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    • just noticed that one of farages favorite poops was suggesting another stealth tax of 10 quid a month - possibly per person inc children ..   Minister proposed £10 monthly insurance-style patient charge to fund NHS dentists WWW.INDEPENDENT.CO.UK ‘Working people can’t afford another Tory tax rise,’ says Labour’s Wes Streeting   “They are framing this as some kind of pre-payment or quid pro quo, but of course, we already pay for the NHS through income tax, and in general that is a much more equitable way of doing it.” The DHSC declined to comment
    • All righty, seems I know why it was so quiet, basically the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
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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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DVLA Clamping


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Hi there,I was hoping someone could help me.

 

My brother and his wife own 2 cars,a company one and a clio.Recently the clio needed a bit of work done to it so it was housed in their garage while they save some money.This week my brother had to clear out his garage to take some junk down the skip and to make more room and parked the clio right outside his living room window on a path that connects 2 sets of 5 garages(not a path that is used at all coz its a really quiet road and people use the path on the opposing side which runs all the way along the road).The car has no tax.It was there no longer than 2 nights and he came back from work and it had been clamped.

 

This has hit his wife quite hard as its her car.They tried to contact dvla but they are very black and white with it.So Im trying to work behind the scenes to help them out.They are both law abiding people and have always payed insurance/car tax before.They have 2 children and money is really tight for them.They simply cant afford to pay £200 and maybe more to get the car back.

 

Is there anything that can be done for them?

 

I really feel like they have been stitched up.I think they have fallen foul of mistaken identity as their next door neighbour is a bit of a dellboy when it comes to cars.He often has 4 or 5 trashy cars parked outside and it is my belief that someone has phoned to complain and my brother has had his car clamped.

 

Im really angry about it all and I came close today to angle grind the chain off myself.I decided to take sensible option and do it the right way.I would really appreciate some help in this matter as I have no idea of rights.

 

Kind regards

 

Jon

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If the car wasn't SORNd then you have no argument i'm afraid. Having said that, I would of thought that you're sister in law would of received a penalty for having no tax at some point if it hadn't been SORNd so was the car parked on the public road? I would not advise trying to remove the clamp if it has been put on by the DVLA or behalf of.

 

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Wasnt sorn'd no.As it was living in their in garage(thats ok right?).Ill have to check with them about previous correspondence but I doubt they would of had any,they are not the type of people just to ignore stuff.The car was parked on the path.But whats frustrating is its not like an abandoned car,they have no previous offense's and it was a temporary measure while the garage was being cleaned out.Not there more than a couple days and its been pounced on.Disgusting really,whats worse is the cost at which DVLA have deemed a fair price to get their car back.I mean how is £200 a fair price?its a £300 car.

 

Regards.

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They won't get any correspondence while it is SORNd providing all the conditions are met. And it cannot be parked/left/driven on a public road (which includes adjacent footpaths/verges). If it wasn't parked on private land when it was clamped, then it's a 'fair cop' i'm afraid.

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Well the plot thickens.Its looking like there is strong possibility the path in question belongs to hastoe housing,so maybe I can get them off on technicality Im hoping.Ive called the area housing manager couple of times today and left messages,waiting for ringback to confirm the pathway is in actual fact hastoes and also that it was not hastoe responsible for ringing the DVLA,that being they case I would be back to square one.I wont be ringing the actual clamping firm again as they were rude and came across as quite thuggish.

 

Jonny fighting!!

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I doubt it matters who called the DVLA, even if it was the property owner?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It's not who owns the land, you need to find out who is responsible for the the maintenance of it, private or public. The requirement for a licence is if the vehicle is kept or used on a public road, the definition of a public road is 'a road which is repairable at the public expense'.

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Just got off phone to hastoe maintence guy,hes informed me it is hastoe who owns the path and is indeed responsible for its maintenance.I sure hope i can pull this off.

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DVLA should have no leg to stand on then.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thats what im hoping.I just put the 2 guys together now (DVLA and hastoe maintenence guy),am waiting for call back from DVLA once theyve had it confirmed about the land.Fingers crossed and ty to you all for ur help.

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Last update for u guys,had ringback from DVLA who have now spoken to maintence manager.Been told once they receive the paperwork about who owns the pathway they will release the car free of charge,so just waiting on M manager to email docs across.So should just be a formality now.Still annoyed that DVLA are dragging this out.Theyve spoke to hastoe now which in my opinion should be enough proof.

 

Ive decided once the car is back in the garage safely tucked away I am going to try and turn the tables on the clampers and bill them for all my phonecalls/time spent on getting somthing back which should never have been taken,better still i wish i could get my hands on a clamp and clamp one of their cars hehe.

 

Ive rated all ur replys as i figured thats the least i can do as u were all so kinda enough to try and help me.If ive missed anyone please say.

 

Thanks again all for the advise its really appreciated.

 

Jon

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Once I have some money I will gladly make donation.Things are a little tight at the moment.

 

The car has now been returned,reappeared in the exact same spot this morning.Do you guys think its worth sueing?Turn the tables and charge them so to speak.They were very uncomprimsing and unhelpful.Alot of phonecalls were made trying to sort this out and i think its reasonable to charge them the exact same cost they would of charged us.

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Once I have some money I will gladly make donation.Things are a little tight at the moment.

 

The car has now been returned,reappeared in the exact same spot this morning.Do you guys think its worth sueing?Turn the tables and charge them so to speak.They were very uncomprimsing and unhelpful.Alot of phonecalls were made trying to sort this out and i think its reasonable to charge them the exact same cost they would of charged us.

 

You could send them a speculative invoice, but I doubt you'd get anywhere. As bureaucracies go, the DVLA is very similar to the depiction of the central bureaucracy in Futurama ;)

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