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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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PCN Issued - all details incorrect


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Sorry people ive had a look around and am struggling to find anything similar to my issue.

 

Today i returned to my parked car to find a council traffic warden photographing my vehicle, he told me the bay i was in was temporarily suspended and pointed to a sign about 20 feet down the road tied to a lampost. He apologised and said he had already started the process so it was too late for me to not receive a ticket. He tore a strip of paper off of his handheld machine and gave it to me before walking off. I drove home and then looked at said strip of paper and it is a ticket for someone else, wrong location, time, vehicle etc - all details incorrect.

 

What do i do now? As I havent been issued the correct ticket I cant make any payments, and am hoping I dont have to. Can they still issue me a ticket?

 

Hope you guys can help, thanks.

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Photos count for nothing. You only have a PCN if one exists with your reg number on it.

 

Sounds to me like the CEO meant to issue a PCN to vehicle A, you came along and took the PCN from him, but got into vehicle B and drove off. Vehicle B may well never have had a PCN. The owner of Vehicle A will have a dispute on his hands though - legally a PCN was never served to him/his vehicle, but the records will say handed to driver!

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Make an informal appeal to the council saying you parked in XX road on xx/xx/2012 and arrived back at your vehicle to find a CEO issuing a PCN, which he then handed to you. On examining the PCN you have found that the PCN does not relate to your vehicle or location and therefore request that the PCN be cancelled. Enclose a copy of the PCN

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The issue revolves around whether the PCN was served. By your account (assuming the one you were handed has a different reg number on) then no PCN was served, and you should by rights have it voided. However, the struggle is getting the Council to accept your account, if the CEO is saying something different.

 

A lot will depend on what evidence they have. I think when you appeal, you can give a very honest account of what happened. Include a photocopy of what you were given and ask them to check their records for that vehicle as well as yours, including photos and details of how the two PCNs were (supposedly) served.

 

You ought to win - but they might make you fight for it!

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The issue revolves around whether the PCN was served. By your account (assuming the one you were handed has a different reg number on) then no PCN was served, and you should by rights have it voided. However, the struggle is getting the Council to accept your account, if the CEO is saying something different.

 

A lot will depend on what evidence they have. I think when you appeal, you can give a very honest account of what happened. Include a photocopy of what you were given and ask them to check their records for that vehicle as well as yours, including photos and details of how the two PCNs were (supposedly) served.

 

You ought to win - but they might make you fight for it!

 

Appeal on the grounds of procedural impropriety in that the PCN was not handed to you or attatched to the vehicle, as above just tell a credible account of what happened and include a copy of the PCN (not the original). There is in my view no logical reason for this other than deception by the CEO, I would not be surprised if he had not had time to issue your PCN so gave you a copy of a previous PCN and then issued yours after you left but I would not mention that in your appeal just keep to the facts.

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  • 1 month later...

Hi All,

 

I sent the letter explaining exactly what happened, giving my reg details and location I parked in. I received a letter back from the council with the PCN Number for the ticket handed to me (incorrect one) as reference stating they had cancelled the ticket. They didnt mention my vehicle in the letter or provide me a PCN number for the ticket I have never physically been given.

 

Now I have received a notice to owner to pay the full amount. Where do I stand? Thanks for your help.

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You mean to say you appealed the other one? The one which didn't have your reg on it? If so, you just got someone else a cancellation!

 

Anyway, you need to write back, again explaining exactly what happened, and stress that no PCN was served to you or your vehicle. Give the other reg number as well, and ask them to check the records and they will see that your account is true.

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Which is what i was worried they might do, as i didnt have my own pcn i couldnt provide the number, but as i provided them with my reg and the location i parked as well as explaining exactly what happened i thought they would look into it. They clearly didnt.

 

Theyve enclosed photos in the NTO, one of which has me getting into the car after he has given me the incorrect ticket and then the 2nd photo has me sitting in the car about to drive off, dont know if that is important or not...

 

I will write back again, explaining what happened, would it be wise to mention that i had previously written and provided my details?

 

Thanks

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I will write back again, explaining what happened, would it be wise to mention that i had previously written and provided my details?

 

Yes, I would. As you've discovered, if you don't spoon feed them everything, they are incapable of understanding!

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