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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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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. 
       

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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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that's correct I merged them.

 

 

else whats been advised is a waste of time and the history.......

 

 

dx

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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prob wont hurt

ring the court and check it was easter closedown after all.

and you are a litigant in person

mistakes are allowed.

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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The court used to send a last chance 7 day warning letter to pay but since the recent new rules regarding trial fees I don't think they do anymore. They may still be playing catch up with the post so might be best ring them and see if they will still accept payment over the phone.

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Thanks guys. Court was happy to take my money. What a relief.

 

Next question. The defendant has not filed a witness statement with either myself or the court. The hearing letter states that this should arrive 14 days before the hearing. I don't think he has any intention of filing this as he filed a lengthy defence and thinks that is all he needs to do.

 

Is there anything I can do to use this lack of witness statement to my advantage? In reality will it make much of a difference on the day? Should I inform the court that I have not received this letter?

 

Many thanks.

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Is there anything I can do to use this lack of witness statement to my advantage? In reality will it make much of a difference on the day? Should I inform the court that I have not received this letter?

In small claims track, I don't think it really matters.

 

If he is just raising things already covered in the defence, I don't think you can complain.

 

If the defendant tries to ambush you with any new facts which are not raised in the defence, you could perhaps invite the judge to disregard them as he hasn't complied with the order to serve evidence of fact 14 days before the hearing. Although not sure how far you would get with this.

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  • 2 weeks later...

I'm gearing up to attend court this week. Is there any general advice out there on what I can expect/what I can do to prepare. I've attended magistrates court a few times, but really have no idea what to expect in small claims. I feel like the defendant is going to cloud the case with irrelevant information, and I just want to focus on the core issues and the law surrounding it.

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Nothing like a normal court. Basically its you, the claimant and a judge that sits around a table and discusses it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks. If I win, can I ask for additional costs not included in my claim? I've had to book a hotel and I'm driving across the country - costs I didn't consider when I initially filed my claim.

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Also, I'm reading some similar cases trying to prep for the day. While I understand decisions from small claims aren't case law, can I use some of them as examples on the day, if I feel things aren't going my way. Or should I refrain from using law in an attempt to guide the judges decision? This is of particular interest: Barnes v McGrath Evesham County Court May 2011 as no Ts&Cs were defined by the dealer

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I think the most important thing is to be able to explain - in one sentence - what your claim is for. You need to be able to explain your claim clearly and concisely. At the end of the day this case is very simple legally, you are simply alleging that the car was not satisfactory quality or not fit for purpose - which is a factual question rather than a legal one. So focus on proving that.

 

It is helpful to be able to point to the specific parts of the Consumer Rights Act you are relying on (perhaps have a printed copy with you).

 

If you have a case to back you up, that's great. But I definitely would not rely on it too much. If you want to do this you would need to have a full copy of the actual judgment - the judge won't know what you are talking about otherwise. You'd also need to be able to point to the specific paragraph in that judgment which you are relying on, and explain to the judge in a sentence why it is relevant.

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Thanks. If I win, can I ask for additional costs not included in my claim? I've had to book a hotel and I'm driving across the country - costs I didn't consider when I initially filed my claim.

 

Have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14 which sets out what you can claim.

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Another goofy question. When I outlined my claim, it was based on an invoice. The receipt is for quite a bit more than I claiming for because I had additional work carried out while it was in pieces. I've now redone the maths, and I've claimed for about £100 more than I should have. None of my original claim amount using MCOL includes costs (travel, hotel, cost of my expert witness, missed work etc.). Two questions:

 

1. Will if reflect badly on me if I reduce the amount I'm claiming for on the day? I want to be completely transparent and fair in what I'm seeking

2. If I win, I assume the issue of costs arrises after that? Or should I have included them in my original claim (even though I didn't fully know what they were at the time). Do I just bring evidence of these costs?

