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    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
    • FKofilee - thank you we got a fair deal if I am honest due to my daughters mental health issues it was better than I thought I would get because as was correctly pointed out to me as long as she is out of the toxic environment with a reference that is better than trying to prove bullying etc.    At least now we can move on.   To everyone, thank you for the comments about the reference think it was just the over protective Dad in me, I do not want any one to think ill of my daughter as her issues were caused by abusers who told her if she told me I would end up in prison not them which is something I will always feel guilty about as she suffered in silence. She knew I would have taught them that some people are capable of hitting back and may well not have stopped at simply giving them a taste of their own medicine. Unfortunately as a father of three girls I have found out the hard way I can not protect them from everything but we try to turn the page and move on.
    • Hi Dave, Hope you enjoyed the football and thanks for looking over the WS.   I have two questions:   1) Strategy - for my mum's car, considering 3 of us were insured on it before it was sold (me, mum, dad) do you think it's worth just playing the 'sue the driver not me' and evade whether she was there or not? And then say POFA wasn't fulfilled so can't be held liable at keeper. I wanted to point out in the WS they should be able to identify the driver considering they had a patrol officer and their privacy notice on their sign says:    'These images will include the recording of the vehicle number plate and may also include images of any person(s) associated with the vehicle. Images are collected for the purpose of identifying the driver or keeper responsible for any charge arising from failure to follow the contractual terms and conditions of the site.’   Obviously in practice they won't have taken images cos that would be a GDPR/privacy nightmare to store. But its their threat, so why not ask them to produce it?   Or should you think its best to to make the statement as you suggested and say they were there and keep it vague about who was driving, like the wording you used suggests?   2) Planning permission: I can't find anything in the portal, I emailed the council and they sent me a booklet about advertising and signs and asked which ones I meant. So I'll reply with pictures. But aside from hopefully the council replying saying they don't have permission - I don't know how else to prove that they didn't have planning permission.    Sorry I have so many questions - writing two WS's (even if they overlap) is a bit of an undertaking!          
    • Well Ambreen is mercifully less repetitive than Wally.  However, the "meat" of her WS comes down to the same thing.  "We put up lots & lots & lots & lots of signs and the driver walked off site".  I don't think you need two threads and I think fundamentally your two WSs can be the same based on the arguments in posts 101-105.   As you're going to state you think the attendant removed the windscreen ticket and also failed to mitigate your mistake, I'm thinking it might be worth your parents backing each other up.  They could each write a short statement saying that on that day they were with "the driver and the driver's party", that they all visited the Citygate garage together which was a matter of metres off site, and when they returned to the car there was no windscreen ticket.   Have they got any other proof of visiting the Citygate garage?  Did they phone before or make an appointment for example?    It also crossed my mind to briefly acknowledge you agree with Ambreen about the signage so that argument can be got rid of (she hasn't got much else).  Then I thought, even better, say you agree about the number of signs but that they were erected illegally and go on to the bit about planning permission.   Regarding LFI's point 48.  Not only will Ambreen not be in court (VCS's paralegals never, ever are) and therefore unavailable for cross examination, neither will the car park attendant who engaged in predatory practises.   When you have time post up a draft of your WS and we'll help to tweak where necessary.
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Bought a Used car from a dealer lots of faults your views please


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Hi maybe just unlucky but I have a Zafira b 1.6 the clutch judders, the air con dosent work, the heater is only luke warm at best and the spanner light comes on with code p1113.

 

Would you fix the faults? or try to get a refund from the dealer and buy another?

 

I purchased the car on the 1st May and have driven 800 miles over the last 4 weeks.

 

Bazza

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defo take it back and gets faults fixed by dealer.

Depends on the the actual cause of the spanner light is, to consider rejecting.

How much did you pay and what year is car. Any finance involved?

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  • 2 weeks later...

It just gets better I call asking when I'd be getting my car back and was told its in bits mate not for a few days yet. So I asked what they were doing, the reply was the heads off the gasket has blown we are waiting for new valve seats from Vauxhall your lucky this has happened now mate its gonna save you loads cause they always need doing around 80,000 any ways.

 

The car started well and ran well. What they are doing or not doing but saying they doing is realy doing my head in. I'm not sure if I want it back.

A 1 owner car with 54k on the clock should not need a top end rebuild.

 

If I wanted a car thats had major work done on it I'd have bought the car for alot less.

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Have they provided with you a courtesy car? If not tell them you will hire one and send them the bill.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Have they provided with you a courtesy car? If not tell them you will hire one and send them the bill.

Agreed...

 

Also, if they are doing all the work now it is a good thing. The garage is correct imo... whilst they have it in bits get the cam belt changed... Should only cost parts of about 100 imo better than 400 at 100k if its a

Chain like mine or 60 if brlt...

 

But u should defo get a hire car from them.

 

Plus, even a brand new car could need s rebuild... Cars can be temperamental ... My focus had about 2g of work at 12 months 17k. Some deALERS lead u on... Ive bin waiting a month for handbook and some missing trsys in my new car... That are on order...

