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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.

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      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.
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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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Legal basis for ticketing


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Dear all,

 

I have a few questions I wonder if anyone can help with.

 

The scenario is thus:

 

I live in a block of flats with parking. Each flat has its own allocated bay. I own my own flat (leasehold, not renting) and I am sure (but I suppose I would have to check the leasehold) that means I own my own parking bay too.

 

I have today received a letter saying "owing to complaints from residents regarding parking, we are implementing permits and ticketing". The letter also states "We, [management company] have no control over revoking parking tickets. Any issues with parking control must be addressed to [parking company]".

 

The management company (or a parent company or sub-company or similar) is also the landowner.

 

Yes, it's annoying if someone nicks your space, but I can't help but think there are going to be a lot more complaints from residents who get tickets.

 

I have been given a permit to display. I'll put it in the car, of course, but...

 

On what basis can they implement this? As I understand it, the 'parking charge' from a ticket is essentially damages either for trespass or breach of contract.

 

If trespass: 1) surely the parking bay is mine to do with as I please; 2) how can the landowner say they are not involved in revoking tickets? Any 'damages' claim would have to be in their name and they can decide whether to pursue it or not.

 

If contractual, how can I have agreed to this 'contract' when there is nothing in my lease?

 

If (assuming the worst) I was to receive a ticket for parking in my own space, would I have any redress against the management co. for a) interfering with my right to park in my space / my right to a peaceful existence; 2) employing gibbons to do the ticketing; 3) saying I'm a party to a contract when I'm not?

 

Cheers in advance

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As a fellow leasehold resident with a parking space and a 'parking management' company,

 

 

I sympathise and can confirm you are 100% correct that this won't solve any problems, simply add to them.

 

 

The parking company aren't interested in managing the car park, only in generating revenue which

(assuming your management company aren't paying them!)

they only gain if someone both receives and pays a 'ticket'.

 

 

After 6 years of fighting, we've finally at least made our company back off and cease operating on our site

(though their signs remain in place as does their contract, it's their own decision that it's not worth the hassle)

and lo and behold, most problems have ceased entirely.

 

All I can say is that you are bound only by what is in your lease,

though there's almost always a 'reasonable change' clause somewhere.

 

 

However, anyone attaching a 'ticket' to your car is trespassing on your property,

you cannot be trespassing on your own property and you cannot be held to have agreed to any contractual term

to which you were not a party and/or had no option to refuse,

therefore there is no way any claim against you (or anyone else parked in your space with your permission) could ever succeed.

 

If you want to wind them up or are worried that you will inevitably eventually receive a ticket through such spurious reasons

as forgetting to display the permit/permit falling off etc,

 

 

then put in writing to them that you are not accepting the terms of any contract regarding parking on your own property,

you cannot possibly be held to be tresspassing and therefore any such 'ticket' is entirely unenforceable

and the costs of appealing/defending will be passed on to the management company,

and furthermore will also provoke a claim for trespass against the person attaching the ticket to your property.

 

 

It's up to you if you do then display the permit for a quiet life or what for the paper to start falling.

 

 

It may affect your decision to investigate the parking company, particularly as to whether they use POPLA,

which will pretty much guarantee every ticket being overturned at a cost to the parking company of (I think) £28.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Read your lease, that will determine whether you have to go along with this because if the parking space is part of the lease then it is yours as much as your kitcen is. It is an administrative convenience for the managing agents, they also undoubtedly receive an intorduction fee from the parking co but if the space is yours has no legal basis whatsoever so you can ignore their demand to put a parking permit in your car and you can do them for trespass if they ticket it.

However, if the space is basically part of the lendowners curtillage like the lawns and bin area then the allocation of a space if more at their whim so harder to show that it is YOUR space as they will say it is their land and they allow you and only you to use it so you must play along in this game.

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