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    • Morning, I purchased a car from Big Motoring World on 10th December 2023 for £14899.00. On the 15th December I had a problem with the auto start stop function of the car in which the car would stop in the middle of the road with a stop start error message. I called the big assist and the car was booked in for February. The BMW was with them for a week and it came back with the auto stop start feature all fine and all error codes cleared on the report from big motoring world. within 5 days I had the same issue. Warning light coming on and the car stopping. I called big assist again and the car was again booked in for an other repair in May. Car was taken back in may, they had the car for a week and returned with the report saying no issue with the auto stop start feature and blamed my driving. Within 5 days of having the car back it broke down again. This time undrivable. I had the rac pick my car up and take to Stephen James BMW for a full diagnostic. The diagnostic came back with the car needing a new fuel system as magnetic swarf was found.  I have sent big motoring world a letter stating all the issues and that under the consumer rights act 2015 I have asked for a replacement vehicle. all reports from Stephen James BMW have been sent over to big motoring world. Big motoring world have come back and said they will respond to my complaint within 14 days for the date of my complaint letter. I am not feeling confident on the response from them, what are my next steps?   Thanks in advance. 
    • That is really good is that a mistake last off "driver doesn't have a licence" I assume that should be keeper? The Court requested me to send the Court and applicant proof of my sons disability from their GP this clearly shows he has Severe Mental Impairement, he is also illiterate.  I naively assumed once the applicant received this that they would drop the claim.  It offends me that Bank has asked the Judge to throw the case out at the preliminary hearing and to make us pay up.
    • Hi, we are looking to get some opinions on weather or not to bother fighting this PCN. This comes from a very big retail park parking where there are restaurants, hotel, amongst other businesses. The parking is free but I suppose there must be a time limit on it that I am not aware of. We were in the area for around 4 hours. Makes us wonder how they deal with people staying in the hotel as the ANPR is on what appears to be a publicly maintained street (where london buses run) which leads to the different parking areas including the hotel.  1 Date of the infringement 26/05/2024 2 Date on the NTK  31/05/2024 3 Date received 07/06/2024 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  YES 5 Is there any photographic evidence of the event? Entry and exit photos however, based on the photographs we are almost sure the photos are taken on public street. This is the location I believe photos are taken from.  https://maps.app.goo.gl/eii8zSmFFhVZDRpbA 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? UKPA. UK Parking Administration LTD 8. Where exactly [carpark name and town] The Colonnades, Croydon, CR0 4RQ For either option, does it say which appeals body they operate under. British Parking Association (BPA) Thanks in advance for any assistance.  UKPA PCN The Collonades-redacted.pdf
    • Thank you for posting their WS. If we start with the actual WS made by the director one would have doubts that they had even read PoFA let alone understood it. Point 10  we only have the word of the director that the contract has been extended. I should have had the corroboration of the Client. Point 12 The Judge HHJ Simkiss was not the usual Judge on motoring cases and his decisions on the necessity of contracts did not align with PoFA. In Schedule 4 [1[ it is quite clearly spelt out- “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a)the owner or occupier of the land; or (b authorised, under or  by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land; And the laughable piece of paper from the land owners cannot be described as a contract. I respectfully ask that the case be dismissed as there is no contract. WE do not even know what the parking regulations are which is really basic. It is respectfully asked that without a valid contract the case cannot continue. One would imagine that were there a valid contract it would have been produced.  