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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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Defence Systems Ltd T/a Park Watch Court Claim


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Gladstones are the IPC and they invent their own rules.

 

 

The main point is that their kangaroo court, the IAS ignores the law and makes decisions that are just nonsense legally speaking but always on the side of their clients. T

 

 

hat is why parking companies sign up to them rather than the BPA

but this rash of court claims will cause them to rethink when they go along with Gladdys and then lose

because they have believed what they were told at the earlier stages.

 

 

I also believe that many of these claims are not funded by the parking co's but the up front fees claimed are non-existent or paid by Gladstones on a contingency fee type basis.

 

 

This is sailing close to the wind as it could be argued to be Champerty.

 

 

Certainly the dubious claim for £54 legal costs as a pre action claim is very suspect,

I would love to see the invoices, accounts and bank statements of the companies involved but we never will.

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  • 1 month later...

Hi Mandak,

I've not been given a hearing date yet, so it looks like you will be in court before me!

 

What I have found out so far, after a freedom of information request, is,

' The signage at Perry Barr One Stop in relation to traffic signs is excluded from Birmingham City Councils (BCC) direct control and therefore are permitted and do not require planning consent'.

And,

'There is no Traffic Regulations Order issued by BCC' currently in place.

 

I've got my fingers crossed for you and hope you have taken the advise given by the guys on here, looking forward to hearing you won!

 

Hi Ericsbrother, Dx,

What's your thoughts on their response,

as it seems to me that they have evaded my question regarding advertising and the planning permission required for that?.

 

 

..BP

Many of life’s failures are experienced by people who did not realize how close they were to success when they gave up. - Thomas Edison

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the council is wrong in its assertion that signage is not a planning issue.

 

 

These statements are made by people employed in customer service roles and not qualified to make such assertions.

 

 

Read the law

but what you do have from this is a statement from the council that they do not have planning permission.

 

 

There are plenty of threads here where the exact part of the Act is quoted so look at them.

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  • 2 years later...

Hi

 

The same thing is happening to me with regard to Defence Systems and DRP. But I've paid £100 for PCN and now they're asking for more because it wasn't paid in time (apparently). DRP are chasing me with harrassment letters, saying I still owe £160.

 

I'm stressed to bits over it - They keep sending me letters and text messages. I've rang them loads but they just keep on saying it's outstanding and that they will consider court.

 

Surely if they've issued a PCN for £100 and I've paid £100, they can't go for further costs???

Help please.

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you need to start a new thread

of your own please

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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