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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
    • please stop posting up unnecessary unnamed screenshot files  you've done it throughout your threads and we have to renamed them. RENAME THE FILE before you upload if its just text information like a defence or a claim history or a link to a previous post  type it here not by an unnamed screenshot attachment  . sorry NM but you've been here dealing with PPC claims since 2021 somehow you always manage to screw up.......or do totally the opposite of std repeated advice on 10'000 of PPC threads here you are your own worst enemy... dx  
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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.
      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.
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      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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