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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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Unpaid Motoring fines


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Hi,

 

This is the first time I have used one of these forums, so please bear with me!

 

I am having the week from Hell. Yesterday I received a Warent of Execution for an unpaid PCN back in May this year!

 

Honestly, these are the events leading up to yesterday. I was waiting for my Tax Disc renewal form to arrive in August this year, It did not come. When I rang the DVLA they told me that they still had my previous address on record. I had moved house the end of 2010, changed everything, insurance, driving Licences, thought I updated the DVLA, but obviously not! This is my first car and first house move so I was learning as I went along! So I updated the DVLA straight away, yesterday the letter from the bailiff arrived!

 

When I rang hounslow council who issued the PCN they said all notices went to my previous address! I never received these or any other PCNs or any other motoring fines I may have got.

 

This morning I sent off the TE7 and TE9 forms to the Traffic enforcement Center, Im not sure whether this will be successful!

 

Now Im totally Petrified that I have other outstanding fines and I don't know how to find out. If I have am I going to be punished with huge fines for making a mistake? This is the first thing I have ever done wrong in my life, never even had a speeding ticket!

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You've done the right thing with the TE7and TE9. You'll just have to sit tight for now and see what they decide.

 

As for others - it's unlikely you'd have more than one which you know nothing about - they're usually on the car. But if I were you I would phone up the council where you usually park (which I guess is where you live) and give them your reg number, and ask if there is anything outstanding. That should put your mind at rest.

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I wish that I could say that it was unlikely but Im not so sure! I received a PCN just after I changed address with the DVLA and it came to my new address! It was for stopping on the edge of a bus stop, my husband stopped to pick me up as it was raining! I think the not received PCN was for the same thing! Obviously if I had got the first PCN we would not have stopped here again, but I fear we have during the time the DVLA had my old address and I was unaware that you would get fined for stopping in a bus stop! What a nightmare!

 

I asked both the TEC and Hounslow Council for further help regarding any other fines and they both told me a need a PCN number first........which is ridiculous as I dont know!

 

It is strange as I updated everything when I moved house, I am sure I would have updated the DVLA but how do I prove this?

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I emailed Hounslow who replied with this:

"In response to your comments, at this stage we are no longer able to deal with any appeals or accept payment in relation to the above case as the warrant has been issued by Northampton County Court.

 

We can confirm that we have received notification of the Out-of-Time-Witness-Statement (OOTWS) from the Traffic Enforcement Centre (TEC) in relation to the above Penalty Charge Notice (PCN). The case has been placed on hold and the TEC will review the case and send you a letter of response in due course.

 

We can also confirm that this is the only open PCN that we have a record of in relation to your Vehicle Registration Number.

 

Kind Regards,"

 

Im hoping this means that this is the only fine I never received?!

 

Regarding the V5 document......when I didn't receive my new tax disc I rang the DVLA and they said they still have my old address on File! I immediately then sent off the slip on my V5 which still had my old address on! Does this mean that I must have forgotten to update the DVLA! This was a year ago now and I cannot remember specifically if I informed them, I updated everything else, driving licences, insurance, council etc!

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We can also confirm that this is the only open PCN that we have a record of in relation to your Vehicle Registration Number.

 

 

 

Seems clear enough. Of course it's possible that you might have picked one up in another area, where another council operates - but only you would know how likely that is and whether it's worth tracking down the council there and asking.

 

As long as you get DVLA updated ASAP, you shouldn't have more issues like this in future.

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