So the contract that Bank has with the motorist must come from the landowner. Bank on their own cannot impose their own contract. How could a director of a parking company sign a Statement of Truth which included Point 11. Point 14. There is no offer of a contract at the entrance to the car park. Doubtful if it is even an offer to treat. The entrance sign sign does not comply with the IPC Code of Conduct nor is there any indication that ANPR cameras are in force. A major fault and breach of GDPR. Despite the lack of being offered a contract at the entrance [and how anyone could see what was offered by way of a contract in the car park is impossible owing to none of the signs in the WS being at all legible] payment was made for the car to park. A young person in the car made the payment. But before they did that, they helped an elderly lady to make her payment as she was having difficulty. After arranging payment for the lady the young lad made his payment right behind. Unfortunately he entered the old lady's number again rather than paying .for the car he was in. This can be confirmed by looking at the Allow List print out on page 25. The defendant's car arrived at 12.49 and at 12.51 and 12.52  there are two payments for the same vrm. This was also remarked on by the IPC adjudicator when the PCN was appealed.  So it is quite disgraceful that Bank have continued to pursue the Defendant knowing that it was a question of  entering the wrong vrm.  Point 21 The Defendant is not obliged to name the driver, they are only invited to do so under S9[2][e]. Also it is unreasonable to assume that the keeper is the driver. The Courts do not do that for good reason. The keeper in this case does not have a driving licence. Point 22. The Defendant DID make a further appeal which though it was also turned down their reply was very telling and should have led to the charge being dropped were the company not greedy and willing to pursue the Defendant regardless of the evidence they had in their own hands. Point 23 [111] it's a bit rich asking the Defendant to act justly and at proportionate cost while acting completely unjustly themselves and then adding an unlawful 70% on to the invoice. This  is despite PoFA S4[5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9[2][d].  Point 23 [1v] the Director can deny all he wants but the PCN does not comply with PoFA. S9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN only quotes the ANPR arrival and departure times which obviously includes a fair amount of driving between the two cameras. Plus the driver and passengers are a mixture of disabled and aged persons who require more time than just a young fit single driver to exit the car and later re enter. So the ANPR times cannot be the same as the required parking period as stipulated in the ACT. Moreover in S9[2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; You will note that in the PCN the words in parentheses are not included but at the start of Section 9 the word "must" is included. As there are two faults in the PCN it follows that Bank cannot pursue the keeper . And as the driver does not have a driving licence their case must fail on that alone. And that is not even taking into consideration that the payment was made. Point 23 [v] your company is wrong a payment was made. very difficult to prove a cash payment two weeks later when the PCN arrives. However the evidence was in your print out for anyone to see had they actually done due diligence prior to writing to the DVLA. Indeed as the Defendant had paid there was no reasonable cause to have applied for the keeper details. Point 24 the Defendant did not breach the contract. The PCN claimed the Defendant failed to make a payment when they had made a payment.   I haven't finished yet but that is something to start with
    • You don't appeal to anyone. You haven't' received a demand from a statutory body like the council, the police or the courts. It's just a dodgy cowboy company trying it on. You simply don't pay.  In the vast majority of these cases the company deforest the Amazon with threats about how they are going to divert a drone from Ukraine and make it land on your home - but in the end they do nothing.
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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.

