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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
      • 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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Parking Eye & Debt Recovery Plus Ltd


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  • 5 months later...
Hi,did anything come from the county courts? We have just received a Notice of intended court action from DRP. Should we fill in one of the POPLA forms or see if we get another letter from Parking Eye?

Let me guess. This letter starts...

 

Dear xxx

 

Notice of intended court action - unpaid parking charge £149.99

We refer to our letter dated xx/xx/xxxx, and note that we have not yet received payment of the amount shown above.

 

To prevent this case being passed to the creditor's solicitor to commence court proceedings, etc etc etc waffle waffle waffle

 

If I'm right, you're due another letter from DR+ yet making you a "reduced payment offer" of £120.

 

 

It's just the standard threat-o-grammes at the moment.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Ok thanks. So do we keep ignoring them at the moment?

 

If it's got to this stage you're well past your window of opportunity for POPLA, so I'm afraid it's a case of having to. PE might give up (stranger things have happened) on the grounds that you might not be such an easy target. Although PE also have a habit of issuing county court proceedings, but even then all is not lost if you submit a good defence statement.

 

Might be a good idea to start your own new thread, CLICK HERE so that we can target advice, options and thoughts directly for your particular case.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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  • 2 weeks later...

Well here we go again, over 12 months since the alleged offence....

 

It all went quiet for about 6 months then back in July I received another demand for payment letter from DRP which I ignored again. Then today I received a "reduced payment offer to avoid court proceedings £108" (was £135).

 

I'm not sure why they have resurrected this after all this time, perhaps now they will refer my case to creditor with the recommendation that they appoint their solicitor to commence court proceedings against me!

 

I have until the 17/09/2014 to hand over the dosh!

 

It says if it goes to court and I lose I will have to pay the fine, £135 + court fee £25 + solicitors costs £50

 

So even if it goes to court the max bill will be £210 so I might as well just see what happens and defend myself if it gets to that point.

 

Where will the hearing be? Can I request to have it at my local court?

 

What are my options? Any advice chaps?

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Well here we go again, over 12 months since the alleged offence....

 

It all went quiet for about 6 months then back in July I received another demand for payment letter from DRP which I ignored again. Then today I received a "reduced payment offer to avoid court proceedings £108" (was £135).

 

I'm not sure why they have resurrected this after all this time, perhaps now they will refer my case to creditor with the recommendation that they appoint their solicitor to commence court proceedings against me!

 

I have until the 17/09/2014 to hand over the dosh!

 

It says if it goes to court and I lose I will have to pay the fine, £135 + court fee £25 + solicitors costs £50

 

So even if it goes to court the max bill will be £210 so I might as well just see what happens and defend myself if it gets to that point.

 

Where will the hearing be? Can I request to have it at my local court?

 

What are my options? Any advice chaps?

 

You have had no contact so far, and all you get is toothless DR+ letters...

 

You may get a zenith one next with another reduction of the charge.

 

If you get something from PE that resembles a LBA, then that can be responded to.

 

You can then name the driver, who is not the reg keeper , and they will get issued a parking charge notice which can be appealed and cancelled at POPLA.

 

For now, do nothing.

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Thanks, I'll let you know what happens.

 

The driver.... :oops:

 

Well I wouldn't have said that... :rolleyes:

 

Let's see what comes in the post next.

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  • 4 weeks later...

just got my final "letter before referral for legal action" for a parking 'offense' over Christmas 2013. Ignored so many in past from PE and this parking area in Aberystwyth is notorious for congestion on the way out (I have sat for 1 hour waiting to get out).

 

This recent invoice is strange as we do not recall receiving an original PE letter, or previous letters from DRP (well 1 prior to this with reduced offer). As though they went straight to DRP.

 

I am considering writing standard letter available to DRP to say leave me alone, but wondering whether to write to PE and local retailers to explain I will be boycotting stores (of which I do apart from Lidl as I boycott Morrison's for ripping me off in store 7 times, but that's another story!). Should I write to PE to appeal along th elines mentioned in earlier posts...

 

MrBingley - keep us informed!

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sorry - the letter:

 

 

 

 

 

reference: XXX Dear Daniel [ letter was personalised and stated that "I am writing to you personally because I was instructed...."]

 

 

I received your letter dated 29.09.2014 asking for payment to settle with Parking Eye for the sum of £135.00.

 

No previous communications from your client, Parking Eye have been received, and your letter is the first I have been made aware of it. Please add failure to be delivered by Royal Mail to your list of reasons for my failure to respond to any letters.

 

The debt is denied and I will not make any payment. Please refer the matter back to your client.

 

Please do not contact me again. Any further correspondence from you will be considered harassment and will be reported to the appropriate authority.

 

 

Yours faithfully,

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Dont write anything to them. let them be stupid enough to take you to court if they want, where you can simply use GPEOL and a few other things and laugh hard at them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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sorry - the letter:

 

 

 

 

 

reference: XXX Dear Daniel [ letter was personalised and stated that "I am writing to you personally because I was instructed...."]

 

 

I received your letter dated 29.09.2014 asking for payment to settle with Parking Eye for the sum of £135.00.

 

No previous communications from your client, Parking Eye have been received, and your letter is the first I have been made aware of it. Please add failure to be delivered by Royal Mail to your list of reasons for my failure to respond to any letters.

 

The debt is denied and I will not make any payment. Please refer the matter back to your client.

 

Please do not contact me again. Any further correspondence from you will be considered harassment and will be reported to the appropriate authority.

 

 

Yours faithfully,

 

 

I should add that in Wales, if a business chooses to operate in Wales they have a duty to offer communications bilingually and show equal status of Welsh and English as an official language of the UK. All DRP letters and PE breach this specific duty as a business and therefore, you are entitled to ask for communications to be received in Welsh where reasonable (an official invoice being one such situation). I could always ask them to send it all in Welsh just to really **** them off?

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I should add that in Wales, if a business chooses to operate in Wales they have a duty to offer communications bilingually and show equal status of Welsh and English as an official language of the UK. All DRP letters and PE breach this specific duty as a business and therefore, you are entitled to ask for communications to be received in Welsh where reasonable (an official invoice being one such situation). I could always ask them to send it all in Welsh just to really **** them off?

 

Do it! In fact, write to them in Welsh requesting this. That should really throw a spanner into the works. lol.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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There are guidelines for public services to offer communications in both languages. Not for a private company.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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There are guidelines for public services to offer communications in both languages. Not for a private company.

bugger - i just re-checked Welsh Commissioner's guidelines and they're powerless over private companies. there goes that plan... will just revert back to ignore!

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Yep. They cant do anything, and if they tried court, theyd be out a lot of money for fee's as you can use a simple GPEOL defence and win. They know this, and issue claims like confetti. If they issue 100 claims, then in all likelihood 60& maybe more will get a default judgement or the person will end up paying through lack of knowledge. Of course, they issue more, and many more people pay up without challenging it, but you can see what i mean, by they dont care if they lose in court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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