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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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      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.  

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      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.

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Used Car Warranty


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Hi All,

 

Evening all,

 

Back in late October I purchased a 2007 Audi TT with a DSG/automatic gearbox.

 

Recently the car has started to drop into first gear whilst slowing down for corners. The car is still travelling at 15mph ish and would ordinarily be in third gear at these sorts of speed. The car only does this 5% of the time at the very most and many journeys can be completed without the fault occurring but it has begun to get more frequent.

 

The car is going into a local Audi specialist for a full service and diagnostics on Friday. It is suspected that the fault is a faulty mechatronic unit on the gear box (a fairly well know fault). The repair would be in excess of £1000.

 

Could anyone tell me where I stand legally in terms of the garage coughing up on this fault? The car cost circa £13k, and I feel it is reasonable to expect the transmission to last longer than 4 months, particularly as it is an automatic where human error cannot be blamed.

 

The garage are telling me they only supply a 2 months parts and labour warranty. Any advice gladly welcomed.

 

Thanks

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Hi and welcome to CAG.

 

What the garage havn't told you is that under the SOGA (as amended), a fault which develops within the first 6 months of purchase is presumed to be present at the point of sale (ex wear and tear). It is for the seller to prove otherwise. Any warranty is merely an extension of those rights anyway.

 

The seller should have the opportunity to inspect and rectify as necessary. You should write to them formally advising them of the problem and invite them to rectify under the SOGA 1979 (as amended). Give them a time limit of 7 days to respond and send by recorded post.

Edited by Conniff

 

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An initial contact by phone is ok, but you should really do any talking to the seller in writing. You have already had a warning from them that they aren't interested by them saying they only give 2 months warranty.

 

Take Sailor Sams advice and quote 'Sale of Goods Act 1979 (as amended) says during the first six months it can be presumed the fault was there when you bought it'. See what they come back with.

 

Email is as good as a letter.

Edited by Conniff
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Thanks for the reply.

 

Sorry I think I may have explained it incorrectly, I have not contacted them regarding the warranty I just know that is what they gave me when I bought the car. I have not yet approached them about the problem I will be doing this tomorrow once I have had news from the garage it is going for its service.

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You must contact them and don't assume they will help out on work once it has been carried out.

 

They should be the first call made when a problem occurs, if they have their own workshop they will probably be able to do the repair job a lot cheaper.

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The car is not going in to have the repair done tomorrow. It is going in for a service and they are going to see if they know what the problem is, not fix it! We will be contacting the garage we bought it from first thing tomorrow via email.

 

Thanks

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