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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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PE Drop Court Case: Paperwork "Irregularities"


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PE Drop Court Case: Paperwork "Irregularities"

ParkingEye had issued a court claim against a Ms Byrne (claim no. 3JD04522), and one of the helpers from Pepipoo assisted the OP with her defence.

 

PE were requested to provide evidence of landowner’s authority to levy parking charges and pursue non-payers to court, and they produced a Witness Statement signed by the managing agents, Colliers International.

 

We had seen various other copies of this same witness statement relating to other cases, and it seemed odd that the signature on each one was absolutely identical – if you laid one piece of paper on top of another, the signatures matched perfectly. However, the dates all seemed to be in different handwriting.

 

This led to the conclusion that Colliers had simply signed a blank form, and that PE had photocopied a stack of these, filling in the details to suit each case.

 

The OP contacted Colliers directly and confronted them with the evidence, and their representative said that they would have to speak to PE’s legal department as these were “serious allegations”.

 

A few days later, the OP received notification that the claim was now discontinued. Unsurprisingly perhaps, as one imagines that neither PE nor Colliers would want this apparently dubious practice publicly aired in a Court of Law.

 

http://forums.moneysavingexpert.com/showthread.php?t=4812058

 

 

Parking Eye caught out using post-dated witness statements

 

The Prankster has been made aware that ParkingEye's system for submitting landowner witness statements as evidence in court cases and POPLA cases is not robust. There appears to be failures in quality control by ParkingEye in the management of these witness statements.

 

In a recent case it was found that the witness statements were pre-signed by one person, and the dates added at a later time by a different person.

http://parking-prankster.blogspot.co.uk/

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