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    • You're welcome. Lots of people aren't sure where to post when they arrive but you'll get used to the forum. HB
    • I’m so sorry for posting in the wrong place and I am so thankful you have replied to me thank you.
    • Hello, welcome to CAG. I've moved your thread to our Retail Loss Prevention subforum for further advice. It sounds as if you may get letters from people like DWF solicitors or a company called Retail Loss Prevention but we always recommend to ignore them. If the police weren't called on the day you aren't going to hear from them. Ask us any questions you want to and keep in touch but I don't think this will go anywhere. Best, HB
    • Hello, firstly thank you for reading this. I know no one wants a long winded back story. So I’ll be breif. I entered a local store to buy some paint (which I did pay for) I am honestly not a bad person or a theif.   Didn’t have a basket or trolly as was on my lunch break. Whilst picking up the three tubs of paint placed some masking tape in my pocket (it was hanging out of so I had every intention to pay) just didn’t have a hand free. Paid for my goods (forgot about the £4.39 masking tape) I’ve got so much going on and im not well at all (like I say no one cares I get that) also have autism so wasn’t thinking particularly like others do maybe (who knows my minds going around and around) I left the store after paying, was pulled back in by security. Asked for the tape which I gave immediately  shook up. Gave them my ID and details. I was given some paper and told to expect a large fine in the post for their time and the tape and sent on my way. my questions are: I hardly ever go out without support so the ban I guess I can’t go there now for anything (their loss) - ok but is my photo going to be all over with my name? how much am I expecting in the post as a fine? I have sent them cash in the post recorded signed for delivery to arrive tomorrow (incident happened today) for my error. Their Address was on the bit of paper. i have read two posts on this page but they were from many many years ago so I hoped for updated advise please? 
    • V important you read lots of BMW threads too !  
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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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      Many thanks 
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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.
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      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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PIP claim /DLA renewal


fletch70
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First of all stop looking for the Judge you will find a whole heap of hurt. Do not go down this route any further please.

 

 

Why not post up a redacted copy to view of what you have so far? I had an A4 box of information to sift and only 3 days to complete and write an appeal statement. The result was I was exhausted.. But the ends justified the result.

 

 

Take a break and consider asking a professional to assist you, we can advise to a point without having the evidence in front of us all of it, it appears you do not have all the required information either, please request the next appeal then politely ask for an adjournment. State you need to acquire further evidence to support your appeal this will normally be granted.

 

 

Lets leave it for tonight and pick up in the morning when you are more alert?

 

 

Mike

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Cheers Mike.

 

What is it you want to see, what I have penned with regard to an appeal? Or some of the decisions that have been made.

If it is the latter I will go to uni and use there scanners as I can scan a whole bunch directly to file.

 

I am looking for professional representation, I was badly let down by a firm of charlatans 18 months ago although it didn't cost me anything directly.

 

I am told legal aid might cover it and also need to see if my contents insurance might help.

Any opinion I give is from personal experience .

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Thanks Mike

 

It does indeed make interesting reading and seems entirely relevant to my case as it dates from a similar time

Any opinion I give is from personal experience .

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