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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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Civil Parking Charge


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Ok, who is the company asking you to pay? Probably Parking Eye at Lidl but let us know as different parking co's vary in how sloppy they are with their demands.

What I would do is first of all write to the company and ask to see the contract that allows them to form a contract with you and claim for losses in their own name and then ask for a breakdown of the losses caused by your overstay and ask whether they have planning consent to limit your stay on someone else's property to 1.5 hours.

If they dont answer these questions then they are supposed to provide you with a code that allows you to appeal to POPLA. As your letter to them isnt strictly an appeal it will be interesting to see how they handle it as the content is exactly as you would put the matters to a POPLA appeal anyway.

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You need to appeal as the driver of the vehicle and make sure that they know that all correspondence is to be sent to you. If they fail to do this then they lose the right to claim from the keeper so you should let your company know this as well in case they get further demands. What you sat in your appeal to them doesnt really matter, claim lack of contract due to misleading and inadequate signage. They have to respond to you in a fixed time ad if they reject your appeal have to supply you with a POPLA code so you may appeal to the independent arbitrator. That is where you win using the arguments put forward on most of the threads here..

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  • 2 weeks later...

So, no POPLA code? Then write to the boss of the BPA and copt yo POPLA saying that Athena have refused to send you a POPLA code and are abusing their authority as members of youtr organisation by failing to follow the procedures as prescribed in the PoFA and the BPA codes of practice and you demand that they are instructed to either follow the law or write to you and tell you that the matter is being dropped. as there is a limited time allowed in the PoFA you expect a resolution without delay. Demand to know what the BPA intend to do and ask for a copy of any documents they send to Athena that has you as the subject in this regard or you may consider a Subject Access Request to see it.

Copy letter to athena as well.

Many of these companies are trying to avoid the appeal as they know they will lose by the content of the appeals sent to them. They should grow up and take their medicine.

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