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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.
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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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Gemini PCN- Queens hospital car park Romford - im a doctor!


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I have just received a debt recovery demand of £160 on behalf of Gemini car parks.

 

 

Apparently, on 17 October 2016 (two and a half months ago), I parked in a disabled bay in the hospital car park in Romford.

 

This is the first I have heard of it. I had no ticket on the car, and I have had no notice to keeper by post.

 

I have to park here regularly because I work as a doctor in the hospital.

 

 

It is possible I parked there when I was in a rush to get to my shift and there was no other parking space.

 

I am fed up with this company and their tricks, as are many of my colleagues who have similar experiences.

 

Does anyone have any advice?

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Many thanks for the replies.

 

ericsbrother, I have tried to upload a pdf scan of the letterf; I hope you can read it.

It seems like a standard debt recovery letter, with date of notice 04/01/17 and date of the parking charge 17/10/16.

 

This is the first I have heard of the ticket, but I know they will say they left a ticket on the windscreen and wrote a NTK by post, even though I didn't receive either. It seems I have lost my right to appeal because of time, but I will approach POPLA anyway.

 

I would be very grateful for any suggestions.

img100.pdf

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do staff have to pay to park?

or do you have a free area to use that was full

whats the normal MO for staff there and parking?

 

 

dx

 

Yes. There is a staff car park, for which you need a pass which was about £60 a month when I last checked, but it is very over-subscribed and there is a long waiting list, so I (like many others) don't have one. We have to use the public car park which is more expensive and often full.

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That's not a very satisfactory arrangement, is it? It can't be easy to be at work on time if you're trying to park. When my father was very ill in Oxford last year, parking was a nightmare for visitors, but I didn't think hospitals would let staff go through the same.

 

I know this is a side issue to your ticket, but would people who are affected band together and ask for something to be done?

 

HB

 

No, it is not satisfactory. On arrival at the hospital both doctor and patient have to put up with the stress of driving round and round to find a space at a time when it is really important for both to be calm. However, parking is a common problem for hospitals. I'm sorry about your father.

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so, for the moment you are taking the matter up with your employer and ignoring the parking co. If you dont get anywhere with your employer then you will need to write a letter telling the parking co or their pet lawyers to get lost because.... but for the moment we will use the other approach .

 

however we still need to see pictures of the signage at all the various car parks and also you can have a look at your employment contract to see what it says about parking since you pay to be there. If you pay directly out of your salary there must be terms attached so we will need to see them.

I'm not sure the hospital will be very helpful, but I have copied my complaint to the BPA to the site director. There is nothing in my contract about parking. I don't have a staff car park pass, and I don't think they are even giving any out except to junior doctors, which is fair enough. I have to hope what you said about Gemini having badly written contracts is true.

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This is the BPA's response:

 

The BPA is not a regulator for private parking companies we have no legal authority.

We will investigate any complaints about alleged non-compliance with the Approved Operator Scheme Code of Practice,

however, we are not set up to deal with disputes from the general public about parking or control.

 

 

Therefore the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control and enforcement on private land.

 

 

Any challenge or appeal is a matter for the landowners or operators procedure, with the option of taking it to POPLA, and or the courts. We will not get involved in the arbitration of a dispute between an operator and an individual.

 

The parking charge process is such that a motorist has 28 days to appeal to the parking operator from the date of the parking charge notice.

 

 

If the charge is not paid or appealed, then the operator will escalate the charge to debt collection.

Once a charge has been escalated to debt collection, the option of POPLA is no longer available.

 

Following the review of the below,

we note you advise you did not receive a copy of the documents which Gemini advise were issued.

 

 

With regard to a notice to keeper,

unfortunately, unless recorded delivery is used we are unable to ascertain whether mail has or has not been received.

 

 

As it is not currently a requirement of the Code that the operator send mail recorded delivery,

if they are able to provide the documents they advise have been sent,

we cannot advise there to be a breach of the Code.

 

We also understand that Gemini Parking Solutions have advised that the notice to driver was affixed to your vehicle.

As per our Code

if a motorist requests photographic evidence of the charge,

that should be provided by the parking operator,

 

 

but as we do not hold this information,

we are unable to accommodate your request directly.

 

 

You should first direct this query to Gemini to obtain the details you have requested.

 

So it seems we are no further forward.

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So here's where we are:

The BPA seems happy for these scams to continue.

The Trust has bigger problems.

I would have been happy to pay for a ticket at the initial rate, but I've decided to ignore the £160 demand. One of my colleagues has a drawer full of parking-related demands, and ignoring them seems relatively common.

 

Thanks everyone for your suggestions.

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