 

Thanks guys. If I win, I am donating a percentage of it to this awesome site

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1. Will if reflect badly on me if I reduce the amount I'm claiming for on the day? I want to be completely transparent and fair in what I'm seeking

It doesn't look great if you are confused about what is owed, but hopefully you will be able to explain in a clear and concise manner what you are claiming for.

 

2. If I win, I assume the issue of costs arrises after that? Or should I have included them in my original claim (even though I didn't fully know what they were at the time). Do I just bring evidence of these costs?

The issue of costs comes later, after the main claim.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Court tomorrow. I've submitted a long witness statement, but I've attempted to condense the facts. Trying to heed advice and be as concise as possible. He hasn't submitted a statement. Wondering if you guys would take a read through everything I want to say and give me your thoughts. Does it tick off everything it needs to? Could it be even more concise? Any final tips appreciated.

 

 

Sept 28 car purchased

 

October 24th

Car develops a very loud grinding noise in all gears.

 

25th October

 

Prior to a full diagnosis, I clearly stated to Mr X that if he was unwilling to meet the cost of diagnosis and repair, we would like to invoke our right to return the vehicle for a full refund under the CRA 2015.

 

October 26th

Again, I stated in two separate messages that if Mr X was unwilling to meet the costs of the labour, we would like to invoke our right to return for a refund. It’s worth noting that at this stage all parties involved felt that the warranty company would cover the bulk of costs, and we were simply aiming to recoup labour costs.

 

October 27th

 

Mr X emailed me stating, quote “Ok please supply me with a formal quotation from the garage you have instructed to strip the gearbox down we can now move forward closer to a solution. Once received we can then establish the actual issue. Thanks .”

 

October 28th

 

A diagnosis was emailed to defendant (see exhibit X). At this stage it became apparent that the warranty would not cover the repair. The diagnosis also stated that the disc brakes were badly corroded and needed replacing.

 

October 31st (Monday)

 

Invoice and diagnosis sent directly to defendant. AA report emailed to defendant. Defendant contacts garage directly for a conversation.

 

Nov 1st

Once again, I outline what I believe to be the our right to return the vehicle. In response, the defendant makes an offer which only represents a portion of the total cost of repairs.. I declined the offer and instructed the garage to carry out work.

 

Nov 2nd Claim filed using MCOL

 

On November 10th I sent a copy of the independent engineers report directly to Mr X which stated that on the balance of probability, the fault existed long before the purchase of the car.

I made one final attempt at resolving the dispute outside of court stating that if Mr X were to meet the full cost of the gearbox repair and diagnosis, I would cease legal action and personally cover the cost of the independent report, the brakes and the car rental.

 

As I understand the Consumer Rights Act, there is an automatic assumption that if the fault materialises within a reasonable period of time after the contract was made, the goods are deemed to be defective at the time they were supplied. The engineers report only serves to reinforce this assumption.

 

I gave Mr X every opportunity to remedy the issue in whatever manner he saw fit. He could have arranged to have the car collected and repaired at a garage of his choosing, or taken the vehicle back for a refund as I requested on three separate occasions. There was a period of 8 days from when he was made aware of the breakdown to when he made his first and only offer. I felt this was a reasonable period of time given that my wife was renting a car at a daily rate in order to get to work. Mr X did not provide a returns or repair policy and I believed the costs of repair to be reasonable.

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by the way, some of this may not seem relevant but the main bulk of his defence was that I was not forthcoming with information, and it's laid out to give a precise timeline of what was provided to him and when.

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I've been meaning to log on and give folks an update. I won! From the moment I walked in I sensed that I would. The judge guided everything along nicely and refused to get bogged down in the defendant's irrelevant and lengthy defence.

 

She didn't agree to some of my claim so I wasn't awarded to full amount, but enough to make it worthwhile. There were also a couple of costs I think I should have got which she didn't give me. I only got mileage for a one way trip (a 260 mile each way journey). And she did not allow me to claim for £40 airbnb, saying I could have driven there in the morning (hardly!).

 

But other than that, it was a decisive win.

 

Thanks so much for all your input guys. It made all the difference. Now to see if he actually pays!

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