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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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Does anyone know how media might affect an ongoing case with RLP?

 

I shoplifted in Primark.

 

I'm not proud by any stretch.

 

I'm not justifying my actions but I was with my sister who has mental health issues

and I wanted to give her things that at that very moment I couldn't afford.

 

It was weak and I am ashamed.

 

They stopped me at the door asking me to come with them.

 

I demanded to know what for and protested, I was with my sister and I didn't want her to see these things.

I turned to walk away when they grabbed me from behind pulling me to the floor.

 

Two men grabbed me ( a woman) and marched me to the back room.

One of them said 'cause a fuss and I will put you in hospital'.

 

In the back room I came clean immediately.

They were aggressive and physically threatening.

One woman went thru my bag which had my gym kit in it

and said I was disgusting as she picked up my gym joggers.

All I wanted was to get out and I did eventually.

 

I am going to receive a letter from RLP soon which I probably will fight.

 

I am however a journalist from a national newspaper.

Caring for my family has left me a bit strapped for cash

but I shouldn't have done what I did.

 

Nevertheless I felt their treatment was disgraceful over a matter of £7 accessories.

Heavy handed security people are rife at the moment,

destroying london's nightlife and stores, prejudicial and aggressive.

 

I want to expose this but I'm not sure of the legality of physically touching people.

 

I'm also not sure if it could affect the size of my fine with RLP and my credit rating.

 

Could anyone offer some advice?

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I've started a new thread for you.

 

RLP cannot issue fines; what they might send you is just a speculative invoice. You won't need to fight it, just ignore them, after sending our one-line letter. Neither can they affect your credit rating. RLP's claims have no basis in law, especially if the goods were recovered. We don't condone shoplifting, but neither do we judge, and we believe that the only people who should be dealing with it is statutory agencies such as the police, CPS and courts. There's no place for parasites like RLP who pretend to have a crime deterrence role but are actually only interested in money.

 

I read an article in the Telegraph recently about a female journalist being humiliated by security in London. It would be great to see Primark's contracted heavies and RLP's activities exposed in the national media.

 

However, all this may be premature, as you haven't yet heard from RLP. Have a good read around this forum - there are lots of Primark cases - and ask any questions you want.

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If you get any letters from Mrs Lambert, simply send her one back that says , " All liability to you is denied. No further correspondance will be entered into.". Dont send anything more, and ignore the increasingly laughable letters she will send out.

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

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RLP Cannot fine you anything.

 

totally ignore them

 

Can I suggest you demand a copy of the CCTV

 

and then publish stills?

 

then you'd have something to go with.

 

be aware mind

 

there are some underhand buddies in the national press

that are 'in' with these large companies

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi and welcome to CAG

 

Few questions.

 

Was your sister forced to accompany you

 

Were here details taken as well

 

How old is your sister if the answer to the above is yes.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I turned to walk away when they grabbed me from behind pulling me to the floor.

 

That would be assault.

 

Two men grabbed me ( a woman) and marched me to the back room.

 

A second count of assault.

 

One of them said 'cause a fuss and I will put you in hospital'.

 

Verbal threats of violence - Certainly an offence there...

 

They were aggressive and physically threatening.

One woman went thru my bag which had my gym kit in it

 

Unlawful search....

 

I'm also not sure if it could affect the size of my fine with RLP and my credit rating.

 

As others have already stated, RLP's demands are not fines. There is nothing they can do that would affect your credit rating or employment.

 

To grab someone by the arm/shoulder or any other part of the body without consent is, at a minimum, common assault. You could make a formal complaint to the police and see if they would charge the individuals involved.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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Also remember, we are only hearing one side of the story here from the party that took the items and got caught. Im not saying the guards didnt do what they are accused of, but lets not go claiming assault etc until we know the full facts.

 

To grab someone by the arm/shoulder or any other part of the body without consent is, at a minimum, common assault.

 

Nope. They are allowed to hold/restrain you under certain conditions. Otherwise shop lifters could simply walk off without being chased or apprehended.

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

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On private property you may use "necessary" force to detain a person or prevent a crime from being committed. This can be different to "reasonable" force as it is based on what the individual believes is going to happen rather than one what an average sane person may believe.

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I read an article in the Telegraph recently about a female journalist being humiliated by security in London. It would be great to see Primark's contracted heavies and RLP's activities exposed in the national media.

 

Would you be able to send me the link? I've been looking for it far and wide and not had any luck...

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RLP Cannot fine you anything.

 

totally ignore them

 

Can I suggest you demand a copy of the CCTV

 

and then publish stills?

 

then you'd have something to go with.

 

be aware mind

 

there are some underhand buddies in the national press

that are 'in' with these large companies

 

Oh tell me about it! Far more journalists in bed with big business than I like to think about. Apologies on behalf of my profession! Is there a risk of them retrospectively charging me with a crime if I ask for the footage do you know?

