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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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smart parking + DRP


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hi

i received a letter from our van lease company stating that a parking company had been in touch to identify the owner of the van as a parking ticket has been issued.

the letter stated i would have the opportunity to appeal etc and would i let the lease company know what my plans were with regards to paying it or appealing it etc once id heard.

then i receive a letter from debt recovery plus for an unpaid ticket £150 stating failure to comply with their previous demands in a previous letter (which i never received and asked for a copy which i got but was dated the day before i received it)

i contacted smart parking and explained id heard nothing since the lease company contacted me and then a demand for £150,i told them i wanted to appeal this ticket and what should i do etc,they were very rude and abrupt and told me to deal with drp,not sure what to do here as ive now received a second letter from drp for £150 today

any help would be much appreciated as always

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Hi,

It looks like the lease company have done the right thing in this case: passed it on to you. Some companies pay the charge then bill you. This letter means they have identified you as the driver at the time of the 'offence'

 

The thing is, this is a private parking matter, not a public one (coincil issued etc.) so the only way (not so )smart parking can get a penny is to take court action through the county courts.

 

DRP are powerless numpties who can do nothing to you so I would ignore them. You could contact Smart Parking and demand they give you the opportunity to appeal as you have not had the required information.

 

I also suspect that they are out of time on this but you can confirm with the dates of parking and what date is on the letter from DRP

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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hi thanks for the speedy replies :)

ok dates lease company to me 24th nov 2014

alleged offence 5 oct 2014

first letter from DRP 29TH Jan 2015

2nd letter 02 feb 2015

i havent been given any windscreen ticket from anyone that uses the van.

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Ignore DR+ completely, note they have added £50 to the alleged charge for no reason other than they think they can get away with it. They arent licenced to take deposits so if they do a runner you still owe the parking co the money (if there really was a debt)

Let us know if you get any more letters from the parking co and we will help you there.

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Smart parking do not live up to their name and almost always get things procedurally wrong so they cant use the legal route, hence the use of DR+ They are just a couple of people who work in a portacabin in a pub garden so as I say ignore them.

There is an appeal court case coming up soon that will affect things so if things go badly the parking co's will be revisiting all of the cases that havent been defeated so there is a possibility that it might rear its ugly head again but for the moment you have no worries. The debt collectors have to send the matter back to the creditor because thy have no interest in the matter. The fact they employed DR+ doesnt alter the fact they are the creditos and can take action if they wish (generally that action fails for may reasons, hence the need ofr this forum).

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hi thanks for the speedy replies :)

ok dates lease company to me 24th nov 2014

alleged offence 5 oct 2014

first letter from DRP 29TH Jan 2015

2nd letter 02 feb 2015

i havent been given any windscreen ticket from anyone that uses the van.

 

That time line initially suggests a ticket was placed on the windscreen.

 

Then Registered Keeper details were obtained, the lease company, who then have named you as the keeper or driver.

 

Then you are missing some correspondence... ?

 

But at the start you state ' our van lease company ' as if it is a company that is the keeper?

 

Are you personally the keeper?

 

 

 

 

Was this one the same scenario;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406966-smart-parking

 

if so, how did that end up?

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That time line initially suggests a ticket was placed on the windscreen.

 

Then Registered Keeper details were obtained, the lease company, who then have named you as the keeper or driver.

 

Then you are missing some correspondence... ?

 

But at the start you state ' our van lease company ' as if it is a company that is the keeper?

 

Are you personally the keeper?

 

 

 

 

Was this one the same scenario;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406966-smart-parking

 

if so, how did that end up?

hi, one in the other thread i ignored and heard no more from them ,then received another letter for a different alleged ticket,2nd time the van lease company wrote a letter stating they had been contacted by said parking company to obtain owner details etc,not sure why that never happened the first time round,,

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  • 2 weeks later...

What is a percentage of a reduced amount that doesn't exists? The same as 50% of nothing is nothing.

 

In other words, carry on ignoring. The next letter from DR+ will be the one where they say they will pass this back to Smart with a recommendation they take legal action.

 

Oooh Scary Scary :lol:

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 1 month later...

hi all received a letter today from DRP demanding £160 for a parking ticket from jan 11th 2014 that was from excel parking services after following advice from the forum re excel parking and ignored their threats for £160 for an 80p ticket.

told DRP I wasn't the driver and no longer own the car as it was stolen and written off in april last year their response was well you were the owner so you have to pay my response was good bye

very rude and abrupt said they will send bailiffs round so told them to go ahead and when did they go to court to get a court order for bailiffs to attend. They said we don't need to go to court we can appoint our own bailiffs so told them to go ahead explaining unfortunately I knew my rights and would be speaking to the court who they say will be providing them and seek confirmation of court date as I wasn't aware of any and then report them. They just hung up

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hi all received a letter today from DRP demanding £160 for a parking ticket from jan 11th 2014 that was from excel parking services after following advice from the forum re excel parking and ignored their threats for £160 for an 80p ticket.

told DRP I wasn't the driver and no longer own the car as it was stolen and written off in april last year their response was well you were the owner so you have to pay my response was good bye

very rude and abrupt said they will send bailiffs round so told them to go ahead and when did they go to court to get a court order for bailiffs to attend. They said we don't need to go to court we can appoint our own bailiffs so told them to go ahead explaining unfortunately I knew my rights and would be speaking to the court who they say will be providing them and seek confirmation of court date as I wasn't aware of any and then report them. They just hung up

 

Please start your own thread if you want advice specific to your own situation.

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I got a ticket from Smart last Thursday, sent in the appeal on Monday, they cancelled it on Wednesday.

 

The reason for telling you this is that Smart have no bottle to try court. However you will have to put up with DRP for a short while longer as it's in their hands now. DRP cannot do court as only the ppc or Landlord can take that action according to the contract, so sit back and enjoy every pointless letter

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  • 3 months later...

just received a letter from gladstones solicitors today

stating

due to no payment or valid appeal our client has instructed us to seek payment

 

not sure what to do,

 

 

anyone else had dealings with gladstones ?

 

 

would be nice to hear from anyone with regards to them

 

thanks for reading

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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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just received a letter from gladstones solicitors today

stating

due to no payment or valid appeal our client has instructed us to seek payment

 

not sure what to do,

 

 

anyone else had dealings with gladstones ?

 

 

would be nice to hear from anyone with regards to them

 

thanks for reading

 

 

http://parking-prankster.blogspot.co.uk/2015/07/gladstones-solicitors-score-another-big.html?m=1

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thanks for the links

i was intending to write them a letter stating the fact they never issued me with an appeal (popla code) and as such the demand is meaningless as they have not followed the correct procedures,but after reading your links and the one after im not sure if i should write anything to them

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In the past I would have siad to write to Gladstones telling them that the procedures have not been followed by the parking co so no cause for claim.

 

 

This is more to do with creating a paper trail rather then arguing the rights and wrongs

as it would not be a wise move by the parking co to tell a judge about their failure to allow an appeal.

 

However, now that Gladstones have been rumbled ignoring them would save a stamp

but I might be tempted to wriet to Smart parking and tell them what a bunch of clowns they and their pet DCA's are

(funny how Gladstones have 3 roles in this debacle)and have screwed up for them again.

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