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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
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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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parking eye, Aldi car park


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hi, a friend without internet has received a letter from parking eye for overstaying at an Aldi (sorry not B&M had that on mind!) free car park by 20 minutes, wasn't aware there was a time limit as the writing on the sign is ridiculously small (I know the car park)

 

they're asking for £40 or £70 penalty if doesn't pay, what steps should she take, she was shopping in there but as it was a while ago threw away her receipt as it wasn't for anything requiring a receipt keep!

 

Is there any template letters I can print off for her that basically say up yours PE or does she just have to cough up the money?

Edited by mel2334
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Did she receive the letter (NTK) within 14 days of the parking event?

 

When did she receive the letter?

 

You say a while ago, so dates are crucial.

 

It is easily beaten if we have the correct information.

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Aldi are used to this so a visit to the store for a duplicate receipt will be a start. As long as she knows the date and a couple of the items she bought at the time they can print off another copy. This will most likely be enough to get PE to cancel "on this occasion"

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hi, a friend without internet has received a letter from parking eye for overstaying at an Aldi (sorry not B&M had that on mind!) free car park by 20 minutes, wasn't aware there was a time limit as the writing on the sign is ridiculously small (I know the car park)

 

they're asking for £40 or £70 penalty if doesn't pay, what steps should she take, she was shopping in there but as it was a while ago threw away her receipt as it wasn't for anything requiring a receipt keep!

 

Is there any template letters I can print off for her that basically say up yours PE or does she just have to cough up the money?

hi mel does it really say "penalty" I hope not. or parking charge!
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Parking eye have just lost another court claim I think it was in Wales ,the judge said that the amount of money they were asking for didn't represent there loss so was deemed to be a penalty change witch the judge said they cannot do.

 

It was the Snowdon Mountain Railway case where the judge ruled that the sum demanded by PE did not represent their so-called loss. In fact the case concerned the underpayment of a P&D ticket by £2 because the motorist had injured himself in a fall and was late getting back to the car park. The ironic thing about all of this was that the P&D money went to the railway, not PE. So the only company to suffer a loss was the railway and not PE. I wonder if the parking company were planning to pass on the money to the railway if they had won in court. What do you think!

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