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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.
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      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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Car towed from single yellow line, please help


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I parked my car on a single yellow line on a saturday morning around 9,10 am. The steet is a market during the week but not on weekends. I come back around 10 and my car had been towed. I found out that I was issued a ticket at 9,20 am and the car was taken at 9,52 am. What I don't understand is:

If there is no market and the car didn't bother anyone what was the urge to toe it? Is it legal? I want to appeal but although I have been reading the traffic road act, the code etc I have not found anything that clarifies my situation. Can anu#ybody help me?

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The council (I assume it was them who towed it) are at liberty, if they wish, to tow any car which is parked in contravention. Normally they will not do so unless there is a specific reason - as to why they did in your case, only they can explain.

 

In terms of appealing, what would your grounds be? Is there a reason why you parked there and did not realise the line was in force? Or is it just the tow you wish to appeal, and not the PCN?

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In your appeal you can include the text below. Keep all underlining to emphasise the bits the council needs to focus on.

 

I bring to the council's attention the matter of procedural impropriety. The council has incorrectly applied those charges specified under section 101A of the Road Traffic Regulation Act 1984 in regard to the collection of my vehicle when the correct charges to apply are those under section 102(2A). Paragraph 1(1)(b) within Schedule 9 of the Traffic Management Act 2004 confirms this assertion. The charges under s.101A only apply when the vehicle being recovered is one that was considered to have the appearance of being abandoned and its disposal is pending. Clear evidence of this is found under regulation 18 of The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008.Therefore, the council had no lawful right to insist the penalty charge be paid when I collected my vehicle nor did the council have any right to retain my vehicle until I also paid the removal charges. A council operating under civil enforcement powers is not given the same power to retain that is given to a council operating under criminalised enforcement powers. This is made quite clear under s.102 RTRA 1984. The power to retain until all charges are paid is purposely withheld, not only so that those rights that follow the service of a regulation 9 PCN can be fully exercised, but also because the right to retain is inappropriate for a civil matter. The council also had no right to administer the appeal process regulated under Part 4 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. Part 4 is made pursuant to s.101B RTRA 1984 and yet where enforcement under the TMA 2004 occurs and a penalty charge is imposed then any appeal must be pursuant to and in accordance with section 80 TMA 2004. As my vehicle was not immobilised the council should have administered the appeal process under Part 2 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 as these are the regulations that satisfy s.80(1)(a) TMA 2004. It is no coincidence that had the council correctly applied those charges under s.102(2A) RTRA 1984 then access to the Part 2 appeal process would not have been obstructed.

 

Before my vehicle was removed the council served a regulation 9 PCN. The council has not only denied me the opportunity to pay the PCN at a time of my choosing within the statutory 28 day period but they have also denied me the opportunity to make an informal challenge and the right to receive and respond to an NtO. The PCN and statute clearly bestow these rights upon me and it is no coincidence that had s.102(2A) been correctly applied then none of these rights would have been interfered with. If the council are advocating that these rights are not applicable then in essence the council is suggesting the PCN is a notice filled with lies. If the PCN has no validity then it is a nullity and thus there can be no penalty charge and no lawful CEO removal.

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  • 4 months later...

Hi, Im wondering if anyone can lend a hand with writing a representation to Manchester Council, our car was towed on the Sunday 12th August from a single yellow line under a bridge in the city centre at 15.39pm (when the PCN was issued) and towed at 15.47pm. We wish to appeal as there were no information or enforcement signs stating a) parking restrictions b) towing enforcement was in operation. The only signs present within the tunnel were ''disabled badge holder only'' and they were for the marked bays provided (dashed lines) We have taken photos of the location in order to back up our claims of no signs.

 

Are we able to contest this to the council? Is 8mins a sufficient amount of time from issuing the PCN to towing the car?

 

 

 

 

 

We have until Sunday to send our claim and would be highly grateful of any help.

 

Cheers

 

Sam (and Tom)

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