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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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Apnr-ltd photo'd me in the car


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We came back to our car in a shopping centre car park to find a guy taking photos of the car> I thought someone had damaged my car but realised he was a APNR employee (jacket logo). He put a ticket on the car and then photograghed it with us both sitting inside before we drove off.

The ticket wording says they have been "contracted by the proprietor...." causing them to be in breach of contract..... The fine is £100 or £50 if I pay within 14 days.

My concern is can I be found "guilty" if taken to court, as I was photo'd sitting at the wheel with the notice on the windscreen?

 

What to do - I still have 7 days left but I'm going on holiday for 2 weeks this Friday. That's why we were in the shopping car park; to pay for the holiday!!

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So what were you supposed to have done which contravened any parking restrictions?

 

It matters not anyway because this is a private parking invoice, not an enforceable parking ticket, so you needn't pay it.

 

You can either ignore it, or use their 'appeals' process on the basis of whichever condition of parking you did not break, and WHEN they reject it, for they surely will, they must give you a POPLA code to appeal to the independant arbitrator, which you would then use to argue that the amount that ANPR are trying to charge you does not represent a genuine pre-estimate of any loss that was incurred.

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What to do - I still have 7 days left but I'm going on holiday for 2 weeks this Friday. That's why we were in the shopping car park; to pay for the holiday!!

If you are the reg keeper, you go on holiday and don't worry about it...

After 28 days of the windscreen ticket, but before 56 days, you should receive a notice to keeper. Come back here then, but you have plenty of time to read up on the parking 'industry'.

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Thanks,

The contravention was over-staying the 1 hour by 17 minutes! Our fault as we shopped longer than planned. The "ticket" does state the over-staying period but considering the charge rates then £100 is a bit steep. I should have paid for another hour I guess.

 

Should I still ignore it?

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Definitly ignore it. It's nothing more than a speculative invoice. It has fine written on it then contact the BPA and report them. This is not a fine and they are not allowed to tell you it's a fine or a penalty on private property. Firstly do they have written authority from the land owner to invoice you or is their contract just to provide parking services which I would guess would be the case. As others have stated £100 is not a fair reflection and they have no hope. It depends if you want the fun of playing with them or not. If not just ignore them.

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Definitly ignore it. It's nothing more than a speculative invoice. It has fine written on it then contact the BPA and report them. This is not a fine and they are not allowed to tell you it's a fine or a penalty on private property. Firstly do they have written authority from the land owner to invoice you or is their contract just to provide parking services which I would guess would be the case. As others have stated £100 is not a fair reflection and they have no hope. It depends if you want the fun of playing with them or not. If not just ignore them.

 

No don't ignore it , appeal to popla! . Wait until you get the letter in post as suggested. Do your appeal to anpr then popla.

 

Why risk a court claim for up to six years when you can effectively see if if and cost them money

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Whilst you are waiting for the parking co to do their thing write to the store head office and tell them that it is ridiculous to expect people to find somewhere to park, shop and return within an hour and that you feel you are being penalised for being a good customer. Thyen ask them for a copy of the agreement that allows the parking company to pursue you in their own name by the application of a contracvt you had no intention of entering into just by spending money at their store. Tell them that you felt threatened by the action of the ANPR employee standing in front of your car and photographing you and the other occupants and preventing you from leaving the site for good measure Ask them for what purpose is the photograph to be used and did the store give express permission to ANPR to prevent you from going about your lawful business and is the supermarket registered under the DPA to photograph its customers in this manner and for what purpose is this very sensitive personal data intended to be used for as you did not and do not give your permission for a photograph of you inside your private property to be used at all. Tell them that you expect them to instruct ANPR to destroy the images collected in this manner as they are intrusive, not relevant and not being processed fairly as required by law.

When ANPR contact you in a couple of weeks time you can ask them the same questions about their unfair and unlawful data processing.

As for legality of tickets they are nothing to do with criminal law so you cannot be found guilty of anything and there is a long way to go down the appeals route before your options are exhausted.

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"The ticket wording says they have been "contracted by the proprietor...." causing them to be in breach of contract....."

Utter piffle from them, and proven to be false in other cases.

Demonstrably piffle - just 'do the math' as our American cousins say.

Contact the landholder, get written evidence that the claim is false then report the PPC to all and sundry. Personally I would sue them but that is not a suggestion that you should.

The owners of this company hide themselves. Why they do that seems obvious !

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"The ticket wording says they have been "contracted by the proprietor...." causing them to be in breach of contract....."

Utter piffle from them, and proven to be false in other cases.

Demonstrably piffle - just 'do the math' as our American cousins say.

Contact the landholder, get written evidence that the claim is false then report the PPC to all and sundry. Personally I would sue them but that is not a suggestion that you should.

The owners of this company hide themselves. Why they do that seems obvious !

 

Thanks. Not sure why the landlord will agree that the claim is false? What can he say to support a false claim if he is contracting APNR to effectively "fine" everyone; isn't he complicit in all of this. The pay station is how the landlord gets his money from us?

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You do not ask his opinion about the claim ! That is all it would be, his opinion.

You seek the evidence to prove that it is false. Does the landowner get paid £100 per 'errant vehicle' ?

Establish the facts then apply the law.

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