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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Should this ever happen to me, I will make an appeal at the first stage to avoid any problems that may occur at a later stage. Although, any individual in a similar position should decide for themselves what they think is an appropriate course of action. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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Car Bought through Ebay from a Car dealer/trader Broke down within 20 miles ***Resolved***


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I will keep this as brief as poss.....

I bought a car through Ebay, I went to the persons house test drove the car it was fine, handed over the cash, drove down the road approx 20 miles and the car broke down, I called the seller, who came to meet me and after a long very heated and difficult conversation including calling the Police, he would not agree to give me my money back or offer a repair. I managed to get the car working again drove off only to completely brake down after approx 10 mins, I called the AA who attended and discovered that the cars engine management systems had certain codes by passed and cleared just before I picked it up, in their opinion the trader had deleted the faults in order for it to drive perfect on the test drive. The Diesel particulator filter needs replacing along with the mass air flow meter & the turbo along with the manifold cover that had been bent.

 

 

The trader will not enter into any discussion about returning the car or even a refund.

 

 

He tells me as I bought the car from a trader and I signed a piece of paper saying that I was buying the car with no warranty and that he had told me about all known faults ie none! there was nothing he was legally obligated to carry out.

 

 

Is there any course of action I can take to get part or all the money back, can I get him to pay for the repairs.....

 

 

Help needed please.

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In short. Yes !

 

Regardless of what you signed, regarding no warranty and faults etc ...

As he is a trader you are covered under the sale of goods act.

 

Was the car sold as scrap by any chance ?

Got the item number ?

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Hi thank you for responding.

 

 

Ebay item number 271541731453.

 

 

The car was not sold as spares or repair or scrape.

 

 

Thanks.

 

 

Hi.

 

All I can add is being the 1.6 tdci these are well known for a turbo failure fault caused by lack of oil flow. The cause is argued somewhat but what I think people generally agree on is the oil getting too hot somewhere in the engine and turning to carbon, building up and blocking the oil feeds to the turbo

 

As I say above. Sale of goods act applies. Dealer does have responsibility. Providing you can prove he is a dealer.

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No more phone calls. Will the AA provide you the roadside assistance diagnostics and appraisal in writing ? ask them.

 

If you can get that then you are well on your way to satisfaction.

 

If you can't get anything from the AA, then you will need to take it somewhere for a diagnostic and report so that you can send a copy of it to the seller by recorded delivery and ask again that he puts things right.

 

Your next course of action will depend on what he replies if he replies.

 

You will have to pay for the report, but will claim that back from the seller.

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Providing you can prove he is a dealer.

 

Judging by his feedback, he has been selling quite a few cars through ebay since Feb. 2012. He currently has seven cars listed, so that all points towards him being a trader.

 

For reference for the OP, a couple of screenshots:

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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His argument will probably be that you bought through an auction and test drove before parting with the cash. If you did "win" the auction he will have evidence that you did in fact bid a number of times and he doesn't seem to be denying he is trading.

 

I suppose the key here is what the latest regs are about buying though an online auction where you have actively bid and not tried the car. Had this been through a normal auction it most probably be tough luck.

 

No doubt others will be along to advise you to sue the arse off him but in this case the fact it's an e bay auction might just complicate things.

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ebay auctions:

 

The Distance Selling Regulations didn’t apply to goods bought at an auction so you’d have had no automatic right to return an item if you were the highest bidder and you changed your mind.

 

However, this has changed under the new Consumer Contracts Regulations and you now have an automatic right to cancel.

 

Your right to cancel starts from the moment you place your order and doesn't end until 14 days from the day you receive your goods.

It matters not what he says about you signed something. You cannot lose you consumer rights even if you sign a document saying you give up all your rights under consumer regulations, it will not stand in court.

 

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Thank you all for your helpful comments.

 

 

Looks like I have a lot of research to do here on line.

 

 

I did know about 'distance selling' or 'consumer regulations' until now so thank you all for your help.

 

 

I have the car booked into my local garage this morning so I will then find out what the costs involved are.

 

 

Once again everyone thank you.

 

 

Lloyd.

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Progress at present is slow, letter has been sent to trader outlining the issues with the car, I have had 3 quotes locally to fix the car which I have sent off.

 

 

The info you have just provided is priceless to me at this time, thank you so much for sharing, I really am entering a world I know nothing about.

 

 

Sent with thanks.

 

 

Lloyd

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  • 3 weeks later...

Hello there.

 

 

I just need some help with a question relating to this thread.

 

 

I have now started the small claims court process however out of nowhere the seller has now offered me a refund, he is only offering back the money for the car & not my expenses, which if I return the car will be somewhere in the region of £750.

 

 

If I decline his offer of the refund as I do not feel this is fair as he should have fully disclosed all faults with vehicle & not place mis-leading information on the advert, I feel he should collect the car at his expense and give the refund plus expenses so far.

 

 

Am I right in assuming the small claims court will pursue him even though he has offered a refund for the car only.

 

 

I do not know where I now stand.

 

 

Can anyone still help me please.

 

 

Thank you.

 

 

Lloyd

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Hi boyharris

 

You've already been put to considerable expense, a claim through the courts has been lodged, the dealer had the opportunity to be reasonable and refund but chose not to. Tell the dealer if he doesn't refund the expenses as well then the claim will proceed.

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Thank you once again for your help.

 

 

The dealer has me questioning my own decision to take this route of action, he has kind of implied that if I don't take his offer things could get dragged out for years.

 

 

If I accept the refund & deliver the car back to him my total expenses will be £910 with breakdown cost, vehicle diagnostic & car transporter to deliver back to him.

 

 

Actually as I write this reply I think I have made my mind up to refuse & continue on the small claims I have logged already, I do not feel it fair I should be out of pocket at all.

 

 

Thank you all for your help, it has been of great help to me.

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You should also bear in mind that even if you do win the case, that does not mean he will pay!

That could go on for some time and you may have to resort to bailiffs etc.

I would perhaps be inclined to negotiate while your court case is pending and accept some partial offer for your expenses if he offers it, otherwise continue and see what happens.

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Good evening to you all.

 

 

I have just received all my money back into my bank account, after some sleepless nights my nightmare seems to be over, thank you all for your help & support.

 

 

 

 

Lloyd.

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Well Done Lloyd, what's happened with the court claim? That needs to be dealt with.

 

Good evening to you all.

 

 

I have just received all my money back into my bank account, after some sleepless nights my nightmare seems to be over, thank you all for your help & support.

 

 

 

 

Lloyd.

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