 

make sure you get them to back their work to... Say 12 month engine warranty or we... Major works should give them confidence...

 

im more ca re ful now , simce I was bitten in 2008 by car craft... But in the end they let up at threat of court... But you cannot reject a car before they have 3 chances to rectify work ON THE SAME FAULT...

 

Also, did u pay a deposit by card? Because section 75 of CCA would help if dealer doesnt fix faults.

 

cheers

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Also, vx recommend belts b done at 40k as,they can slacken and cause the need for new valves etc? Mayb what happened to urs?...

 

Btw... Vauxhall owners club has loads of useful info. loads of mechanics etc on there to "lend a hand" to members... google it.

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My main problem now is I just dont trust them or the car, are they going to do it right, lets say for instance fitting a new cam belt when putting it back together. If they have or haven't done this work do I get one fitted anyway?

I hate not knowing.

 

It was sold to me serviced with 12 months MOT, on a closer look around the car when I got home the air filter was as black as the ace of spades the rear light had water in it and the lens misted up, two tyres on the drivers side were snow tyres the the two nearside were just legal normal road tyres. They seem a bit of a bodge job dealer to me I will never use them again or recommend them either.

Edited by Tecnobaz
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certainly get the tyres sorted, illegal for tyres of different types to on same axle? should not have passed mot.

make sure they give it its service that they told you about.

Get a job sheet with list of work carried out before you accept it back. then if in doubt get it inspected by an auto engineer/AA type with a report.

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Serviced means "oil and filter"... its standard for any garage... for plugs, filters ETC it would be a full service: which is years 4, 8 etc, (every four years) for vx. known as a "Major" service... you then have an interim service every two years (excluding the year of the major service - so technically every four years... - 2,6,10 etc)

then the minor service is EVERY TWO YEARS: oil and filter...years one, 3, 5, 7, 9 etc...

 

also bear in mind it is either the timescale above or miles: whichever is sooner... 20k, 40k, 60k ETC... (at least every 20k) but I would personally recommend an oil change at least 10k.... no matter what anybody says, worth spending money on oil (30 quid for castrol oil and genuine vx filter - and a tenner to any bk st garage for a mid yearly oil change)

 

 

now onto the tyres:

 

when you say "barely legal"? how legal, again this is something you should of checked before buying the car? snow tyres are not illegal for use in the summer, i also believe (but you should probally check) that the only implication of mixing summer and winter tyres is you have to be careful about the tyre sizes ... speed rating is also usually lower than summer tyres and as such they are prone to over heating on long journeys... but im not certain it is illegal to mix them up... and would appriciate if somebody could show me the law if this is the truth (one of my old cars infact had one or two snow tyres fitted)....

 

but bare in mind, it is actually a criminal offence to attempt to supply any motor vehicle which is considered unsafe for use on the roads... (this means even giving it away to a degree... but defo if its sold)

 

I am by far not on the side of the dealer here, having been shafted myself in the past... but you have to see both sides of it...

 

also, as said above, ask for a detailed schedule of the work completed. with a warranty extention too... they are basically refurbing the engine, and a refurbed vx/ford etc engine from dealer would as such come with a decent warranty... (2yr last i checked)

 

tell them you expect a complete service doing too, air filter, etc...

 

and did you get a courtesy car? ...

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exactly my thought too... I found this with Dudley Motor Co when they had my old meriva in... the first few times they had it, they were quick to return it... then i couldnt afford to keep adding their car to my insurance. so just used g.fs car... slowed down "turn around" a lot.

 

lol, mind. i called Bristol St for a warranty repair to my new meriva today... Was told by them that if i wanted a courtesy car there would be an 11.75 "admin" fee to pay for the hire... I told them "really? oh well in that case forget it, I will take my car (which i bought from you) to my LOCAL Vauxhall Dealership, and let them earn the "exploration" to "find the fault" and parts cost from Vx... "... the woman didnt seem to hesitate at saying "ooh in that case, let me see what I can do... " she offered to waive the fee, but the ship had sailed. and I informed her "its a little late, isnt it... Obviously once my manufacturers warranty is up I may bring the vehicle back to you, until then I'll stick with my friendly LOCAL garage."

 

(local garage cant give me a courtesy car until friday, but im not fussed about the car that much, and would rather repairs got sorted sooner the better etc... (dont like faults on my car) so said to them "well i can bring it in first thing, but i'll defo need it back by 1pm because i have to get to work" and got a reply "oh, that'll be fine, and if its not back by then, we should have a car available by then anyway.

 

so its all cool. but, I would always get your car looked at by a mechanic to make sure there are no other problems also. Vx dealer will do just that for me when it goes in ("free of charge" as its just a "look over" as "faults" show on the engine (EML). But its cool. a new Air Flow Meter to fit on my car.

 

ALSO> bear in mind... the SOGA gives the dealership the right of repair... But this right has to be carried out within REASONABLE TIME.

 

What is considered "Reasonable" is debatable... but Defo give them reason to "Panick" and perhaps right a letter to them detailing your concerns ETC and putting a formal document in stating what you expect...

