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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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Issued wrong Visitors Parking permits but received a PCN!


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Hi all,

 

I wonder if anyone can help me?

 

I was issued some visitor parking tickets by Newham council and which were Zone U and should have been Zone S- I was sent the wrong ones. I put one of these on my girlfriend's car when she came to visit me and she got a PCN, because the tickets were for the wrong Zone. I do not drive and it was the first time I was using one of these, so I expected the tickets to be correct as I gave the council my correct address Stratford that I needed the tickets for.

 

Disgusted, I took all the remaining tickets to the local council office and they swapped these for the correct ones and also put in writng on the accompanying form that I had been issued the wrong tickets. I also explained about the PCN we had received and they reassured me that it was their fault and because of my appeal (which I had sent the very next day of the incident) I wouldn't have to pay.

 

Lo and behold the council officer I saw informed me that it was not the ticket issuing officer at fault but the council had the Stratford area down as Zone U instead of Zone S! So when the issuing officer looked on the system to issue my tickets she issued them as Zone U and I and my girlfriend being novices at this didnt realise they were incorrect as I now know the hole punch next to the letter designates the zone they are valid for.

 

Two days ago I received a letter from Newham council saying I would have to pay the penalty charge. Surely this is not right. The local council office were adamant I would not be charged.

 

Do I have a case? Should I appeal again?

 

Any help in this matter would be great!

Edited by roytheboy
needed extra words
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Two days ago I received a letter from Newham council saying I would have to pay the penalty charge.

 

Is this a letter rejecting your appeal or a Notice to Owner?

 

they swapped these for the correct ones and also put in writng on the accompanying form that I had been issued the wrong tickets.

 

Do you have a copy of this or do you still have the visitor permit you used (this will have a number on it that Newham can trace back to your original request for permits)

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Hi Thanks for the reply.

 

Its a letter rejecting my appeal.

 

Yes, I have copies of all. Visitor Permit, letters, etc. The local officer did say that they could track my request. I'm just miffed because she said they would see this and all would be ok!

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You can try sending in another appeal (with copies of permit etc), but most councils will ignore second informal appeals.

 

Otherwise you will have to wait for the NTO and make a formal appeal. But knowing Newham, they will reject that too and you will have to appeal to the adjudicator

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Hi Michael,

 

Thanks for the advice. I am going to the local council office again to see if they have anything to offer which they probrably wont. Like you said there is no point in making another informal appeal.

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