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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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hi parking eye ticket and unsuccesful appeal


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hi i need some help please.my girlfriend was driving my car she was in morrisons in acton london she over stayed in a free car park by 40 mins .she did not know that there was a time limit on this car park first we knew is when parking eye sent a invoice through the post. the reason she overstayed was she waited 25 mins for a parking space as on a friday people use this car park to go to friday prayers in the local mosque

 

i copied a letter to parking eyes that i got from here

 

Default Re: Parking Eye are at it again.......

Appeal to Parking Eye as the Registered Keeper ONLY as follows (either by their online appeals portal or by post (if post GET PROOF OF POSTAGE)) :-

 

Your name

Your Address

 

Date

 

A Formal Appeal Against A parking charge

 

Dear Sir

 

Your ref; parking charge number xxxxxxxx

 

Whilst the DVLA may have informed you that I was the registered keeper of the motor vehicle in question, at this stage I make no admission as to the identity of the either the keeper or the driver at the material time.

 

This appeal is on the following grounds:-

 

• Your Notice does not comply with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore legally barred from pursuing the keeper.

 

• The £100 parking charge is excessive. It does not represent a genuine pre-estimate of loss caused by the alleged parking contravention; as such it is a legally unenforceable penalty charge.

 

• You do not have sufficient contractual authority from the landowner to issue and enforce parking charge notices.

 

You have set out your case in your parking charge notice; this is the response and the formal appeal.

 

You therefore have two options;

 

1) Either accept the grounds of appeal and cancel the parking charge

Or

2) Refuse the appeal and provide me with the unique 10 digit code in order that the matter can be properly referred to POPLAicon for independent adjudication.

 

Finally, I have nothing further to add to this appeal and therefore will not respond to any further correspondence with your company; so either cancel the parking charge or provide the POPLA code as required by your industry Code of Practice.

 

Kind regards

 

(Print the name of the Registered Keeper here - do not sign it)

 

 

and today i get a unsuccesful letter from them with a popla code on it i checked the code and it seems ok but in the letter its going on about the judgment from the judge from the parking eye vs beavis case as i am aware the judgment is expected after easter how can i appeal to popla i will upload letter from parking eye

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You have left the POPLA code on your rejection letter. I would take it down if I were you...

 

If you have checked the code then you would see that it was generated two weeks ago, which means half of your appeal time has gone.

 

You should put in a complaint to the BPA about this, and the fact that PE are using the Beavis case when it has gone to appeal.

 

Your appeal should be that you wish to see a full breakdown of the genuine pre estimate of loss that the charge must represent, proof by site of contract ,that PE have the authority to issue and pursue parking charge notices, and that you believe the charge to be punitive.

If you have a receipt or bank statement from the day then a copy should be included.

 

The COA decision may mean additions to the appeal of course.

 

Complain to Morrisons vigorously as well about the treatment their agents dish out to customers...

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