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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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Penalty Fare - Notification of alleged Fare Evasion


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As said by RPI the only real option you have is to pay up or go to court, Not sure of the exact costs but it will be a lot more expensive at court.

 

Doesn't sound like my company (ex-company) as I know that our RPO's don't start work before 7am unless on particular jobs, it would seem too that you have misunderstood what the RPO has said, if he has taken a part payment of the penalty fare then it is down to you to pay the rest within the allotted time, and where he has said deal with the rest on appeal, this would mean pay up and send your appeal at the same time, not appeal the difference.

 

In relation to what are your chances of it being chucked out of court . . . probably none. Regardless of whether you meant to or not, you only covered yourself up to boundary zone 6 and not all the way to Gatwick, therefore you are liable for the penalty fare. Whatever reasons/excuses you can give it will still come down to the fact you were in an area without a valid ticket for that station, there can be the argument that you didnt intend to fare evade etc but you were still there without a ticket that covered you for the journey, you will have admitted and signed for this too on your penalty fare slip.

 

I'll look around for a post that has the rough estimates of possible court costs/fine and link it in after this but in all honesty I would pay up what you can now and avoid court.

 

Here is a link to a guide to railway law created by Firstclassx who has tonnes of experience and as you will see is a very seasoned member on here http://www.consumeractiongroup.co.uk/forum/showthread.php?364265-The-First-Class-Guide-to-Railway-Law

 

And also a section I found in another post relating to prosecution under section 5.3 . . .

 

"The Law

 

Various legislation exists to combat fare evasion.

 

For deliberate fare evasion, such as the actions which you describe, it is often appropriate to use Section 5 of the Regulation of Railways Act 1889. In your case, the offence would be Section 5(3a).

 

A conviction will earn you a full criminal record, (which could cause problems with visas), a fine of up to £1000, (usually £400-£500), and costs of around £100-£150."

 

So as I said before, best bet is to pay up now while its still not too expensive

Edited by markl1987
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