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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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Ircas - to appeal or not to appeal


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Hi,

 

I have an annual season ticket from Banbury to London terminals which states is valid on all routes.

 

Trains run to Marylebone but I needed to go to kings cross. I jumped on a bus...I wasn't sure if my ticket was valid but I have an oyster too. I showed the driver my ticket who looked at it, perceptibly nodded, and so I carried on.

 

10 mins later, ircas fine from an inspector. Do I have grounds for an appeal?

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NO. Because you used a railway ticket on a bus. The equivalent of attempting to board a plane with a bus ticket, I'm afraid. What you call 'all routes' is actually all reasonable routes, on the railway, NOT any other mode of transport unless authorised by the TOC, and that would be in exceptional circumstances (eg., disruption).

 

BUT:

 

You have, I assume, only received a penalty ticket, so yes, appeal. It won't do you any harm. You can't fight it legally (since you were on a bus without a bus ticket!!!) but apppeal, and the fact that you spend £4,700+ might go in your favour. As might the fact that the driver allowed you passage (although when / if questioned he will either deny or not remember it, naturally, thus being a -for your purposes- a useless witness). If you do possess such a ticket and did in fact find yourself in such a situation, of course (no offence).

 

I assume that the ticket you showed him was your Gold Card? Photocopy / scan it and send it in.

Oyster card? Fine to carry it, but if it's not 'touched in', then it's just a piece of plastic. Mind you, give them the number on the back, they can check your credit etc, so if you had means to pay, that too could go in your favour.

 

Don't threaten them or demand court action etc; a road to nowhere.

 

Remember that appealing a penalty won't increase the amount so you've got nothing to lose. And you might just succeed, who knows. And it could be a lot worse! lol

 

All the best.

Edited by Grotesque
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i take it you had a ticket to "London Terminals"?

Views expressed in this forum by me are my own personal opinion and you take it on face value! I make any comments to the best of my knowledge but you take my advice at your own risk.

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