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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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Here's my letter fighting a PCN!!


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Hi all,

 

Please see a letter I sent in May this year to a company where I parked my car in a supermarket car park which has a 3 hour time limit, and I went over that!

This letter may be useful though if you had parked anywhere else!!

By the way, my ticket was cancelled within 2 days!!

 

To Whom It May Concern:

Ref: 92743

I am writing with regards to the above parking ticket, which was placed on my vehicle on 04th May 2006.

I wish to formally make an appeal against this ticket on the grounds set out below.

The PCN issued contains the date of alleged parking infringement – however, it does not state the date of issue. This is not in accordance with Section 66 of The Road Traffic Act 1991. Therefore, this ticket is invalid. Should there be any doubt in this matter, I refer you to a ruling made by PTAS in February 2006, which must be followed by way of Statutory Interpretation.

The vehicle was also parked in Waitrose due to it overheating on my way to work in Northolt Road. I could not move the vehicle until it had sufficient time to cool down and water could be placed into the engine safely.

The Department for Transport guidance circular says ‘..when carrying out prescribed functions, and issuing a PCN in one such, [parking attendants] are subject to the Parking Attendants (Wearing of Uniforms) (London) regulations 1993’. In these guidelines, it states that parking attendants should be wearing headgear during enforcement activity. On the day in question, when returning to my vehicle, I noted that the attendant was not wearing the [headgear] in question.

May I also point out that your ticket does not clearly state how to appeal against the issue of the notice, which again may well be illegal.

On the basis of the above points, it is clear that this ticket is invalid and cannot be legally enforced. Should any further action be commenced against myself with regards to this ticket, I will have no further hesitate but to refer this matter into the hands of either PTAS or a Civil Court.

I would be grateful if you would confirm receipt of this letter within 7 days, and request that should you disagree, you must inform me in writing no less that 14 days before commencing any action relating to the alleged offence.

I look forward to hearing from you.

  • Haha 1

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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