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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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Fine for a U-turn which was not a U-turn


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Last week I turned right in to a drive way to pick people up in my car and then reversed back out onto the road to continue my journey. I have received a fine from London Borough of Hammersmith and Fulham. I argued that I did not perform a U-turn but turned into a private driveway to let 2 people out of the car and then reversed onto the road to go back. They have rejected my request saying that "my intention was to perform a u-turn" even though I did not actually do one. I will attach the letter from them if needed. Thank you for your help.

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Apart from the inconsistency spotted by Michael Browne - which you need to resolve, I can't see that "intention" to commit an offence can form the basis of an offence.

I suggest that you get chapter and verse of the regulation which they say you have breached.

Also you should obtain signed statements from the two people who you either picked up or dropped off. It would also help you to be able to show that you have some connection with the address into which you turned.

 

It seems to me that a U-turn is eactly that. If you left the highway by turning right into a private driveway and then if you reversed out of the driveway and continued your journey in the opposite direction - then that has to be two separate manoeuvres. I would have thought that a u-turn would be a single maneouvre and that it would take place completely on the public highway - even (perish the thought) if what you really did was decide to pull a fast one by turning into the opposite direction by using someone's private driveway in order to try and circumvent the rules - which of course is not what happened at all.

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Thanks for all your comments. I stopped in the driveway to collect 2 people. I only stopped for about a minute. I have asked to see the video. The annoying thing is that they agreed that I did not performed a uturn but that I had the intention of doing it. Is there a specific definition of a uturn? Thanks

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The annoying thing is that they agreed that I did not performed a u turn

Can you post the exact wording. The contravention is 'Failing to comply with a sign indicating a prohibited turn' which you say they agree you didn't do

 

but that I had the intention of doing it.

a) It's not for the council to surmise what your intention was

b) Intention is not a contravention

 

 

Is there a specific definition of a uturn? Thanks

Here:

http://keycases.parkingandtrafficappeals.gov.uk/

 

Scroll down the drop-down menu to 'U turn', essentially one continuous forward motion

 

Wait for the NTO and appeal on the grounds that the contravention did not occur

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This seems like a nonsense accusation! Lets assume you live at the house and arrive home from work at 6pm turning right into your drive. You then leave for work at 7am the next morning heading in the opposite direction of course to go back to work. It seems, by the councils definition of a U turn, this house owner commits an offence every morning!!

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