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    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
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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.

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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.
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      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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East Coast Main Line - unpaid fare notice but valid ticket!!

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Hi, I hope someone can help me..


I was travelling last week on a train from Leeds to Stevenage. Had purchased and collected the correct tickets for the train and accessed through barriers at the mainline station. However when the ticket collector came round, I had lost my ticket seat reservation (though I still had the valid ticket) and I was able to show him the booking reference on my Iphone which showed I was on the correct train. The conductor said I would have to buy a new ticket or issue a fare notice. He deemed me to be not communicating and gave me five minutes before he said he would call the Transport Police which he duly did. All in all this gentleman was incredibly rude, raised his voice and was thoroughly nasty. I am a secure woman in my thirties and I was actually reduced to a quivering, crying wreck at the end of the journey.

At one point tried to cajole some passengers opposite me into backing him up. I spoke to the Transport Police and on their advice gave him my details for the Unpaid fare notice. I now have to appeal by this Wednesday, and would really appreciate some advice on how best to put this forward, as I a) had a valid ticket for the train and am an honest passenger and do not believe I should have to pay another £92.50 for a train I had already paid for and b) believe this conductor acted entirely inappropriately for the situation and I would like to lodge a formal complaint.


Please let me know your thoughts!

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If the ticket is an advance booked type (i.e. ONLY valid on the train as booked) then the reservation part of the ticket forms part of the ticket and MUST be shown, otherwise the ticket is not valid, as the ticket part itself needs the reservation to validate it (bit like having a railcard discount: you need the railcard).


That being said it was wholly unprofessional for the TM to get other passengers involved (unless they had already started asking him about the matter? in which case he can explain his actions to them, although he should avoid going into details even then) -he risks involving others in a private matter where they might also fall foul of the law by 'interfering with his duties' under the regulation of railways act.


The TM should have explained politely that the ticket was not valid (although to be fair he *did* have discretion if you could prove to his satisfaction you were on the correct train- he could also verify this if he had a 'reservation list'), the main point being is to ensure reduced fare tickets are being used correctly. He is entitled to issue a UPFN if he believes the fare is 'at risk' after you refused to pay the full fare (as he is entitled to ask for also).

*please bear in mind certain TOCs are more strict than others and may choose to curtail staffs discretion*


To be fair, my old employer when I was an RP area manager, stated very clearly that UPFNs were ONLY to be issued to the next staffed station where the passenger was to be left to sort out another ticket.

This may sound harsh, but a TOC gets next to nothing back from UPFNs as the collections company (usually RPSS) get the vast majority just ti chase collection, so large value UPFN's are frowned upon.


IME the chances of an UPFN being withdrawn once issued depend on the TOC, RPSS are highly unlikely to cancel one and will add a sum very 14 days of non payment too.


I recommend you write to the TOC asap and also to the agency controlling the UPFN (it'll be written on the note) stating you are disputing this payment.

But do not try to delay paying the UPFN company as they will carry on adding fees for non payment until they eventually go to court for a CCJ.

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Can you just claify one point, did you initially refuse to give your details as it would seem odd to get the BTP involved unless you had either refused or given false details....

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

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I didn't refuse or give false details.. the train guard said I was not communicating even though I answered every question he asked me. He only gave me 5 -10 mins to find my ticket before deciding to call them..

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Unfortunately the Guard has acted "by the book" in terms of the ticket issue, East Coast and formerly GNER have a reputation for being strict on tickets, as for the guards attitude then send a complaint to East Coast's customer service team if you feel that he acted un-proffesionally.


Unfortunately some people do "lose" their seat reservations with Advance tickets in order to travel on earlier/later trains which is why the TOC's are quite harsh with their implementation of the rules which means that some honest people like yourself end up paying the price.


I've seen it first hand where a customer has handed me an Advance ticket, upon asking for the reservation slip they pretended to look through their bag, I had seen it all along hidden under their book on the table and they went bright red when I pointed it out and it was for a train in 2 hours time, it's because of people like that i'm afraid!

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

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I concur.

In the last 2 years I worked for a TOC as an RP Manager and Guard it was almost a daily occurrence to get handed tickets for trains 2 hours+ later or earlier and a great deal of the time the part of the ticket confirming the time was hidden or 'lost' or reluctantly handed over.

Unfortunately now the advance tickets are often so much cheaper than the normal tickets (even compared with off-peak fares) there is no room for a ticket inspector to allow tickets to pass or to charge a small upgrade: the differences are huge and the TOC managers are very strict to ensure that a full fare is charged every time.


IME when a person started to refuse to pay the full fare then 90% of the time it would end up with having to call security/BTP to physically remove the person(s) from the train: I think an increasingly large number of people just book the tickets for 'any old train' when they find there are no cheap tickets for the trains they actually DO want, then just try and blag it.


I am NOT saying that's what happened here: in fact I believe the OP has been caught out by the actions which have reacted due to the people who misuse these tickets.

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