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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Shops Private Land Charge/ Invoice **Cancelled**

spikem34

By spikem34
in Private Land Parking Enforcement

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spikem34

spikem34

Posted
Posted

Hi all

 

My bank is based on land with private shops but in a way has two parking areas one for the bank one for the shop.

I parked in the shops, always have and used bank.

 

Came out and a man approached saying have you used the bank, yes was my reply he then said unfortunately .

..... as I realised what he was I then stopped him and asked if land was private or council

he replied private land so I just got in my car and drove off to shouts of see you in court!!!

 

I took no other details than that but as I drove out I did see the sign contract thing on the wall,

must admit never realised that although on the same land so to speak that they are separate

 

My question is what to do next as and when the invoice comes through.

 

 

No ticket was issued on the car or anything didn't give him the chance but I presume he has photographed the number plate.

 

The car is also registered to my wife not me so don't want to cause her any grief.

 

Any advice on correct procedures would be most helpful so I can do this properly whilst causing these leeches time and money.

 

 

Thanks in advance

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armadillo71

armadillo71

Posted
Posted
Can I assume you mean who are the company enforcing the parking, if so I am off to bank in a while so will get info then.

Yes.

Take a photo of the sign.

 

 

If there are only two spaces, then I suspect it may be a self ticketing operation.

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armadillo71

armadillo71

Posted
Posted

Make note of the day you parked.

Then see if something comes in the post and on what date if it does...

 

The sign states bank customers can park there between certain selective times, which seems designed to 'catch ' motorists out...

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ericsbrother

ericsbrother

Posted
Posted

As no ticket on screen and no evidence via ANPR they can ask for the moon for all the good it will do them. If you do get a letter through the post tell us what the issue date was and the date you received it. I bet that they get the protocols wrong and so we can give you a short letter to rebut their claim.

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DragonFly1967

DragonFly1967

Posted
Posted

First things first spike... Remove your attachments, edit them to remove any personal information, like the keepers name and address and the car registration. And if it's there, the POPLA code.

 

Then convert the images to pdf, and re attach them. They're quite difficult (though not impossible) to read when uploaded as a .jpg file thumbup.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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maroondevo52

maroondevo52

Posted
Posted

Attachments unapproved.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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DragonFly1967

DragonFly1967

Posted
Posted
Oops apologies in my rush. Cant delete them though can a moderator just delete the post !!!!

 

 

Will re post

 

No need to apologise, it's for your sake, not ours :)

 

A mod has already unapproved them, so no need to delete the whole post thumbup.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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maroondevo52

maroondevo52

Posted
Posted

spikem34, only Admin and Site Team can view your attachments, please re post.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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DragonFly1967

DragonFly1967

Posted
Posted

The cheeky swines! ohmy.png

 

The appeal most certainly does NOT have to include the name and address of the driver.

 

 

Send them an appeal as the keeper of the vehicle, not the driver, make up some sort of gash reason. Something along the lines of, and you might as well have a bit of fun with this... "As registered keeper of the vehicle, index XXXXXX, I would like to appeal against the parking charge as issued, as the driver had been forced to park there by aliens who were blocking the road"

 

They'll reject it anyway, irrespective of what you actually write. At which point they'll have to issue you with a code for an appeal to POPLA (which will cost them £27 (bonus points for costing the PPC money)).

 

You then submit a full (proper) appeal to POPLA, which someone here will help you with when the time comes.

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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ericsbrother

ericsbrother

Posted
Posted

I would appeal stating that you do not believe NPE has the authority to make claims in their own name and that the equipment used to capture store and transfer your registration details are not an approved device so Para 9 of the POFA is not applicable and therefore the charge should be cancelled.

They wont like it but they may just drop the matter rather tahn risk going to POPLA and being uncertain of the legality of their demand (never stopped some parking co's.)

When you get a reply if it refuses your appeal you should get the POPLA code and you then take the matter to appeal using the same arguments plus no GPEOL. At POPLA you demand sight of contract and details of approved equipment under Para 10(2) of PoFA A small outfit that basically self tickets wont have a clue what you are on about.

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DragonFly1967

DragonFly1967

Posted
Posted

I'd agree with ericsbrother. Leave them to mess it up all on their own. That way, if they decide to compound their mistake and try to take it further, you'll have more ammunition with which to make them look silly (not that they require too much external help).

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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