Jump to content

  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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
        • Like

Bus Gate Penalty Appeal Advice Needed

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2905 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

I need advice on if is worth proceeding with an appeal, I have already submitted it but could cancel it.

The PCN was correctly sent to my address, I informally appealed to the council (Sheffield)

a few days ago received a Notice of Rejection.



The NoR was sent to the wrong address, my previous address (I moved 2 years ago and my driving license has been updated with my correct address for about 2 years),

I received a few days ago when the person from the old address found out where I lived and hand delivered it.


1. I could contact the council and given the fact I haven't had 14 days to pay the lower rate get them to agree the lower rate (£30 instead of £60) instead of proceeding with the appeal. I'm concerned that I might lose this opportunity if I take too long to decide about appealing.


2. My ground of appeal would be the signage - I don't think I can use the wrong address as grounds of appeal?


3. I'm not sure how strong my case is.

I turned left onto a main road, where the bus gate started 50 meters down the road, at which point you have to turn right to avoid it.



After negotiating and speeding up, by the time I became aware of the bus gate it was too late.



My grounds are as follows, which I think would be OK for a bus lane, but I'm not sure about a bus gate (though I think the rules are the same)?


Looking at TSM Chapter 3 (I'm not allowed to post a link, but its a pdf on a uk gov website)


1. I think the side road I emerged from should have advance warning signs of the bus gate, it didn't.


2. Although there is a warning sign immediately about 2 yards away from where I turned left, it's orientation at 90 degrees away from the direction of travel when I stop before turning left means I can't readily see it

(also it's height above the car made it difficult to see). At least that's why I didn't see it.



I think that sign doesn't apply to me, because it's not on the road I was on,

and it is not visible for me by at least 45 metres as per section 15.9 of TSM chapter 3.

I'm not clear how this might be viewed by the adjudicator?


3. The next sign is 50 metres away, at the start of the bus gate, where I would need to turn right.

As far as I'm aware, that also contravenes section 15.9 because it is not 30 metres in advance (given the route I was taking) although it was visible for over 45 metres.


4. Taking 2 and 3 into account, I don't think I had sufficient visible advance notice of the bus gate.

Traffic travelling along the main road would have had advance notice,

but because I was on a side street with no advance warning signs I didn't have advance notice


My difficult with deciding if I should appeal is that



(1) I don't know how the adjudicator might look at it,

(2) because its a bus gate, I don't know how rigidly the rules on advance warning for bus lanes are expected to be applied by the adjudicator, or if they apply at all

(3) if my appeal isn't strong, I wonder if I'm best trying to get the council to let me pay the reduced charge in view of the wrong address on the NoR

(I've only just received it even though it is more than 14 days since it was first issued),

I'd pay £30 instead of risking £60 on an appeal that might fail.


Can anyone advise?

Link to post
Share on other sites

One other thing, I'm not clear if this is a bus only route or a bus gate (if it makes a difference). It's a 2 way road leading up to the bus gate, and still 2 way along the bus only route, except that only buses and cycles and taxis can use that side of the road between 4.00pm and 6.30pm . There is no contraflow. At the start of the bus gate there isn't a no-entry sign.

Link to post
Share on other sites



They offered a reduced fine until 14 days after the NoR was served - the letter was NoR was dated 6th July, but I didn't receive it until a few days ago because it was addressed to the wrong address, so presumably I can contend that I am still within 14 days of the date it was effectively served, and should be able to pay the reduced fine?




I really only want to understand if for bus gates (and they are calling it a bus gate on the NoR) there must be suitable warning signs? If so, is the following suitable for advance warning?


1. A sign on the main road immediately when joining it when making a left turn. So the sign was not at right angles to my direction of travel down the side road.

2. A sign at the start of the bus gate, 50 metres further down the main road from where I turned left.


Please can any one simply confirm or deny the legality of the above?


I've checked the wording of PcN and NoR, and other than the NoR being sent to the wrong address, everything seems to be in order there.

Link to post
Share on other sites

I got in touch with Sheffield Parking services. They refused to honour the discount at this stage (seems a bit unreasonable?) though did say they might honour it if the appeal was rejected as long as I put details of the fact the letter was sent to the wrong address in the appeal.


Should put about the misaddressed letter, the fact they refused to accept a discounted penalty payment, and the fact they did not respond in the NoR to the points I made about lack of warning signs?


So I'm going ahead with the appeal then. Should I upload the NoR and PCN to this thread when I get time in a few days time?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...