Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Used car has just been confirmed unroadworthy after 32 days of purchase!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4286 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I've read through a lot of posts on here regarding used cars but a lot seems to b dependant on make model and issue with car.

 

I bought an 03 Megane 1.4 16v 32 days ago for £1300, which seemed like decent value.

 

Having had problems with the breaks two weeks later i began to grow uneasy but continued on, later thebreaks just shut out completely whilst i wa driving and nearly caused a severe crash. So i took it to a garage an the mechanic nearly collapsed after an inspection and begged me not to drive it home again.

 

He said the car needed £1700 of work...the following needed repaired:

 

3 tyres

2 front springs (pos) shocks

Catalytic Converter

Rear Discs and Pads

PSR Cal

Power Steering Belt (which was actually completely snapped when inspected)

Front discs and Pads

PS/DS strap broken

Wheel alignment

Alt Vent Broken

 

I nearly cried on the spot, as the car is worth less than the work needed. Do I have a leg to stand on as the car as obviously unroadworthy when sold and the mechanic (a very nice fella) said he would stand up for that, basically I just want to reject the purchase and get my money back but when i rang the dealer (recorded phone call) he told me I bought it at for good value for its age and it basic wear and tear! Do I hav a leg to stand on, this dealer advertises all cars on his website as 'in good condition throughout'...does the 'soga' cover me?

 

Has anyone had a similar problem?

 

Thanks and I appreciate any help possible.

Link to post
Share on other sites

suggest you ask for your money back, nobody can sell a car that is unroadworthy, unless told it is at the time of purchase.

Cliam under SOGA, mis described and unroadworthy.

Speak to trading standards and/consumer direct.

If he wont play ball take him to court.

Dont get any work done on it.

Link to post
Share on other sites

Hi,

 

I've read through a lot of posts on here regarding used cars but a lot seems to b dependant on make model and issue with car.

 

I bought an 03 Megane 1.4 16v 32 days ago for £1300, which seemed like decent value.

 

Having had problems with the breaks two weeks later i began to grow uneasy but continued on, later thebreaks just shut out completely whilst i wa driving and nearly caused a severe crash. So i took it to a garage an the mechanic nearly collapsed after an inspection and begged me not to drive it home again.

 

He said the car needed £1700 of work...the following needed repaired:

 

3 tyres

2 front springs (pos) shocks

Catalytic Converter

Rear Discs and Pads

PSR Cal

Power Steering Belt (which was actually completely snapped when inspected)

Front discs and Pads

PS/DS strap broken

Wheel alignment

Alt Vent Broken

 

I nearly cried on the spot, as the car is worth less than the work needed. Do I have a leg to stand on as the car as obviously unroadworthy when sold and the mechanic (a very nice fella) said he would stand up for that, basically I just want to reject the purchase and get my money back but when i rang the dealer (recorded phone call) he told me I bought it at for good value for its age and it basic wear and tear! Do I hav a leg to stand on, this dealer advertises all cars on his website as 'in good condition throughout'...does the 'soga' cover me?

 

Has anyone had a similar problem?

 

Thanks and I appreciate any help possible.

 

Not surprised he nearly collapsed on the spot.........probably through laughing if you believe it. No way is this £1700 worth of work though it probably would be through a main dealer.

 

Some of this will be down to you, some of it is not detrimental to the car, some of it is stringing you along by the mechanic.

 

Essentially what the dealer has told you is true but the cars brakes should not have failed in that time. However you do not detail the type of failure which sounds like a normal wear item having worn out.

 

I would not believe the mechanics report on a car of this age and value.

Link to post
Share on other sites

Forget that.........an mot is not worth the paper it is written on even a day after it is issued. Meaningless and a waste of time and money.

 

3 tyres (Your responsibility to check though they should have been legal. They don't have to be anywhere near brand new.)

2 front springs (pos) shocks ( unless springs are broken or excessively corroded, which is difficult to determine) then concurrent with age and mileage of car.Also is a subjective assesment.)

Catalytic Converter ( Not mentioned in OP's original post however testing the cat needs to be done at specific temps and conditions. No mention of warning light either so " so called mechanic" probably does not know what he is doing.)

