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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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freedom pass that was my husbands- Will this show on an enhanced CRB Check?

Mew
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Mew

Mew

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Hi all,

Just wondered if someone could help me,

 

 

last year I was cautioned by an inspector on the underground for using a freedom pass that was my husbands

 

 

i took his card instead of mine but I did use it and shouldn't have.

 

 

I owned up straight away and was very remorsful.

 

 

I was given a written warning and had to pay £60.

 

 

My question is will this show on an enhanced CRB check?

 

 

Many thanks

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Old-CodJA

Old-CodJA

Posted
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Hi all,

Just wondered if someone could help me, last year I was cautioned by an inspector on the underground for using a freedom pass that was my husbands i took his card instead of mine but I did use it and shouldn't have. I owned up straight away and was very remorsful. I was given a written warning and had to pay £60. My question is will this show on an enhanced CRB check? Many thanks

 

 

You say 'I was given a written warning & had to pay £60.00'

 

I assume from reading that, you mean that this was settled without Court action and therefore there is NO record that needs to be declared to anyone.

 

You would only need to declare it if the matter was heard by Magistrates.

 

If the decision to allow the case to be settled administratively was that of TfL, the case was settled by civil agreement and that is an entirely private matter.

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Old-CodJA

Old-CodJA

Posted
Posted
Not wanting to nit-pick, but it was an alleged Criminal Offence, settled in a civil way....

 

Yes, and to be even more pedantic, it is only an 'alleged' offence until a Court has heard the evidence and the Magistrates decide that the offence has been proven.

 

Mew, it was an allegation that has not been proven, though you accepted liability, but was sorted out by administration and therefore you have nothing to worry about

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veryfoolish

veryfoolish

Posted
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My case, although different, may serve as an illustration. I was summonsed by a train operator to appear in court on a particular day. After I wrote a letter of apology to them this action was withdrawn (without even an administrative charge to pay). The police, however, do have access to the court databases and do know of the discontinued prosecution. In my case they chose not to include this information in an enhanced crb.

 

My understanding is that they could have chosen to include it - enhanced crbs can contain unproven allegations at the police's discretion. This is a very contentious issue, and there are many relevant guidelines for them to follow.

 

In your case the matter does not seem to have reached court. Since it seems unlikely (to me) that the police would have access to tfl databases, I doubt that they could know of the incident, and hence it would not appear in an enhanced crb.

 

It really is so much better to not get in trouble in the first place. I don't plan on doing it ever again :)

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Old-CodJA

Old-CodJA

Posted
Posted
Where's tfl's consistency. Exact Same thing happened to my wife and she got a court fine. Waiting to see if it's going to show as a criminal record.

Glad u didn't have the same result as us.

 

Much depends on the alleged offender's individual reaction to being questioned and reported and also, whether or not there are any previous warnings, penalty fare notices etc. Whether or not there is evidence of 'intent' will determine which charge is brought and how seriously they consider the misdemeanour.

 

Each case really is dealt with on individual merit and for that reason, the action taken can vary. The applicable legislation is always the same for all of course.

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