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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Stopped with no PSV on work van

chris2009

By chris2009
in General Motoring Issues

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chris2009

chris2009

Posted
Posted

Hi All

 

I was stopped at a routine checkpoint about 2 months ago with the work van which had failed its psv 2 days previous and was awaiting retest.

 

The police man at the time said it was just a £60. fine and that would be the end of it, he gave me no fix penalty at the road side but he removed my psv disc and said I would receive the fine in the post .

 

I couldn't believe my eyes today when the post man brought a court summons for the offence.

 

Is there anything I can do?

 

Thanks

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filrobbo

filrobbo

Posted
Posted (edited)

Well how can it be a psv a psv has to have more then eight seats and be used for,

carry paying passengers, PassengerServices Vehicle or a PCV Passenger Carrying Vehicle .

Edited by filrobbo
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sailor sam

sailor sam

Posted
Posted

As above. Something ain't right here. Also, its' unusual for the police to 'predict' the out come in court apart from indicating the worse case scenario. In any event, I would of thought the offence would only be 'complete' had the OP been carrying passengers and he didn't hold the necessary entitlement to drive a PCV on his licence.

 

Are we really getting the full story here?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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chris2009

chris2009

Posted
  • Author
Posted

Hi Sam

 

The vehicle is a private light goods vehicle a transit 350 and in northern Ireland is issued a PSV and has no seats in the rear.

 

There is nothing else to the story only I was stopped by the police at a check point where the police man said I would receive a £60 fine in the post but instead I received a court summons.

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sailor sam

sailor sam

Posted
Posted

Easy defence then I would of thought. There is nothing in the PSV regs (Northern Ireland) 1985 to say that a transit 350 automatically is issued with a PSV. Furthermore, the regs apply to vehicles adapted to carry more than 8 passengers. If your vehicle had no seats in the rear, then I would say it was exempt from the regs.

 

One question though, why would you want to "re-test" it for a PSV if it has no seats?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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chris2009

chris2009

Posted
  • Author
Posted

I have checked this out and you are both completely right and I'm completely wrong.

 

My father has always told me the vans had a psv but this is incorrect the vehicles have a goods vehicle license.

 

Is it normal for a police officer to issue a summons for this even though he said there would be no summons or points and we would just receive a £60 fine?

 

Thanks

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crem

crem

Posted
Posted

But at the time I thought if the vehicle was booked in for an mot it was ok to drive, but I know different now.

 

Only if it is being driven directly to or from that booked MOT

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mal7197

mal7197

Posted
Posted

Hi,

 

Police Officer's are unable ti issue a fpn for no MOT so hence the summons. I think he may have been trying to pacify you over the size of fine but as this case now shows he should not have said anything. I would write to Police HQ concerning this as there is time to withdraw the summons or offer no evidence at court on the day.

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