Rear Discs and Pads ( Most probable cause of brake failure due to worn out pads)

PSR Cal (Don't fully know what this is as not a generally used term in the industry but think it might be related to the below)

Power Steering Belt (which was actually completely snapped when inspected) Very much doubt this.......... as the car would be nigh on impossible to steer.

Front discs and Pads ( again general wear and tear..........what does one expect? Brand new brakes?)

PS/DS strap broken (Gawd knows what this means..........again not a term generally used so could be something as simple as a dodgy earth but does not show either way.

Wheel alignment ( Mechanic trying to scare you)

Alt Vent Broken ( if this aleternator vent then it has little or no effect in the UK)

 

Reallity is that this car has wear and tear concurrent with age, mileage and price paid according to the OP's description.

 

Sure the car can be rejected but the reality is that the faults described are concurrent with age and mileage. This though does not detract from the responsibility of the sellar.

 

First step should be to ask the dealer for a contribution to the brake failure which is probably due to the state of the rear brakes.

 

No doubt the SOGA brigade will be along soon.

 

When you buy a used car one should expect to start replacing items within 3 months. Apart from the rear brake issues I cannot see any right to reject and even that is open to question.

 

No doubt raydetinu will disagree but if you want to join the sue grabbit and run brigade without knowing what you are talking about .........then feel free.

Link to post
Share on other sites

I know these things are subjective, however a MOT report so soon after purchase would give a good indication of its condition and highlight any truly defective points if they put a danger notice on any items!

car being mis represesnted or misdescribed are grounds for rejection on there own!

Link to post
Share on other sites

Why do you always place so much importance on a MOT being an indication of the cars condition? If you want a condition report get it professionally inspected.

 

A MOT may throw up the brake faults - if the tester can see the brakes and if the roller brake test shows some problems.

 

To illustrate what VOSA consider to be the minimum standard, have some brake disc pictures:

 

Disc2.jpg

 

Disc1.jpg

 

They look horrible, from a MOT point of view they are fine and it would be perfectly acceptable for the MOT to fit a new set of pads to those.

Link to post
Share on other sites

Exactly j66. Good post.

 

"car being mis represesnted or misdescribed are grounds for rejection on there own" true but I cannot see it here.

 

Getting a bit tired of people posting threads for issues that are not issues given the age and mileage of used cars. When one buys a used car it means exactly what it says..............used, and the price paid determines the condition or estimated longevity of the parts associated in making the car.

Link to post
Share on other sites

Owner of the company also owns are car garage and has accepted that the car shouldn't have been sold as "in good condition throughout'' when it wasnt in good condition! He has asked me to take the car over to his garage for further inspection and has assured me that he will do all he can to help with cost and repair! Which seems like a step in the right direction...will let you know the outcome and if he keeps his word!

Link to post
Share on other sites

Exactly j66. Good post.

 

"car being mis represesnted or misdescribed are grounds for rejection on there own" true but I cannot see it here.

 

Getting a bit tired of people posting threads for issues that are not issues given the age and mileage of used cars. When one buys a used car it means exactly what it says..............used, and the price paid determines the condition or estimated longevity of the parts associated in making the car.

You are probably right Heliosuk, but the perception that the public has is that a car being sold by a dealer should be "of servicable quality" and not need money being spent on routine service parts in the short term.

I have previously posted that people with limited car knowledge should have the intended purchase thoroughly checked out by a proper motor engineer prior to parting with any money.

Now, SOGA may or may not be any good, but let's assume they were super efficient against "rouge traders". We could Potentially have a situation where traders, to cover themselves, could advertise a car with all its good points then say " for sale as spares or repair and must be transported or towed away----Price £ thousands.

I bet they would still get punters if this type of advert became the norm.

Link to post
Share on other sites

Probably very true Scania however my interpretation of some of what we read and dealing with or having a major input into this sort of thing on a very regular basis from a professional point of view is that the publics perception is that what is descibed as being used by a dealer is interpreted as being new by the public and SOGA seems to reinforce this when it is fundamentally wrong. SOGA does not help here as it is vauge, too easily challenged and defended and for a major outlay of cash. Frankly it needs overhauling substantially.

 

However, this is drifting from the OP's request so we need to take the discussion out of here.

 

Hopefully the OP will get some sort of fair result as will the dealer.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...