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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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litter fine


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Hi people Is it legal to fine someone under 18 for littering .

It seems that Enfield is targeting the colleges . Is it possible to get the fine reduced for students if you go to court as £80 is a lot for a student to find for throwing a fag butt on the floor

I know that you don't give your name to these people but they act very official and con people into giving details !

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you certainly should be giving all your details if its a council that's fines you.

 

 

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I once caught my 3 year old about to put a fag but in his mouth(unlit obviously) which was in a children's play park.

 

 

I think the fine should be substantially more. Put it out and bin it.

 

 

And good luck not giving your name, cctv will have you picked up in minutes and forced to give your name to plod.

 

I for one came here to help with advice for those that need it, not advise on how to spoil our beautiful country and get away with it.

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I'm gonig to sound like a victorian father but obviously their parents never taught them not to drop litter. as the age of criminal responsibility is 10 then some snotty 16-17 year old deserves what they get if they can't be bothered to find a bin.

It is easier to enter a rich man than for a camel to pass a needle

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I'm not sure I see the problem. People throwing cigarette butts on the floor is a huge issue and should be fined heavily.

 

Thanks for your reply . I don't agree with littering but nor do I see it as such huge issue and the fine is excessive and just revenue raising . My question was about the age of the person and whether it was legal to fine someone under 18.

They are likely to have very little money Yes and I know they are buying cigarette !

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It is a fixed penalty notice and not strictly a fine but money paid to avoid court action. This means that no criminal record or judgement will blot ones copybook. It is a criminal offence to refuse to give your details to an authorised person, who must be in uniform.

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Thanks for your reply . I don't agree with littering but nor do I see it as such huge issue and the fine is excessive and just revenue raising . My question was about the age of the person and whether it was legal to fine someone under 18.

They are likely to have very little money Yes and I know they are buying cigarette !

 

Of course it's a huge issue. Not only is it litter but it's also a fire and health hazard. Just because a cigarette has been stubbed out doesn't mean it isn't still hot enough, or potentially have enough still hot embers, to set something on fire. The fine is most certainly not excessive. Maybe it is bringing in revenue, but that's revenue that goes towards the cost of cleaning up littering, which isn't cheap.

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http://www.testvalley.gov.uk/resident/transportparkingandstreets/streetcleaningandlitter/litter-fixed-penalty-notices/

 

The link is to Test Valley, Hampshire. I would think the same is for all Local Authorities.

 

 

Who can be fined?

Anyone aged 17 years and above who is caught dropping litter by an authorised officer.

 

Test Valley Borough Council has a zero tolerance approach to littering.

 

Section 87 and 88 of the Environmental Protection Act (1990) states that if a person drops, throws, deposits or leaves anything so as to cause defacement in any land open to the air, they could be committing a littering offence. Litter includes all smoking, drinking and food related waste including cigarette butts and chewing gum.

 

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The uniform is the one prescribed by the council concerned, so it is that a person who has the statutory instrument (basically authorisation by council) and is wearing said uniform (no undercover litter or traffic wardens) as described in council publications.

If that worries you, look at the powers of entry that your council has for your house- they can kick your door down to check the energy rating on your fridge or to search for waterfowl shot with lead shot as well as checking the soil your houseplants are growing in before having a gander at your double glazing...

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The uniform is the one prescribed by the council concerned, so it is that a person who has the statutory instrument (basically authorisation by council) and is wearing said uniform (no undercover litter or traffic wardens) as described in council publications.

If that worries you, look at the powers of entry that your council has for your house- they can kick your door down to check the energy rating on your fridge or to search for waterfowl shot with lead shot as well as checking the soil your houseplants are growing in before having a gander at your double glazing...

 

thanks you for answering my questions much appreciated

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I really cannot understand why people think its OK it throw rubbish on the floor and then moan if they receive a fine. On return from a charity function run by firemen one of said firemen threw the remans of their chippy diner on the floor near my home, when I told him to pick it up he gave me a mouth full of abuse. What wrong with people?

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  • 2 weeks later...
thanks you for answering my questions much appreciated

 

Where to start... Over the age of criminal responsibility then yes fpn can be issued.

Officers need to advise you of their identification and do not have to be in uniform. A valid Id should be shown though. Failing to give correct details is an offence which can lead to arrest.

 

80 is cheaper than the several hundred you would get in court up to a maximum 2500.

 

I have even had People demand proof that they dropped the litter ie photographs. Doesnt wash. If an officer saw you drop it then it's likely you dropped it. If not then you should argue the fact in court. If you dropped it then you have committed an offence Under British law. Your only legal defences are that you had permission to do so, that it wasn't litter/controlled waste or that it was disposed of in an emergency. Hope you got it sorted.

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