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Hi all - thank you very much for all your assistance! It sounds like proving necessary force will be a slippery slope and a battle I won't win. I must say, I covered the riots and the protests over the cuts and I haven't come across such relish for violence as I have seen with shop security and nightclub doormen! Thugs with a license I guess...

 

Can I ask if anyone has any information on this: lossprevention dot co dot uk Court%20Cases dot aspx

 

I'm looking at particular at the second case listed:

 

Theft/conversion of fragrance £63.

Escaped from store,

discarding item,

that was subsequently recovered and fit for resale.

 

One security officer dealt with the matter and reported to management.

Defendant denied the claim, and sent in pro-forma correspondence taken from a consumer forum.

 

At the trial it was argued that there was no loss to the Claimant as the goods were recovered.

It was also argued that the security officer did nothing other than what he was paid for

and that the security officer would have been paid, irrespective of whether the Defendant stole the store’s goods or not.

 

It was alleged that he had been dealt with in the Criminal Justice system

and it was not fair to have a civil claim against him

and that he could not afford to pay the damages sought.

 

It was argued that the security equipment and overheads were already installed for other purposes

such as health and safety and it could not therefore be attributable to his theft.

 

The Judge, applying Aerospace (case law), accepted the extent of the diversion of the security officer’s time dealing with the incident,

and the work required thereafter, including the civil recovery notice.

 

He held that this amounted to significant disruption to the Claimant’s business.

 

He accepted the Claimant’s evidence as to the value of that diversion.

 

The Judge, applying Salvadori (case law), also accepted that the Defendant should be accountable to the Claimant for a proportion

of the security and administration costs sought.

 

He accepted that the actual losses exceeded the nominal fixed sum sought and that it was therefore recoverable.

 

The Judge found that whilst the security equipment and staff may well be used in connection with issues such as health and safety,

a substantial part of that is because of theft, at a cost to the Claimant, which it would otherwise not have.

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She was not no- but that's only from my begging not to get her involved.

 

I did tell them she had mental health issues and they tried their best to drag her into it, but I refused.

 

No doubt I will probably be extortionately charged for it!

 

P.S. Thank you for the welcome!

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We've seen RLP's website and the court cases described - in none of which RLP was the claimant, of course. Perhaps unsurprisingly, RLP never provide a proper transcript or enough information to allow the details to be checked. It's not even clear whether the defendant was represented. In any case in small claims, there is always an element of the 'judge lottery'.

 

Have a look at the Oxford case, where there is a transcript of the judgment, and compare and contrast to the stuff on RLP's site. For extra amusement, Google RLP Schillings and see how RLP demonstrated the Streisand Effect by trying to stifle criticism of their unsavoury business.

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Hi again. I have responded to your PM to me.

 

Let us be clear about RLPs power over anyone. Exactly none! Only a retailer can take action and at my last check, I could find no case where Primark has taken action against anyone. Rlp can do nothing except send begging letters or pass it on to their tame debt collector.

 

You have obviously looked at RLPs website. Did you notice the last date of a case listed there. No? July 2012. After the oxford case, there were two cases already in the system which were won but of course (apart from the Oxford case) RLP don't tend to put the losses online.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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It's also worth noting that RLP have a habit of embroidering the facts to suit themselves. For example, they implied that their activities were approved by ACPO, and that there was an agreement between them and ACPO. They published on their website documents that purported to support this. However, after Insp. Knacker's attention was drawn to it, ACPO said that whilst there may have been some discussion, there was no formal relationship, and they required RLP to remove the documents from their website.

 

RLP also claimed to be working with the Police Service of Northern Ireland. When the PSNI were asked about it (it's good to have contacts!), they confirmed that whilst RLP had contacted them, the PSNI were not interested in pursuing the issue and there was no further contact.

 

Then there were the letters they sent to some of their targets, saying that this website was under 'criminal investigation' by the police. Since the police made no contact whatsoever, the only conclusion is that this was no more than a lie.

 

In summary, treat everything RLP say with a generous shovelful of salt.

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