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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 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
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I entered in a street where the above restrictions were in force. I was not aware and I did not read the sign. However when I entered the street I saw a car parked on a yellow line on a Sunday, which made me to believe that parking may be allowed. I stopped and put my wares in the boot for safety. Before I decided to park there my wife and i discussed to check if we were really allowed to park. Then I saw a sign and read it through and decided I am not allowed to park. We got into the car and moved from there.

I requested to see the Video footage. The footage starts at 59.14 minutes and stops at 1.51 minutes as soon as I got into the car. The video was cut off. It did not cover my leaving at the time possibly deliberately. I believe that the contravention did not occur as I did not load or unload anything. The video confirms I did ot move away from the car. Additionaly the whole waiting was under three minutes which I beleive is allowed on a yellow line. I did not park deliberately as I had not seen the sign. I only became aware when I came out of the car and read the sign. I wish to appeal. What are my chances. Can you please help. Incidentally the PCN does not mention contravention Code or the exact place. It mentions Station Road Ilford.

Edited by Prakash Kothari
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As a driver, you are expected to know what a yellow line means, and if they have footage of you getting out the car and putting things in the boot, then it's hard to argue you weren't in contravention by stopping there.

 

Can you tell us what stage the PCN is at? What was the last thing you received, and what have you sent in so far?

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Thank you for your advice.

 

I have just seen he footage of the video at the Council Offices today. I have 10 days to appeal or pay the reduced fine of £55.

 

I agree with your reasoning. However I have contested PCN in the past on the contents which I mentioned on my mail and I succeeded. I am not sure if this is applicable in this case. Please advise

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There's nothing in your original post which would mean the council would have to cancel it. The only thing you can hope is that if you explain what happened, they might allow your appeal and give you a discretionary cancel, which is probably what happened last time.

 

I presume if you appeal, the charge won't increase? If not, then I would appeal - but if the charge will go up, then I would not.

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