1) documentation of all works carried out,

2) cam belt change (i doubt they would replace if its a chain - but if its a chain, offer to pay for parts maybe but labour free of charge - after all its all in bits ETC)

3) an extended warranty

4) full and complete service

5) sort the tyres out (at the very least two snow tyres on the rear of the car not both on the one side - braking friction is greater on the front of the car, as with any vehicle, the majority of braking power goes into the front)

6) --- anything else you consider worth while ---

 

i would put that you would expect a completion by XXX date, otherwise you would seek to terminate your contract with them. as under the SOGA they are permitted to repair the faults identified, so long as this is done within a reasonable time frame... (state reasons you feel the time limit you are given is to be considered reasonable)

 

also tell them you expect a courtesy car free of charge... (neither you/ your wife should be inconvenienced - its not fair on either of you - I had to put up with it when I had my meriva from CarCraft as I was going down the sale of goods act etc - and actually started it off in court stages, which in the end they cancelled the agreements, but I lost 200 quid from "value" of my trade in, despite figures not adding up etc. but since i was out of the agreement ETC i let it go. (was just glad to be rid of the lemon without a massive loan looming overhead)

 

Obviously, since you have purchased a second car, you need two vehicles (which i Also assume your paying insurance /roadtax ETC for - and still without use)

 

hope that this is useful.

 

Also, you never answered before, but did you pay any deposit (even £1 or w/e) on credit card? if so, the CC co is jointly responsible under section 75 of the consumer credit act, and would therefore "fight your corner" (by either means of calling the garage to say "oi, pal, What the heck you doing, it shouldnt take three weeks to rebuild the engine... either get it done today, or WE will take you to court" or something else...)

 

I've used section 75 once before. when i bought a china brand DVD player, the lady from the CC company was like "what do you expect me to do about it" so i spoke to her manager. and got a sensible conversation, until the words "section 75" came up... CC co's dont like you to use that term so much... so i put all of my "Complaint" in an email to them, and it was resolved (and refunded) within about 5 days (had to get an "Independant" assesment to say the unit was faulty which i had to pay £20 for) but being 20 quid down was better than 200 quid down.

 

Obviously... I personally would say ALWAYS pay a deposit by credit card. - or even the whole balance. and clear it immeditately. It gives you a bit of added security.

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Got the car back today, aircon works, heater is toasty, no fault code showing and no judder. :) However I was not allowed to see or get a copy of the job sheet for the work carried out.

 

I can clearly see a new thermostat housing, new coolant, new oil, and a new gasket on the exhaust manifold.

But......... now the timming belt is drumming / whining so its to tight. Its going to have to go back again. :(

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Barry,

 

I just had a thought... Obviously, for a complete service history / value of vehicle. the fact the engine has been "rebuilt" would actually mean you need some documentation showing such. obviously even though the vehicle is out of the 3 yr / 60k vx warranty, some faults could still be covered for "partial contribution" if you can show you have "kept the vehicle well maintained"... and having a rebuild is one of these ways to be shown...

 

explain this to the garage... = cant find any law on the information on vehicle on quick google. but well worth a letter - detail the work you can see they have done... ETC.. Obviously, When my vehicle went into Vx i had nothing to pay, but i still recieved an "invoice" - and a health check... (tyres / brakes / fluids etc)

 

Is the car sold as "full service history" ? if so, argue that it isnt full history if they dont provide you with documentation as to works they are completing.

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Air filters are often only changed each third or fourth service.

 

Buy a K&N one as a replacement, as they tend to make the car drive far more nicely, and never need changed.

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Air filters are often only changed each third or fourth service.

 

Buy a K&N one as a replacement, as they tend to make the car drive far more nicely, and never need changed.

 

vauxhall air filters should be every two years/40k. (vauxhall service schedule)

 

http://www.vauxhall.co.uk/content/dam/Vauxhall/Europe/united_kingdom/nscwebsite/uk/00_Home/Owner_Services/owners_manuals/zafira/ZafiraOwnersManual_Jan07.pdf

owners manual....

 

http://www.vauxhall.co.uk/content/dam/Vauxhall/Europe/united_kingdom/nscwebsite/uk/00_Home/Owner_Services/owners_manuals/zafira/ZafiraQuickReferenceGuide_Jul06.pdf

quick reference guide.

 

 

the service schedule is in my meriva owners manual. so i assume its in the zaffy one too :) = just matter of finding it :)

 

http://www.vauxhall.co.uk/content/dam/Vauxhall/Europe/united_kingdom/nscwebsite/uk/00_Home/Owner_Services/owners_manuals/new_meriva/MerivaOwnersManual_June09.pdf

MERIVA owners manual, section 200 (page 204 onwards) has the additional work on - service schedule.

 

and FYI, Vauxhall manuals can be downloaded from here:

http://www.vauxhall.co.uk/manuals.html

for almost all vauxhalls.

Edited by Wayne0
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  • 2 weeks later...

Didn't take it back had all the work done by Local Vauxhall agent,

Lucky for me the warranty will cover most of the charges, but not all mainly due to the fact they have a cap on the labour rate of £40 per hour.

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