways) but you didn't. Stop digging and appologise to Sam.

 

:eek:

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Can I make a suggestion here? As DK points out, the OP hasn't made any further contribution to his thread since post #1 and all we seem to have acheived since is a pointless, waste of time, argument. My suggestion is therefore we stop wasting any more time bickering amongst ourselves here as clearly the OP is no longer interested in his 'problem'. I myself will not be wasting anymore time here and I suggest you other guys do the same.

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

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  • 1 month later...
I joined CAG initially to seek help - which was freely and cheerfully given. I now use CAG to give help. I think that unfortunately some others use it to score points against less experienced or knowledgeble people.

 

I believe bad news can still be given, a point of disagreement made or incorrect information highlighted etc. without resorting to rudeness or sarcasm, especially to new CAGGERS.

 

I also note that very rarely are the known flaws in PCN's and NTO's mentioned as something to be investigated as these are still not fully compliant in some council areas.

 

People can park illegally deliberately, risking the penalty or they can make a mistake. If the latter, (even the former?) and there is a way to exploit a council's mistakes in wrongly worded paperwork or poor procedure then as far as I am concerned that evens the score and the CAGGER should be given the opportunity by someone with the requisite knowledge to exploit the council's shortcomings and explore this possibility of avoiding paying the penalty.

 

I think I have made my views clear - as have others. I would prefer not to have to make further responses on this. I shall not respond further on this specific issue other than by tipping scales or the triangle as appropriate.

 

I couldn't agree more BD, you've obviously been reading quite a few posts in this section and the obvious has smacked you in the face. I have to say that I think some of the CAGGERS you refer to (and I know who they are), are that enthusiastic on shooting fellow CAGGERS down in flames, they don't even read the threads carefully enough and I can point out one classic example recently about a stolen car being recovered by the police in the motoring section.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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Please direct me to one simple piece of constructive advice that you have given in this section? We can all post 'good luck' messages to people hoping to get a PCN cancelled but tea and sympathy is not going to help anyone. Please just link to a single post where you have actually provided factual information to assist anyone (that is correct)? All you have done is troll through old threads like some snivelling teachers pet trying to report my posts. Considering some of the posts you have reported are over 6 months old I'm sure if they had offended anyone they would have already been modereated. Did you report Sailor Sams post that told the OP he deserved a PCN......no I thought not! I think you need to buy a dictionary before you acuse me of being a bully and then take a good hard look in the mirror!

 

Yes I did but I also said that it needs testing due to the possible poor/inadequate signage. Strange isn't it that that particular thread has gone quiet and the OP hasn't come back with any news. As for me being 'reported' for saying someone deserves a PCN, well like I said to you before; 'kettle-pot-black' because you have done the same on more than one occasion! If anyone parks knowingly in a place where it is obvious they are not supposed to (school entrance zig-zags, pedestrain crossings ect), then they DO deserve a PCN. We are not here to assist or encourage people to break the law after all, but just to assist those who have made genuine mistakes or where the LA's have screwed up with inadequate signage ect.

 

Now you may want to carry on and argue the toss who's right and who's wrong, but i'm off to bed now as unlike you, I need my beauty sleep.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful

 

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Do I get a gold star then? :first:

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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